A. Robert Ruesch

A. Robert Ruesch: Attorney with Verrill Dana LLP
  • Partner at Verrill Dana LLP (129 Attorneys)
  • One Portland Square, P.O. Box 586, Portland, ME 04112-0586
    View A. Robert Ruesch's office location
  • Robert Ruesch is Chair of the firm's Litigation & Trial Department and Co-Chair of the Construction Law Group. Rob maintains an active practice in state and federal courts in Maine, Massachusetts and New Hampshire. Rob has expertise in complex contract, business, environmental and insurance disputes. Rob also focuses on construction, design and surety law where he counsels his clients through all aspects of the construction process, including contract negotiation, procurement, bid protests, claims management and avoidance as well as dispute resolution. Rob’s practice also includes personal injury and premises liability disputes.

    Rob excels at presenting complex claims and defenses in mediation, arbitration and court. He has achieved significant victories for his clients in each forum. Rob has also mediated and arbitrated in numerous contract, real estate and construction disputes. In addition to his accomplishments in the area of claims and disputes, Rob's construction practice also focuses on helping our clients avoid claims through effective contract strategies, risk allocation and negotiation.
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Biography

Robert Ruesch serves as Chair of Verrill Dana’s Construction Law Group. Rob maintains an active practice in state and federal courts throughout New England. Rob has particular skill in complex contract, business, environmental and insurance disputes. Rob also focuses on construction, design and surety law where he counsels his clients through all aspects of the construction process, including contract negotiation, procurement, bid protests, claims management and avoidance as well as dispute resolution.

Rob excels at presenting complex claims and defenses in mediation, arbitration and court. He has achieved significant victories for his clients in each forum. Rob has also mediated and arbitrated in numerous contract, real estate and construction disputes. In addition to his accomplishments in the area of claims and disputes, Rob’s construction practice also focuses on helping our clients avoid claims through effective contract strategies, risk allocation and negotiation. View a representative selection of Rob’s recent projects and cases on his Experience page.

Rob lives in Portland. In addition to his family time, Rob is an avid albeit mediocre runner and golfer. Rob has completed fifteen half-marathons and six marathons, including Maine (2004), New York (2005), Manchester City (2012) and Boston (2004, 2014 and 2015).

Honors

Recognized in Chambers USA: America’s Leading Lawyers for Business under
Litigation: General Commercial
Recognized by Best Lawyers as the 2018 Portland, Maine Construction Law
Lawyer of the Year
Recognized by Best Lawyers as the 2016 Portland, Maine Construction Law
Lawyer of the Year
Recognized by Best Lawyers as the 2012 Portland, Maine Litigation -
Construction Lawyer of the Year
Listed in The Best Lawyers in America under Commercial Litigation,
Construction Law, Litigation - Construction
Selected by peers for inclusion in New England Super Lawyersunder
Construction Litigation: Business, Professional Liability: Defense and
Business Litigation
Named a Local Litigation Star for Construction, Professional Liability, Real
Estate and Trade by Benchmark Litigation

Public Service

Member, Board of Directors, Portland Education Foundation
Member, St. Lawrence Arts Center

Highlights

Best Lawyers 2018 Portland, ME Construction Law Lawyer of the Year”
Ranked in Chambers USA: America’s Leading Lawyers for Business
Selected for inclusion in the 2017 issue of Super Lawyers & Rising Stars.
Local Litigation Star in the 2018 edition of Benchmark Litigation.
Selected for inclusion in The Best Lawyers in America 2019.

