Construction Litigation

Fletcher Tilton’s attorneys represent numerous clients in connection with construction projects. This includes the negotiation of complex construction agreements using industry standard forms such as those provided by the American Institute of Architects (AIA), Design-Build Institute of America (DBIA), and ConsensusDocs construction agreements. Clients range from project owners, design-builders, general contractors to sub-contractors and suppliers. We advise our construction clients to work with counsel to properly draft and negotiate construction contract documents as a form of risk management and to avoid potential disputes during and after construction.

The firm also represents clients in a broad array of construction disputes, including construction defect, breach of contract, change order claims, project delay, termination and mechanic’s liens and bonds. In the event of claims proceeding to arbitration, mediation or state or federal court, our firm’s trial attorneys handle construction matters in formal litigation.

We have represented individuals, businesses, developers and financiers on all sides of construction disputes. Our vast knowledge of the construction industry and our decades-long relationships with developers, contractors and lending institutions allow the firm to provide effective representation during the entire lifecycle of a construction project.

Representative Matters:

• We successfully won for our client a construction litigation civil jury case in Middlesex Superior Court in 2019, proving the defendant had breached contract, committed misrepresentation, violated Chapter 93A.
• Our litigation team negotiated the AIA Construction Documents for a multi-million dollar commercial job in downtown Worcester.
• We negotiated construction agreements for a century-old manufacturer along with all the construction agreements for a highly regarded institute of higher learning in Worcester, for a video production studio in Charlestown MA owned by a China-based media company, and for several Massachusetts banks on Cape Cod, Auburn and elsewhere.
• Our firm obtained full relief for a local university in dispute over the improper installation of an artificial-turf athletic field on campus.
• We represented a family of construction and property development companies faced with novel piercing-the-veil corporate claims. Our successful representation allowed our clients to preserve the most valued assets in their investment portfolio.
• We negotiated a favorable settlement for a local contractor faced with litigation from the Department of Environmental Protection.
• Our attorneys obtained a favorable jury verdict for a commercial property developer in dispute with a general contractor over the parties’ liability for payments made to settle prior litigation with a vendor to the project.