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Pasakarnis, Seth

Seth M. Pasakarnis

Partner

Seth’s practice is focused on all aspects of the construction industry. He has represented a wide range of construction industry participants, including general contractors, subcontractors, manufacturers, project owners, and design professionals.  He frequently advises clients on bidding issues, contract negotiation and drafting, payment issues, liens and bonds, litigation, arbitration, and dispute resolution.  His experience includes bench and jury trials concerning construction and professional liability claims.

Before becoming a construction lawyer, Seth earned a Bachelor’s Degree in Civil Engineering and a Master’s Degree in Geotechnical Engineering from Tufts University.  He gained significant work experience as a field engineer and construction surveyor with two major Boston contractors working on highly complex construction projects, including the Central Artery/Tunnel Project (“Big Dig”) and the Silver Line Tunnel Project in South Boston.

Experience

Trials and Arbitrations

Federal Court – Jury Trial

Seth was a member of the trial team representing a New Hampshire Town during a 19 day jury trial in Federal Court relating to the design and operation of a disposal system for treated wastewater effluent.  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.

Massachusetts State Court – Jury Trial

Seth was a member of the trial team that represented a design firm terminated during construction of a public high school in Massachusetts.  Following a 15 day jury trial, the jury found that the design firm was wrongfully terminated and awarded over $1.5 million in damages. The design firm was found not responsible for any damages on the Town’s counterclaim.

Arbitration

Seth successfully defended the developer of a condominium project against a contractor’s six figure claim for extra work.  The arbitrator denied the contractor’s claim in full and awarded $25,000 in damages to the developer.

Massachusetts State Court – Bench Trial

Seth successfully defended an engineer who designed a roadway reconstruction project against claims by the Commonwealth of Massachusetts and a contractor.  Following a 10 day bench trial, the judge found that the engineer was not responsible for any of the $350,000 in damages sought at trial.

Credentials

Work Experience

  • Hinckley Allen
    • Partner (2018-Present)
    • Associate (2010-2017)
  • Donovan Hatem LLP
    • Professional Practices and Environmental Law Groups
    • Associate (2007-2010)
  • Modern Continental Construction Company
    • Construction Surveyor and Field Engineer (2000-2003)

Professional Affiliations

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

Bar Memberships

  • Massachusetts
  • New Hampshire
  • United States Court of Appeals, First Circuit
  • United States District Court, Massachusetts
  • United States District Court, New Hampshire
  • Vermont

News & Insight

Publication

Protecting Yourself from Rising Material Costs

July 1, 2018

Current economic conditions and shifts in public policy by the Trump Administration concerning tariffs on imports have the potential to dramatically impact the prices of certain materials critically important to roadway construction projects, namely fuel, …

Firm News

Hinckley Allen Expands Partnership, Elevating Six Attorneys to Partner

January 12, 2018

Hinckley Allen today announced that the following attorneys have been elevated to Partner: John L. Arnold, Christopher V. Fenlon, David S. Hirsch, Seth M. Pasakarnis, Nathan R. Sabourin, and Michael J. Tentindo. These attorneys assumed their new positions …

Events

Past Event

Understanding Complex AIA Contract Provisions

October 31, 2014

This seminar is designed to help you better understand the complexities of AIA contract provisions. Learn how to avoid pitfalls such as delays, cost issues, payment disputes and more.