Experience

Breach of AIA Construction Contract and Waiver of Consequential Damages By Owner
Our client was the general contractor for construction of a new office, retail and parking facilities in southern New Hampshire. Following completion of the project, the owner withheld payment alleging lost rental income due to project delays. We asserted that the owner’s claim was factually unsupportable and at odds with the mutual waiver of consequential damages clause in the AIA contract documents signed by the parties at the outset of the project. The arbitrator agreed and awarded our client the full contract balance and interest.
Breach of Contract: Wrongful Termination
Successful prosecution of subcontractor’s breach of contract, wrongful termination and Maine Prompt Payment Act claims resulting in award of entire claim plus attorneys’ fees, enhanced interest and penalties.
Client Recovers on Claim On Differing Site Conditions Claim Involving Subsurface Contaminated Soils
We successfully resolved a substantial claim for our client, a large, Maine based site contractor, stemming from differing site conditions encountered on an aviation facility owned by project federal government.
Defense of Breach of Contract, Negligent Construction and Breach of Duty of Workmanship Claims
We successfully defended a large mechanical contractor in connection with lawsuit stemming from the comprehensive failure of the hydronic piping system in a resort hotel’s heating and cooling system.
Defense of Contractor - Davis-Bacon Prevailing Wage Claims
A former employee on an offshore marine construction project sought recovery of Davis Bacon prevailing wages for travel time to and from the job site and for land based construction support activities. The project at issue involved construction of new docking facilities for the United States Coast Guard at Boston Light on Little Brewster Island in Boston Harbor.
Defense of Environmental Contamination, Breach of Contract and Negligence Claims
Successful defense of a site contractor in construction defect and environmental claims in Federal court in New Hampshire related to alleged contamination of the project site due to discovery of previously undisclosed subsurface PCBs.
Engineering Malpractice
We asserted claims on behalf of a large private institution related to defective design and installation of a geothermal heating and cooling system in a high profile public building.
HVAC Contractor: Air Quality, Mechanical Construction and Design Defects
We successfully defended an HVAC contractor on claims asserted by a local school district claiming air quality problems, and mechanical construction and design defects following construction of a new high school building.
Insolvent General Contractor and Mechanic’s Lien Claims
Several cases of representation involving insolvent general contractors and mechanic’s lien claims.
Manufacturing and Construction Defects: Mold Contamination
We defended a modular home manufacturer in a case involving claims of significant personal injury and property damages arising from alleged manufacturing and construction defects and ensuing mold contamination.
Mold Contamination: Employee Claims of Sick Building Syndrome
We counseled a public university in connection with employee claims of sick building syndrome due to mold contamination.
Penobscot River Restoration Trust: Project Management
The Penobscot River Restoration Project is one of the largest and most creative river restoration projects in our nation’s history. Verrill Dana has partnered with the Trust and its member organizations to coordinate the complex and multi-disciplinary project, which has spanned over six years.
Project Owner Breached Contract by Attempting to Terminate Contractor
Our client, a general contractor, substantially completed exterior building renovations for a public institution. The project owner terminated the contractor and refused to make payment alleging defective work and delays.
Robert Ruesch: Real Estate & Construction Highlights
A sampling of Robert Ruesch’s representative real estate and construction projects, and real estate and construction mediation & arbitration matters.
Solar Energy: Acquisition of Grid-Scale Project in Brunswick, Maine
Verrill Dana represented Diversified Communications in the acquisition of a newly built 2.5 million solar array in Brunswick, Maine.
Surety Claims
On multiple occasions we have represented surety clients in connection with bonded construction projects where the bond principal has abandoned the construction project or been declared in default by the owners.
Verrill Dana Helps Methadone Clinic Win Local Approval in Sanford, Maine
Verrill Dana has a long history of helping methadone clinics in Maine, having helped permit the very first clinic in the mid-1990’s. In early 2011, a Massachusetts based provider of opiate addiction treatment services approached Verrill Dana for assistance in opening an outpatient Methadone treatment clinic in Sanford, Maine. On October 2nd, 2012, after more than 18 months of work, Verrill Dana succeeded in helping the client win approval from the Sanford Town Council to open a clinic.

News

February 26, 2018
Verrill Dana Attorneys “Recommended” for Litigation; Two Listed among Nation’s Top 250 Women in Litigation
Press Releases
Scott D. Anderson, Harold J. Friedman, Martha C. Gaythwaite, A. Robert Ruesch, Timothy R. Shannon, Frank J. Silvestri, Jr., Rachel M. Wertheimer, Karen Frink Wolf

December 5, 2016
Verrill Dana Attorneys Recognized in 2017 Benchmark Litigation
Press Releases
Scott D. Anderson, Martha C. Gaythwaite, A. Robert Ruesch, Timothy R. Shannon, Rachel M. Wertheimer, Karen Frink Wolf

November 18, 2015
Nine Verrill Dana Attorneys Recognized in 2016 Benchmark Litigation
Press Releases
Scott D. Anderson, Harold J. Friedman, Martha C. Gaythwaite, James G. Goggin, A. Robert Ruesch, Timothy R. Shannon, Frank J. Silvestri, Jr., Rachel M. Wertheimer, Karen Frink Wolf

