Construction Litigation

After a month-long jury trial, Nutter obtained a defense verdict for our client, a Boston-area building products manufacturer, that had been sued for negligence in connection with a fire in a luxury hotel in Rome, Italy. The plaintiff sought over $50 million in damages. The case turned upon multiple complex issues, including various failures in constructing the fire protection systems at the hotel. After a four-week trial in federal court, the jury found in favor of our client. 

Nutter acted as counsel to a Boston-area university in a suit against a contractor for negligence and other causes of action after a dormitory roof blew off in a storm. We obtained favorable rulings on liability in a bifurcated case, which led to the contractor settling on the damage claims.

Similarly, Nutter brought claims against contractors and designers for faulty work in constructing a new roof on a university library, resulting in full recovery of costs of repairing and replacing the roof.

Nutter obtained summary judgment on liability and a subsequent multimillion dollar award for our client, an engineering, procurement, construction, and project management company, against an engineering design and consulting firm and an environmental consultant for negligent design of a hazardous clean-up facility.

After a two-week long bench trial in the Massachusetts Superior Court Business Litigation Session, Nutter obtained a verdict for our client, the owners of a technology consulting firm, who were seeking the release of monies held in escrow after selling a company and its physical facilities in Cambridge, MA to a major defense contractor. That defense contractor claimed the cost of constructing the remedial clean-up facility was potentially in excess of $10 million and sought to retain our client’s funds. Nutter established that the costs were actually vastly lower, resulting in a judgment for release of the $10 million in escrow. The case resolved in a highly favorable outcome for our client before an appeal was taken.

Nutter defended a large retailer against a claim by a real estate developer for the cost of rebuilding the premises after a long lease. We obtained a complete denial of the claim after a three-week arbitration.

Nutter represented a large international paper manufacturer in a dispute over the valuation of a power plant at a paper mill at the conclusion of a leveraged lease. We obtained a favorable judgment from a federal court establishing the basis for valuing a power plant located inside a paper mill. We in turn invoked an appraisal procedure that led to a court ruling allowing our clients to purchase the turbine, which was a critical part of the mill’s infrastructure, at a fair and reasonable price at the conclusion of the lease.

Nutter obtained an advantageous settlement in favor of a condominium association as a result of litigation with a general contractor responsible for building a rainscreen “building envelope” for high-rise waterfront buildings. In the course of the litigation, Nutter obtained summary judgment for the owner, dismissing claims by the contractor for $10 million in extra costs and then litigated with the contractor over the remaining claims for defective construction through jury selection. The case was resolved favorably shortly before opening statements began.

Nutter defended an engineering, procurement, and construction (EPC) contractor, in which we established fault of subcontractor for major delay claims in laying fiber optic cable in Miami, FL, Denver, CO, and Atlanta, GA. 

Nutter lawyers served as Special Assistant Attorneys General representing the Commonwealth of Massachusetts in connection with all claims arising from construction defects from the alleged “sick building” status of the Ruggles Center, the former home of the Massachusetts Registry of Motor Vehicles. These matters involved extensive claims resulting from construction defects at the building in question, along with a $30 million claim against the Commonwealth for breach of its lease agreement. After several years of litigation, the matters were successfully resolved with a multimillion dollar payment to the Commonwealth.

Nutter defended the owner of a paper mill who was sued by a general contractor seeking reimbursement for delay claims arising from a technology-driven “rebuild” of a paper-making machine. After a two-week arbitration, we successfully obtained the denial of millions of dollars in claims.

Nutter served as lead counsel for a U.S.-based engineering, procurement, and construction (EPC) contractor that had entered into a joint venture with an international oil company to construct advanced power plants using new turbine technology. We obtained a dismissal of the claims brought by turbine manufacturers and plant owners, and established the basis for a multimillion dollar settlement.

Nutter represented the manufacturer of a large, custom-designed “standing seam metal roof” in claims arising from the collapse of the more than 10-acre roof after extreme winter weather. We obtained a complete denial of all claims against the manufacturer and an award for all repair and replacement costs.