We successfully defended our clients Turner Construction Company and Stryker Biotech in a case that settled important issues of contract and evidence law affecting New Hampshire litigants. In Axenics, Inc. v. Turner Construction Company the New Hampshire Supreme Court ruled in favor of our clients that (1) a subcontractor cannot bring an unjust enrichment claim against an owner who has paid the general contractor in full, and (2) internal memoranda, work product, or other materials created for the purpose of settlement cannot be used at trial as evidence of liability or damages, even if they are never conveyed to the other side. This hotly-contested case came to the Supreme Court on appeal of a $1 million-plus judgment for the plaintiff-subcontractor, after an eighteen-day bench trial before Merrimack County Superior Court and Business and Commercial Dispute Docket Judge Richard McNamara.

John Bulman mediated a P3 (public-private partnership) dispute relating to a transportation infrastructure project in the Western U.S.

Served as chair of a panel addressing the termination of construction manager on a major biophysics research building.  Beyond overseeing highly contentious proceedings, issued lengthy decision construing scope of section 4-61 of the Connecticut General Statutes, the Connecticut dispute resolution law pertaining to this public construction contract.  Decision was subject to judicial review and was affirmed.

On behalf of our client Iberdrola Energy Projects, Inc., we successfully negotiated a project labor agreement (PLA) with more than 24 trade unions for the construction of a $750 million combined-cycle gas turbine (CCGT) electric generating power plant in Salem, Massachusetts. This challenging project was made more complex by months of unanticipated delays relating to environmental permitting and financing issues. Nevertheless, construction commenced in April 2015, and when complete the new CCGT plan will supply electricity to more than 600,000 homes while lowering regional greenhouse gas emissions.

Reviewed and updated a general contractor’s standard form of subcontract, purchase order, and supply contract for its Rhode Island public works projects.

On behalf of trade associations representing merit shop (non-union) contractors, and some of their member companies, Pierce Atwood filed suit in Hampden County Superior Court to enjoin the imposition of a union-only Project Labor Agreement (PLA) on the construction of the West Parish Filters Water Treatment Plant, a $250 million project, by the Springfield (Mass.) Water and Sewer Commission. The local building trades council intervened in opposition to his motion. After oral argument, in a strong and clear decision, the Court granted the requested injunction preventing the Commission from imposing a PLA.

Pierce Atwood delivered a successful outcome to the regional sewer authority Narragansett Bay Commission (NBC) at an American Arbitration Association (AAA) construction arbitration relating to a claim that a differing site condition impacted the installation of a concrete drop shaft.  The 30-foot diameter drop shaft was 220 feet deep and connected to the NBC’s one-mile long retention tunnel designed to capture sewerage that historically flowed into Narragansett Bay during rain storms.  During the contractor’s grouting operations at an adjacent structure, the contractor’s drop shaft experienced a large amount of water intrusion (up to 250 gallons per minute).  The contractor spent $1.1 million to pump out the water and seal the concrete walls of its drop shaft.  Pierce Atwood attorneys John Bulman and Katie Kohm handled the defense and the hearings before the panel of three AAA arbitrators.  The arbitrators gave credence to Pierce Atwood’s main arguments, found that the contractor failed to carry its burden of proof, and dismissed the contractor’s claim in its entirety.

In a large public works project, we represented a joint venture road/bridge builder in mediation with a state DOT (and Federal Highway) in which DOT threatened to impose millions of dollars of liquidated damages. The matter was successfully settled over several days of mediation.

We defended a general contractor’s surety in a multimillion dollar case involving failed concrete panels in a water treatment plant in Vermont. The matter was resolved without trial.

Represented a steel fabrication supplier who fabricated and delivered two towers for a new structural steel lift bridge in Massachusetts.  Prosecuted and defended claims against the Design Builder of the public project during a three week trial on the Business Litigation Session of the Massachusetts Superior Court.