Public Construction Law

P&A represents numerous public owners, entities, insurers and insured parties in public construction litigation pending in courts and before arbitrators. We provide advice and representation at all stages of the construction process, and have abundant experience in construction litigation, including with respect to:

  • Contractual disputes arising from the bidding process
  • Claims alleging changed circumstances or scope of work
  • Claims in quantum meruit to recover contract balances
  • Claims seeking liquidated damages for delay
  • Claims for breach of contract arising from default by contractors
  • Defending insured parties such as architects, engineers, and other design professionals and contractors in cases advancing professional liability claims

P&A has served as counsel to public owners on projects relating to horizontal construction (public works) and vertical construction (public buildings). Our cases have ranged from legal issues related to the bankruptcy of a general contractor on a 60 million dollar high school renovation, resolution of multi-million dollar delay and damages claims arising from a large sewer treatment plant, design and delay claims in construction of a senior center, and legal claims arising from a public works dredging project essential to the delivery of a municipal water supply serving three communities. Our clients include large cities, towns and public agencies in this specialized area of practice.

Mr. Petrini is recognized as a statewide leader in the area of public construction law, and has spoken on dozens of occasions on issues relating to public construction law and litigation to the City Solicitors and Town Counsel Association, MCLE, Inc., the Massachusetts Municipal Association, and other trade and industry associations. Mr. Petrini also has been asked to comment on proposed public construction reform legislation, and drafted the design-build legislation eventually enacted as part of the Construction Reform Act of 2004. Mr. Petrini also has spoken at the national level on issues related to public construction and delay claims.

In addition to P&A’s public construction litigation and counseling, P&A provides malpractice defense to a variety of different categories of construction professionals, including architects, engineers and surveyors. As we do in representing public and municipal entities, in handling professional liability defenses we maintain a special emphasis on managing costs. We have successfully defended these claims in arbitration and mediation proceedings as well as in litigation.

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