Practice/Industry Group Overview
The Real Estate and Construction Litigation practice at Edwards Wildman offers our clients a comprehensive range of legal services from an interdisciplinary team of attorneys. We represent public and private owners, developers, design professionals, general contractors, insurers, condominium associations, and manufacturers of building products in a wide range of matters, combining a sophisticated knowledge of all aspects of the law with the efficiency that comes from years of practical experience in the real estate and construction industries.
We have extensive experience in the legal aspects of the construction and real estate development process, including permitting, zoning, contract claims, construction and design defects, delay claims, bid protests and other procurement matters, contract interpretation and administration, mechanic’s liens, and surety bonding. We also have substantial experience with all other aspects of real estate litigation, disputes arising out of transactions or acquisitions, planning and zoning matters, permitting and regulatory issues, litigation concerning the validity of local ordinances affecting real estate, environmental issues, easements, adverse possession, title and eminent domain disputes, consumer and commercial lease disputes, brokerage disputes, condominium law, and valuation issues.
Through this breadth of experience, we can assist clients in resolving claims and disputes at the early stages, consistent with the clients’ needs and demands, and, when necessary, we are fully equipped with skilled trial attorneys to litigate claims through the trial and appeal process. We also represent our clients in all types of alternative dispute resolution processes, and can provide access to a network of highly capable experts and consultants to assist in the analysis, development and successful pursuit or defense of any claim.
- Represented a national construction company in its claim for additional payments attributable to unforeseen conditions and changes in its scope of work in the clean-up of a municipal sewer system.
- Represented a national manufacturer of building products in complex litigation involving hotels and private residences around New England.
- Obtained a favorable non-class based settlement of a putative class action pending in the United States District Court for the District of Rhode Island in which the plaintiffs asserted violations of the Real Estate Settlement Procedures Act.
- Represented a government authority in three related cases against claims in excess of $200 million that arose from the construction of a commuter rail system. We successfully settled all three cases.
- Ongoing representation of a condominium association at an 80-unit luxury waterfront condo development in a multimillion dollar construction defect case against the original developer.
- Represented national contractor and construction manager in the defense of a series of claims by contractors arising out of the construction of a high-rise condominium tower.
- Represented a luxury hotel in multiple lawsuits arising from construction-related damages caused to hotel.
- Obtained a mandatory injunction ordering a contractor to demolish a $2 million waterfront home that was mistakenly built on public park land owned by a charitable foundation.
- Represent major insurance companies with respect to a host of claims by insureds for coverage of damages claimed by third party private and public property owners arising from allegedly defective work on construction projects. Our insurance practice in this area includes litigation of issues arising under Owner Controlled Insurance Programs (“OCIPs”) and Contractor Controlled Insurance Programs (“CCIPs”), as well as with respect to commercial general liability, builder’s risk and excess liability insurance policies.
- Represent the owners and developers of a boutique hotel, restaurant and marina complex in Newport, Rhode Island against the hotel’s construction manager. The owners and developers have asserted delay claims, consequential damages claims, warranty claims and claims for breach of contract based on overbilling. Scheduled for trial in October, the case has already generated novel issues in Rhode Island construction law.
- Represented 10 homeowners in a high-end residential subdivision in a series of construction defect claims against the original developer.
- Represented an international construction company against claims arising out of the design and construction of a multimillion dollar water treatment plant.
- Defeated a request for preliminary injunction to stop bid for minority stake in Archstone, one of the largest investors, developers and operators of apartment communities in the United States.
- Ongoing representation of a top-five national lending and servicing institution in defense of various types of mortgage foreclosure lawsuits brought by borrowers in state and federal courts across New England.
- Represented a hospital system in response to ten subcontractor liens arising out of the general contractor going out of business and absconding with a substantial portion of the funds intended to pay the subcontractors. Successfully resolved the liens, including defeating a motion for preliminary injunction, without incurring any damages beyond the initial amount expected to be paid under the general contract.
- Represented a group of international banks in a large mechanic's lien case involving the construction of a power plant.
- Frequent representation of public and private owners in connection with numerous aspects of construction projects, including contract language, resolution of payment claims, mechanics’ liens, litigation and the like.
- Handled numerous Massachusetts Land Court actions involving zoning, subdivisions, trespass, rights of first refusal, easements and title matters.
- Successfully resolved FHA discrimination case brought against Manhattan high-rise by U.S. Attorney's office.
- Served as project counsel for the $700 million Boston Convention and Exhibition Center, the largest public sector project (and one of the largest projects of any type) in Massachusetts to use the construction manager at risk method of project delivery.
- Represented Genzyme Corporation in the multi-phased development of its Allston Landing site in Boston.
- Defended the real estate development subsidiary of a national construction company in a shareholder challenge to the structure of its incentive-based compensation program for executives initiating and developing real estate development projects.
- Represented, from the trial court level to a successful conclusion before the U.S. Supreme Court, a steel pickling company in a citizen’s suit brought under the Emergency Planning and Community Right-to-Know Act.
- Represented a municipality and park district in a citizen suit alleging that a trap range violated the Clean Water and Resource Conservation and Recovery Acts by shooting lead into a body of water without a permit.
- We represented the Puerto Rico Highway and Transportation Authority in all aspects of the innovative development of a new $2.3 billion rail mass transit system for the San Juan metropolitan area.