Seth M. Pasakarnis

Representative Trials and Arbitrations

• Represented a general contractor concerning the construction of a major Rhode Island public bridge project. The 43-day bench trial between October 2019 and February 2020 followed 9 years of litigation, over 1,000 court filings, an interlocutory appeal to the Rhode Island Supreme Court, a bankruptcy filing, and over 800 pages of post-trial briefs.
• Represented a New Hampshire town concerning the design and operation of a disposal system for treated wastewater effluent. Following a 19 day jury trial in Federal Court, the jury found in favor of the town on all counts (including violation of the New Hampshire Consumer Protection Act) and awarded $6.8 million in damages.  Shortly after the verdict, the trial judge confirmed violations of the CPA, increased the damages to $7.6 million, doubled the damages as required by statute, and awarded attorneys’ fees.
• Represented a general contractor for a two week bench trial in the Massachusetts Superior Court Business Litigation Session concerning over $4 Million in cost overruns for a public design-build bridge project.
• Represented a national tunneling contractor in a one week arbitration in Rhode Island concerning over $1 Million in damages arising out of an excavation support system for the construction of a major underground water/sewer interceptor project.
• Represented a design firm wrongfully terminated during the construction of a public high school in Massachusetts. Following a 15 day jury trial, the jury found in favor of the design professional and awarded over $1.5 million in damages.
• Represented a project owner in a multi-week bench trial of an Adversary Proceeding in U.S. Bankruptcy Court seeking to avoid the discharge of over $1 Million in completion costs after the contractor abandoned the project and filed for bankruptcy. The trial resulted in successful appeals to the Bankruptcy Appellate Panel and the First Circuit Court of Appeals.
• Successfully defended the developer of a Newton, Massachusetts condominium project against a contractor’s extra work claims. Following a multi-day arbitration in Boston, the arbitrator denied the contractor’s claims in full and awarded damages to the developer.
• Successfully defended an engineering firm against malpractice claims arising out of the design and construction of a major Massachusetts highway. Following a 10 day bench trial in Massachusetts Superior Court, the judge found that the engineering firm did not breach the standard of care and was not responsible for any damages.

Representative Transactional Experience

• Seth has drafted and negotiated public and private construction contracts with a combined total value well over $1 Billion. He is experienced with industry forms, including the AIA and ConsensusDOCS forms, as well as public contract forms and “manuscripts” contracts.
• Seth frequently drafts specialized contract forms for clients, including traditional contracts and subcontracts, design-build contracts, integrated project delivery (IPD) and IPD-light contracts, and prefabrication and modular construction contracts.
• Seth advises clients on mechanic’s lien issues in Massachusetts and New Hampshire, including blanket lien bonds, target lien bonds, lien waivers, and other similar issues. He also advises clients on payment and performance bond claim issues.
• Seth routinely helps clients resolve “real-time” project disputes. He assists with contract review and the development and implementation of legal strategies. He assists client with notice letters, demand letters, and other time sensitive issues.

Representative Trainings

Seth frequently conducts in-person and virtual training sessions for construction firms, project executives, project managers, superintendents, and administrators. Recent training sessions include the following:

• Key Issues When Negotiating Contracts with Owners
• How to Negotiate Contracts with Subcontractors
• Your Form Subcontract: Administrative and Compliance Issues
• Keys to Preserving and Preparing Successful Claims
• Pitfalls and Protocols for Replacing A Subcontractor
• Practical Concerns and Considerations in Basic Construction Contract Law

Other Experience

Seth’s professional experience includes a focus on the efficient delivery of legal representation. He has prepared seminars and presentations on the following topics:

• How to Effectively and Efficiently Plan and Prosecute Litigation and Arbitration (Early Case Assessment and Legal Project Management Tools).
• Electronic Discovery: Strategies for the Efficient Preservation, Collection, Review, and Processing of Electronically Stored Information (ESI).

Work Experience

• Hinckley Allen
  • Partner (2018-Present)
  • Associate (2010-2017)
• Modern Continental Construction Company
  • Construction Surveyor and Field Engineer (2000-2003)

Honors & Awards

• Best Lawyers in America® (2023-2026)
  • Construction Law
  • Litigation — Construction
• Benchmark Litigation, Future Star (2025-2026)

Professional Affiliations

• Associated General Contractors of New Hampshire, Associate Director
• American Bar Association, Forum on the Construction Industry, Member
• Associated Builders and Contractors - NH/VT Chapter, Member
• Massachusetts Building Congress, Member
• New Hampshire Bar Association

Bar Memberships

• Massachusetts
• New Hampshire
• United States Court of Appeals for the First Circuit
• United States District Court for the District of Massachusetts
• United States District Court for the District of New Hampshire
• United States Bankruptcy Court for the District of Massachusetts
• United States Bankruptcy Court for the District of New Hampshire
• Vermont, Inactive