Skip to Main Content

Professionals The Team Behind the Results

Pasakarnis_Seth

Seth M. Pasakarnis

Partner Boston, Manchester

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 many trials and arbitrations 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

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).

Credentials

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® (2023-2024)
    • Construction Law
    • Litigation - Construction

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

Newsroom

Publication

Massachusetts Appeals Court Upholds Strict Compliance with Prompt Pay Act

On June 24 the Appeals Court amended a critical sentence of recent IRIV v. Tocci decision, leaving open the possibility that failure to make payment on a requisition which has been “deemed approved” under the Prompt Pay Act results in the waiver of all…

Publication

Protecting Yourself from Rising Material Costs

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, …

Show More Publications
Firm News

Hinckley Allen Attorneys Named in Best Lawyers in America® 2024

A multitude of Hinckley Allen attorneys are recognized in their respective practice areas in Best Lawyers® 2024 edition of The Best Lawyers in America®. In addition, 11 Hinckley Allen attorneys were named in the “Lawyers of the Year” category, as wel…

Firm News

67 Hinckley Allen Attorneys Recognized by Best Lawyers in America® 2023

Hinckley Allen is pleased to announce that 67 attorneys are recognized in the 2023 edition of The Best Lawyers in America®, including 5 “Lawyers of the Year.” Best Lawyers® has also recognized 24 Hinckley Allen attorneys in their “Ones to Watch” …

Show More Firm News

Events

Past Event

WEBINAR: Modular Construction Trends

October 19, 2022

On behalf of the Boston Bar Association, Construction & Public Contracts Partner Seth M. Pasakarnis will speak about the use of prefabrication and modular construction in both public and private projects.Construction industry participants should be awa…

Past Event

WEBINAR: Modular Construction Contracts

February 23, 2022

In partnership with Strafford, Construction Partner Seth Pasakarnis will participate in a panel discussion to address the risks of modular construction and prefabrication.With the explosive use of prefabrication and modular construction, Construction indus…

Show More Events