We negotiated the contract between our client Brown University and Ecosystem, the contractor, for a Thermal Efficiency Project that Brown is undertaking. The plan involves converting the university’s existing high-temperature hot water system to modern, highly efficient, lower-temperature hot water.

Represented the owner of a new, state-of-the-art athletic facility in Massachusetts in the negotiation of a design-build contract.  Used the AIA A141-2014 Design Build Contract form as the basis of the agreement.  Assisted the client in the negotiation and execution of the Design-Build Amendment for the Project.

Represented a developer in Massachusetts who entered into a contract with a city to construct public and private improvements as part of a downtown revitalization project.  Utilized the ConsensusDocs 410 contract form for the contract between the developer and the city.  Used a multi-GMP Amendment process for the varying phases of the public and private work.  Drafted and negotiated the construction management agreement with the contractor using ConsensusDocs 500 form.  The project involved the use of modular construction building for the apartment complex.

Pierce Atwood successfully obtained the discharge of a mechanic’s lien asserted by a contractor on the basis that the retainage sought in the mechanic’s lien was performed beyond the statutory limitation period. 

John Bulman is currently sitting on a Dispute Review Board for a nuclear power plant construction project. Industry professionals are chosen to sit on Dispute Review Boards by the interested parties involved with a construction project for their experience, their independence, their commitment to the project, and their training as mediators and arbitrators. 

Pierce Atwood represented a developer in the negotiation of an Engineering, Procurement, and Construction (EPC) contract for a solar project.  Assisted with the drafting of negotiated performance liquidated damages and compensation limitations if the performance criteria is not achieved.

In a matter recognized by Rhode Island Lawyers Weekly as one of the most important opinions of 2012, we obtained a favorable order for a general contractor seeking to enforce an Ohio arbitration clause. The matter was of particular importance because it was the first time a court concluded that the Federal Arbitration Act preempted a Rhode Island statute that prohibits out-of-state arbitration in certain construction matters.

Obtained a favorable settlement for an owner of a spiritual retreat facility against its contractor and design professionals through a seven-party mediation following an incident that involved a burst sprinkler pipe, substantial property damage, and discovery of pervasive latent construction defects. Before the mediation, Pierce Atwood worked closely with the owner and the owner’s representatives to review the defective conditions and press for performance of the remedial work by the construction and design professionals.  Multiple demands on the contractor’s performance bond had to be made to ensure performance of the corrective and incomplete work.  Once the work was completed, Pierce Atwood represented the owner in the multi-party mediation that dealt with challenging issues involving construction defects with the fire protection system, reimbursement for additional costs due to the delayed project, complex insurance coverage issues (including with the owner’s property insurer), contract terms (waiver of subrogation, waiver of consequential damages), continuing warranty obligations, and the scope and finality of the release. At the end of the mediation process, the owner was paid for costs it incurred during the delayed project and it paid nothing against the claims submitted by its contractor and design professionals.

First Circuit Affirms Challenge to Local Ordinance Restricting Competition on City Projects: In a case of first impression, and on behalf of Merit Construction Alliance and its members, we successfully challenged the enforcement by the City of Quincy (Mass.) of the residency, apprenticeship and health and welfare benefits provisions of its so-called “Responsible Employer Ordinance” in the U.S. District Court for the District of Massachusetts. The First Circuit Court of Appeals affirmed the lower court's ruling, holding that the Responsible Employer Ordinance (REO) is unconstitutional under the Privileges and Immunities Clause of the U.S. Constitution, and is preempted by the federal Employee Retirement Income Security Act. The decision has wide-ranging implications, as there are some 20 or more municipalities in the Commonwealth with similar ordinances, which are now vulnerable because they are arguably unenforceable.

We represented a heavy civil construction company that performed a multi-bridge and highway project in Rhode Island.  We defended against a claim brought by the paving subcontractor in federal court.  With the assistance of our expert, we engaged in an informal alternative dispute resolution process with the opposing party and its counsel.  Following mediation sessions before the Magistrate Judge, we accomplished a satisfactory settlement on behalf of our client.

We represented a leading energy provider in mediation of approximately $150 million in related claims by two contractors arising out of a $1.55 billion transmission line construction project.  The claims arose from an allegation that environmental compliance on the project was overly restrictive, leading to both delay and significantly increased costs of compliance.  After two days of mediation per claim that included presentations by expert witnesses, we resolved the disputes for a fraction of the requested amount. 

John Bulman mediated a dispute over an interstate highway construction project between a state department of transportation (DOT) and a regional heavy contractor.