November 8, 2014
Lisbon School System Ignores Low Bid in Gym Project, Bidder Threatens Court Action
Media Mentions
A. Robert Ruesch

November 4, 2014
Verrill Dana is Most Highly Recognized Firm in Maine in 2015 Benchmark Litigation
Press Releases
Scott D. Anderson, Charles P. Bacall, Harold J. Friedman, Martha C. Gaythwaite, James G. Goggin, A. Robert Ruesch, Timothy R. Shannon, Rachel M. Wertheimer, Karen Frink Wolf

August 20, 2012
Verrill Dana’s Beach to Beacon Team Hits the Road to Raise Money
Press Releases
Eric D. Altholz, Charles P. Bacall, Robert C. Brooks, Roger A. Clement, Jr., John P. Giffune, Kenneth F. Ginder, Jennifer L. Harrell, Nathaniel R. Hull, Gretchen A. Johnson, Lisa A. LaMarche, A. Robert Ruesch, Timothy R. Shannon, Rachel M. Wertheimer

October 6, 2011
Four Verrill Dana Attorneys Selected as Portland, ME Lawyers of the Year by Best Lawyers
Press Releases
Keith C. Jones, Gregory S. Fryer, Roger A. Clement, Jr., A. Robert Ruesch

Publications

May 24, 2018
PODCAST - Construction Law Series: Changes to American Institute of Architects Contract Documents
Published Works
John Giffune and A. Ruesch

May 24, 2017
AIA Issues Updated Construction and Design Contracts
Alerts and Newsletters
A. Ruesch

Spring 2017
Updated AIA Contract Documents; Subcontractor Loss of Productivity Claims
Alerts and Newsletters
A. Ruesch

November 1, 2016
Succession Planning with an Employee Stock Ownership Plan
Published Works
Eric Altholz and A. Ruesch

October 29, 2015
Owners’ Implied Warranty of Plans and Specifications in Construction Manager-At-Risk Contracts
Alerts and Newsletters
A. Ruesch

September 3, 2015
Deflategate Hearing Highlights Dangers of Arbitration Agreements
Alerts and Newsletters
John Giffune and A. Ruesch

May 29, 2014
What Do You Mean I’m Not Covered? Recent Court Decision Highlights Importance of Contractors Maintaining Pollution Coverage
Alerts and Newsletters
A. Ruesch

July 16, 2013
Construction Project Dispute Avoidance: An Ounce of Prevention is Worth a Pound of Cure
Alerts and Newsletters
John Giffune and A. Ruesch

July 16, 2013
New Hampshire Supreme Court Clarifies Contractor Entitlement to Unjust Enrichment Award
Alerts and Newsletters
John Giffune and A. Ruesch

February 15, 2013
“No Time Runs Against the King”: Connecticut Supreme Court Declares State’s Claims for Defective Design and Construction Are Not Barred by the Statute of Limitations
Alerts and Newsletters
A. Ruesch and John Giffune

February 15, 2013
Appeals Court Expands Liability of Condominium Developers
Alerts and Newsletters
A. Ruesch and John Giffune

August 4, 2011
Guide to State Procurement: A 50 State Primer on Purchasing Laws, Processes and Procedures
Published Works
A. Ruesch and Keith Glidden

May 17, 2010
Construction Group Alert: This Project Stinks - Construction Insurance Law Update on Business Risk Coverage Exclusions
Alerts and Newsletters

May 17, 2010
Construction Group Alert: Additional Insured Status on Construction Projects - A Primer On The Importance Of Primary Coverage
Alerts and Newsletters

April 13, 2010
Construction Group Alert: US EPA Regulations Applicable to Contractors Dealing With Lead Paint Go Into Effect On April 22, 2010
Alerts and Newsletters

April 7, 2010
Construction Group Alert: New Green Model Code for Commercial Buildings Is Published
Alerts and Newsletters

November 30, 2009
Construction Law Alert: New Laws Penalize Construction Firms For Misclassifying Workers As Independent Contractors
Alerts and Newsletters

May 29, 2009
Construction Law Group Alert: AIA Retires Key Contract Documents on May 31, 2009
Alerts and Newsletters

2001-2008
Robert Ruesch Publication List
Published Works
A. Ruesch

Events

November 29, 2017
Construction Law Seminar - Procurement Issues
Speaking Engagements
A. Robert Ruesch

