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When a Pierce Atwood client became concerned about collecting payment for fuel delivered to a troubled cruise ship/ferry owner trading between Maine and Nova Scotia, Pierce Atwood came up with a strategy for intervening in the case to assert a maritime lien based on a newly developed line of maritime case law – and within a week, the vessel owner settled the claim for nearly the full amount due.
We have been retained by an independent electricity transmission company to help them develop an energy storage business plan, evaluate battery vendors, prepare vendor contracts, and assist with applicable regulatory approvals and permits.
Our lawyers counsel clients on website and digital accessibility issues under the Americans with Disabilities Act (ADA), Twenty-First Century Communications and Video Accessibility Act (CVAA), and similar federal and state laws and regulations, and represent clients in the defense of related class actions. Our litigators have represented defendant companies in direct-to-consumer and retail industries in website accessibility lawsuits in the United States District Courts for the Eastern and Southern Districts of New York.
Representation of Athens Energy and its sister company, Maine Woods Pellet Company, in connection with all aspects of the financing of a $38 million biomass electricity generation facility, including $31 million of new markets tax credit financing ($31 million of State of Maine allocation and $7.5 million of federal allocation) and the syndication of renewable energy investment tax credits (ITC).
Represented a construction manager seeking payment for labor and materials (plus profit) provided to a luxury condominium developer, prior to termination. Required to prove that the termination was for convenience and then to prove damages, which was challenging due to the manner in which financial records were maintained. The developer offered nothing to settle until first day of hearings, when he offered slightly less than $1 million. Ultimately an award was issued providing for payment to construction manager of slightly more than $5 million, representing almost a 100% recovery plus interest.
Represented the developer of limited service hotel in dispute with construction manager, leading to construction manager’s termination of the contract, arguing material breaches by the developer. The matter went through mediation and then arbitration with award being issued in favor of developer for cover. The proceeding also involved peripheral disputes with various trades who had liens on the project.
Represented “parts and smarts” subcontractor in dispute with 2d tier subcontractor in construction of major retail shopping mall. The 2d tier subcontractor claimed $1 million plus in impact damages arising out of project acceleration and also claimed damages owing to alleged latent ambiguity in plans. Won an award finding no liability.
Pierce Atwood participated in Backyard Farms’ transition to the Mastronardi Family. As a wholly-owned affiliate of Mastronardi Produce, Ltd., Backyard Farms will continue to grow its operations and maintain its successful recipe for producing high-quality greenhouse-grown tomatoes while providing excellent employment opportunities for Mainers.
Pierce Atwood acted as lead lender’s counsel to Bank of New England in connection with a $30.9 million loan transaction for the construction a 107,000-square-foot cold storage facility at 40 West Commercial Street in Portland, Maine. We also provided construction and zoning advice.
Pierce Atwood represents a large national bank in an overdraft fee MDL pending in the District of South Carolina. During the course of the representation, we obtained dismissal of plaintiffs’ claims based on the bank’s past practice of ordering debits from high to low, and of usury claims based on the bank’s assessment of additional fees after a customer’s checking account continues to have a negative balance ten business days after the initial overdraft. In addition, we successfully opposed plaintiffs’ motion to certify a class seeking actual damages for alleged violation of the Electronic Funds Transfer Act.
We serve as outside general counsel to Bates College, providing advice to the Board of Trustees and Administration on issues relating to risk, Title IX compliance, student discipline, student accommodations, other academic and student affairs matters, employment, immigration, intellectual property, and other matters. We have also advised Bates on construction-related matters including contract review and resolution of claims.
