Fletcher Tilton’s attorneys represent numerous clients in connection with construction projects. This includes the negotiation of complex construction agreements using industry standard forms such as those provided by the American Institute of Architects (AIA), Design-Build Institute of America (DBIA), and ConsensusDocs construction agreements. Clients range from project owners, design-builders, general contractors to sub-contractors and suppliers. We advise our construction clients to work with counsel to properly draft and negotiate construction contract documents as a form of risk management and to avoid potential disputes during and after construction.

The firm also represents clients in a broad array of construction disputes, including construction defect, breach of contract, change order claims, project delay, termination and mechanic’s liens and bonds. Further, we maintain substantial experience handling litigation before the Massachusetts Land Court, including zoning appeals under Chapter 40A. In the event of claims proceeding to arbitration, mediation or state or federal court, our firm’s trial attorneys handle construction matters in formal litigation.

We have represented individuals, businesses, developers and financiers on all sides of construction and development disputes. Our vast knowledge of the construction industry and our decades-long relationships with developers, contractors and lending institutions allow the firm to provide effective representation during the entire lifecycle of a construction project.

Representative Matters:

  • We successfully won for our developer client a construction civil jury case in the Superior Court, proving the defendant builder had breached the contract, committed misrepresentation, and violated Chapter 93A.
  • We successfully won a Chapter 40A appeal in the Land Court on behalf of a regional developer for a project in excess of 150,000 square feet in Central Massachusetts.
  • We successfully represented a residential project owner in the Superior Court concerning a defective 40-foot tall retaining wall project.
  • Our litigation team routinely prepares and negotiates complex AIA Construction Documents for multi-million dollar commercial and institutional projects across Massachusetts.
  • We negotiated construction agreements for a century-old manufacturer along with all the construction agreements for a highly regarded institute of higher learning in Worcester, for a video production studio in Charlestown MA owned by a China-based media company, for several Massachusetts banks on Cape Cod, Auburn and elsewhere, and for major construction and development appurtenant to the new professional baseball stadium in Downtown Worcester.
  • Our firm obtained full relief for a local university in dispute over the improper installation of an artificial-turf athletic field on campus.
  • We represented a family of construction and property development companies faced with novel piercing-the-veil corporate claims. Our successful representation allowed our clients to preserve the most valued assets in their investment portfolio.
  • We negotiated a favorable settlement for a local contractor faced with litigation from the Department of Environmental Protection.
  • Our attorneys obtained a favorable jury verdict for a commercial property developer in dispute with a general contractor over the parties’ liability for payments made to settle prior litigation with a vendor to the project.