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We secured an arbitration award in excess of $5 million on behalf of a general contractor. The arbitration award was for a breach of contract/cumulative impact claim against the developer of a high end waterfront residential condominium project. The award exceeded the Guaranteed Maximum Price, as adjusted by change order.
Defended a residential owner against a claim brought by the general contractor following a renovation project of a historic, high-end residence. Represented the owner though a multi-week arbitration involving over 200 change order requests and an audit of the costs incurred for the guaranteed maximum price (GMP) contract.
Represented a construction manager seeking payment for labor and materials (plus profit) provided to a luxury condominium developer, prior to termination. Required to prove that the termination was for convenience and then to prove damages, which was challenging due to the manner in which financial records were maintained. The developer offered nothing to settle until first day of hearings, when he offered slightly less than $1 million. Ultimately an award was issued providing for payment to construction manager of slightly more than $5 million, representing almost a 100% recovery plus interest.
Represented the developer of limited service hotel in dispute with construction manager, leading to construction manager’s termination of the contract, arguing material breaches by the developer. The matter went through mediation and then arbitration with award being issued in favor of developer for cover. The proceeding also involved peripheral disputes with various trades who had liens on the project.
Represented “parts and smarts” subcontractor in dispute with 2d tier subcontractor in construction of major retail shopping mall. The 2d tier subcontractor claimed $1 million plus in impact damages arising out of project acceleration and also claimed damages owing to alleged latent ambiguity in plans. Won an award finding no liability.
Pierce Atwood has been working with Brown University to develop construction contracts for a number of capital projects using the innovative Integrated Project Delivery (IPD) approach to project delivery. Among the projects Brown has successfully completed using IPD is the new, $90 million School of Engineering building and renovations project. Brown is currently delivering several projects using IPD, including the much anticipated Performing Arts Center project. Brown University has taken a leading position in the New England region in recognizing the potential benefits of, and implementing, this new and exciting approach to project delivery.
Served as chair of arbitration panel addressing claims by public owner against Design Builder of waste-to-energy generating equipment. Following issuance of award against Design Builder, at the request of the Design Builder, successfully mediated a resolution in a follow-up dispute with its vendors/subcontractors and consultants.
Pierce Atwood attorneys represent developers of hotel projects. Our construction attorneys drafted and negotiated contracts with the architects using the AIA B101-2017 forms, with contractors using the AIA A101-2017 / A201-2017 forms, and with construction managers using AIA A133-2009 forms.
Negotiated a construction management contract on behalf of an owner of an animal hospital in Rhode Island. Used the AIA A133-2009 contract document and customized the contract to provide that the construction manager was performing design build services for the mechanical, electrical, and plumbing (MEP) scope of work. Post-completion, assisted the owner in remedial work required due to performance issues with the mechanical systems.