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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.
As counsel to the Maine Principals’ Association, firm partner Meg LePage was the principal drafter of the MPA’s groundbreaking policy ensuring expanded opportunities for transgender student-athletes. This policy assures that Maine's transgendered high school athletes will receive equal opportunities to play on the school's sports teams.
Represented developer in expansion of existing mobile home park by approximately 80 lots in Kittery, Maine. The project required a successful appeal pursuant to the mobile home park statute, 30 M.R.S. § 4358, which restricts the authority of municipalities to establish overly restrictive zoning to preclude development or expansion of mobile home parks.
Representation of the Moody Point Community Association in negotiations with the Town of Newmarket, New Hampshire, over the extension of public water supply to serve Moody Point, a community of 101 homes on the shores of Great Bay. Moody Point currently operates its own private water supply.
Representation of Extreme Reach, Inc., the leading provider of video advertising management, delivery and measurement solutions across TV and digital media, in all-stock acquisition of Talent Partners, a Carlyle portfolio company.
We received two favorable appellate decisions on behalf of our developer client, Montrose School Park, LLC, in a series of cases challenging permits for a residential cluster development in Beverly, Massachusetts. Browne v. Conservation Commission of Beverly, 85 Mass. App. Ct. 1121 (2014) (unpublished) and Browne v. Planning Board of Beverly, 91 Mass. App. Ct. 1125 (2017) (unpublished).
We received a favorable trial decision from the Superior Court on behalf of our client, 246 Main Street Realty, LLC, holding that the plaintiffs failed to prove adverse possession of a portion of the parking lot for the client’s commercial building.
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.
We obtained a favorable ruling from Maine Revenue Services on the Maine sales and use tax consequences of a number of hypothetical transactions involving leased equipment in Maine.
Pierce Atwood obtained a favorable outcome for our clients at the First Circuit Court of Appeals in Penobscot Nation v. Mills, the case brought by the Penobscot Indian Nation asserting control over the use and water quality of the Penobscot River in Maine. On June 30, 2017, by a 2-1 vote, the First Circuit panel affirmed the Maine U.S. District Court’s ruling that the tribe’s claims are barred by the 1980 Maine Indian Claims Settlement Act. The First Circuit majority also rejected the tribe’s claim that the state has interfered with the tribe’s sustenance fishing rights. Pierce Atwood represents a coalition of municipal and private wastewater discharge licensees on the Penobscot River.
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.