Construction Litigation

LW&E regularly represents contractors and suppliers in the construction industry on all types of problems, including but not limited to, appropriate selection of business entity for conducting operations; review of contracts prior to execution; public bidding disputes; assistance in dispute resolution during projects by writing letters, making telephone calls and attending meetings; contract scope of work disputes in arbitration, mediation and courts; advice on non-union employment and personnel issues; payments disputes, including mechanic liens and bond claims; estate planning for key executives; acquisitions and mergers of entities, and orderly succession planning.

Some examples of work included the following: A government agency wrongfully disqualified the winning bid of a subcontractor to perform a $10,000,000 construction project in the Boston area. Once the general contract was awarded, under Massachusetts law, the subcontractor’s remedies would likely be limited to its bid preparation costs (which were minimal), rather than its lost profits on this large construction project. Lyne, Woodworth’s attorneys were able to quickly file suit and persuade a judge that no discovery or trial was necessary for the judge to rule in the subcontractor’s favor. After the judge issued an injunction preventing the award of the general contract, the subcontractor was quickly (and profitably) given a subcontract.

During construction of a prison, a portion of a recently installed underground steam line began leaking. The government ordered the contractor to tear up the damaged section of pipe and re-insulate it at considerable expense. The government further threatened to hold the contractor responsible for digging up and replacing the entire one mile long underground steam line. The contractor objected, asserting that it was not responsible. Lyne Woodworth attorneys filed suit, conducted discovery and not only defended the contractor from further responsibility, but obtained a three hundred thousand dollar ($300,000) reimbursement for having repaired the damaged section of pipe.