After approximately 300 days of arbitration and several Suffolk Superior Court, Massachusetts Appeals Court and Supreme Judicial Court challenges, Joel obtained the largest arbitration award on a construction project against a public authority in New England history. Joel obtained a recovery totaling $183 million on behalf of the Joint Venture of Perini/Kiewit/Cashman on the Big Dig.
Represented the general contractor on the largest private contract in Massachusetts history, the $1.5 billion Encore Casino and successfully defended the general contractor against $30+ million of subcontractor claims.
Currently representing the Joint Venture in connection with claims against the MBTA on the largest single public works contract in the history of Massachusetts.
Represented the successful bidder against challenges by the second bidder in Suffolk Superior Court and the Massachusetts Appeals Court in Boston Harbor Commuter Services v. MBTA and Harbor Cruises, 46 Mass App. Ct. 122 (1999).
Represented the Joint Venture of Morrison/Knudson/Interbeton/J.F. White against the Massachusetts Highway Department in connection with claims for disruption, design defects, delays, and other impacts on a $226 million construction contract for the Ted Williams Tunnel in Boston Harbor.
Represented the Joint Venture of J.F. White, Slattery Skanska, and Perini on a $455 million contract involving claims for incomplete design, differing site conditions and errors and omissions in the contract documents, causing delays and cost impacts on a project involving one of the world’s first high speed underground interchanges including 8 underground lanes of highway at depths up to 115 feet.
Represented the Joint Venture of Slattery/Skanska/Interbeton/J.F. White/Perini in connection with a $397 million contract involving claims for equitable adjustment for delays, acceleration and design changes and defects on a project involving highway tunnels and the largest ground freezing project in history.
Represented the Joint Venture of M. DeMatteo Construction Company, Flatiron Structures and Interbeton on a $179 million project for claims for an equitable adjustment due to a slope failure caused by differing site conditions in connection with the construction 1250 foot cut and cover tunnel. Claims totaled in excess of $12 million.
Represented the general contractor in connection with arbitration claims against the Miami Science Museum in arbitration in connection with claims for the recovery of costs arising out of a termination for convenience.
Represented the general contractor in a Suffolk Superior Court action in connection with the massive historic renovation of the Suffolk County Courthouse, resulting in the recovery of $20 million in connection with a court action.
Successfully argued an appeal to the Supreme Judicial Court in Constance M. Sullivan v. Five Acres Realty Trust, et al, 487 Mass. 64 (2021) reversing a multimillion dollar jury award in its entirety on the grounds that Mass G.L. c. 93A was inapplicable to the transaction which formed the basis of the plaintiffs’ complaint and jury award.
Represented the plaintiff contractor in G4S Technology LLC v. Massachusetts Technology Park Corporation, 479 Mass. 721 (2018) before the Supreme Judicial Court resulting in the reversal of a 100 year old precedent under which a contractor forfeited all right to recover under quantum meruit monies otherwise due if the contractor intentionally deviates from the contract requirements. As a result of the reversal of the lower court’s decision, the plaintiff recovered the amounts due under the contract.
Represented the Intervenor, M.DeMatteo Construction Company in the appeal of a bid protest in J.F. White Contracting Co. v. Massachusetts Port Authority, 51 Mass. App. Ct. 811 (2001). The Appeals Court upheld an award of the contract to DeMatteo upholding its contention that the Massachusetts Port Authority was free to solicit alternative bids on the use of two differing types of concrete as long as it reserved the right to award the contract to the low bidder, on the alternative that it decided was in its best interest.
Represented M. DeMatteo Construction Company in connection with the appeal by United States Steel to the First Circuit U.S. Court of Appeals. Successfully established the right of DeMatteo to withhold all contract balances as a result of U.S. Steel’s abandonment of the project.
Represented a Chinese manufacturer of subway cars (the largest in the world) in defending the bid protests brought by Hyundai Rotem Company, Bombardier Transit Corporation and Kawasaki, protesting the award of a $550 million contract by the MBTA to the Chinese company. Successfully defeated requests for injunctive reliefs in actions brought in state and federal court.
Amicus Curiae Submissions to Appellate Court
Fordyce v. Town of Hanover, 457 Mass. 248 (2010)
Represented Construction Industries of Mass and Utility Contractors of New England in connection with a matter of first impression where the Supreme Judicial Court vacated the lower courts’ award of injunctive relief and held that the contractor’s misrepresentations to prequalification committee did not constitute “fraud” within meaning of competitive bidding statute because the committee did not rely on the misrepresentation to its detriment.
BloomSouth Flooring Corp. v. Boys’ & Girls’ Club of Taunton Inc., 440 Mass. 618 (2003)
Represented Associated General Constractors of Mass on appeal to Supreme Judicial Court.Subcontractors brought action against property owner to recover payment for unpaid balance on general contract at time general contractor abandoned project. The Supreme Judicial Court, affirming the courts below, held that subcontractors had no lien on the unpaid balance since it was not an amount due or to become due under the original contract.
Coghlin Elec. Contractors, Inc. v. Gilbane Bldg. Co., 472 Mass. 549 (2015)
Represented Associated General Contractors of Mass on appeal to Supreme Judicial Court. The Supreme Judicial Court, held that public owner of construction management at risk project gave implied warranty regarding designer’s plans and specifications; and contract did not expressly disclaim implied warranty..
Ng Bros. Const., Inc. v. Cranney, 436 Mass. 638 (2002)
Represented Associated General Contractors on appeal to Supreme Judicial Court relating to the general contractor’s complaint to enforce mechanic’s lien.
Tremont Tower Condo., LLC v. George B.H. Macomber Co., 436 Mass. 677 (2002)
Represented Associated General Contractors of Mass on appeal to Supreme Judicial Court. Property owner brought action to discharge general contractor’s notice of contract. The Supreme Judicial Court held that general contractor’s filing of notice voluntarily dissolving its lien after its first notice of contract was recorded did not preclude contractor from filing second notice of contract.
Tocci Bldg. Corp. v. IRIV Partners, LLC, 101 Mass. App. Ct. 133, review denied, 490 Mass. 1106 (2022)
Represented Construction Industries of Mass and Utility Contractors of New England on appeal to Appeals Court. Construction company filed suit against property owner for violation of Prompt Payment Act. Property owner appealed from a lower court finding of a violation of the Prompt Payment Act.
Admiral Ins. Co. v. Tocci Bldg. Corp., 594 F. Supp. 3d 201 (D. Mass. 2022)
Represented Associated General Contractors in connection with appeal to First Circuit Court of Appeals from decision of lower court that the alleged damage to project was not “property damage” covered by the policies and alleged defects did not arise out of an “occurrence” within meaning of the policies.
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