September 7, 2017
How Will the New AIA Contract Documents Affect Your Next Project?
Speaking Engagements
John P. Giffune, A. Robert Ruesch

May 16, 2017
What’s the Bid Deal? A Primer on Bidding and Bid Protests
Speaking Engagements
John P. Giffune, A. Robert Ruesch

May 2, 2017
Construction Law 101: Working Smarter
Speaking Engagements
A. Robert Ruesch

April 20, 2017
ABA Forum on Construction Law 2017 Annual Meeting - The Legal Hold Letter? What’s the Big Deal?
Speaking Engagements
A. Robert Ruesch

April 14, 2017
Maine Construction Services Group Trust Annual Meeting - Do You Really Want to Sign That Contract?
Speaking Engagements
John P. Giffune, A. Robert Ruesch

May 11, 2016
Do You Really Want to Sign that Contract: Pitfalls in Construction Contracts and Subcontracts - Augusta, ME
Speaking Engagements
John P. Giffune, A. Robert Ruesch

April 27, 2016
Deposition Advocacy Program: ABA Forum on Construction Law - Nashville, TN
Speaking Engagements
A. Robert Ruesch

October 8, 2015
Technology is Making Things Better, Right? A Litigator’s Guide to Thriving in the Digital Age, ABA Forum on Construction Law - Austin, TX
Speaking Engagements
A. Robert Ruesch

October 23, 2014
Who to Hire and How Much to Pay?, 2014 New England Construction Forum - Portsmouth, NH
Speaking Engagements
A. Robert Ruesch

June 18, 2014
Contractual Risk Transfer for Additional Insured Status Including Year 2013 Amendments; Cross Insurance Construction Summit - Foxborough, MA
Speaking Engagements
A. Robert Ruesch

June 6, 2014
A Practical Guide to AIA Contracts - Portsmouth, ME
Speaking Engagements
John P. Giffune, Keith E. Glidden, A. Robert Ruesch

October 19, 2012
The Evolution of Complex Litigation: The Great Boston Molasses Flood of 1919: American Bar Association Fall Meeting: Forum on the Construction Industry - Boston, MA
Speaking Engagements
A. Robert Ruesch

March 1, 2012
Electronic Discovery Luncheon
Speaking Engagements
A. Robert Ruesch

November 16, 2011
Do You Really Want To Sign That Contract?; ARB Construction Forum - Portland, ME
Speaking Engagements
A. Robert Ruesch, John P. Giffune

October 21, 2010
Verrill Dana, LLP and Berry, Dunn, McNeil & Parker to Host Construction Seminar in BOSTON
Hosted Events

October 21, 2010
Verrill Dana, LLP and Berry, Dunn, McNeil & Parker to Host Construction Seminar in PORTLAND
Hosted Events

May 7, 2010
Verrill Dana and Berry, Dunn, McNeil & Parker to Host Construction Roundtable in BOSTON
Hosted Events

May 7, 2010
Verrill Dana and Berry, Dunn, McNeil & Parker to Host Construction Roundtable in PORTLAND
Hosted Events

Areas of Practice (6)

  • Alternative Dispute Resolution
  • Construction
  • International Trade & Transactions
  • Litigation & Trial
  • Professional Liability
  • Real Estate Title Litigation

Education & Credentials

Contact Information:
(207) 253-4610  Phone
(207) 253-4611  Fax
www.verrilldana.com/rruesch
University Attended:
University of Massachusetts, Amherst, B.A., Economics, cum laude, 1986
Law School Attended:
University of Maine School of Law, J.D., 1990
Year of First admission:
1990
Admission:
1991, U.S. District Court for the District of Massachusetts; 2006, U.S. District Court for the District of New Hampshire; 1994, Virgin Islands; 1990, U.S. District Court for the District of Maine; 1990, Maine; 2006, New Hampshire; 1990, Massachusetts
Memberships:

Memberships

Steering Committee, Division I (Litigation and Dispute Resolution), and Chair,
Distance Learning Subcommittee, SPEC Committee, ABA Forum on
Construction Law
Maine State and Cumberland County Bar Associations
Construction Financial Management Association
Associated General Contractors of Maine
American Bar Association Forum on Construction Law, and Fidelity and Surety
Law Practice Section

ISLN:
901941563

Peer Reviews

Client Reviews

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Disclaimer

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Documents by this lawyer on Martindale.com

Portland, Maine

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