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Construction Law

In the construction business, every action has a domino effect. If trouble develops in one part of the job, the entire project suffers. A bid protest, a mechanic’s lien, a bond claim — any one of these can stop a project in its tracks, causing even more problems down the chain. As construction law attorneys, we understand how to achieve practical and efficient business solutions to these issues.

We regularly represent developers, lenders, architects, engineers, owners, municipalities, general contractors, and subcontractors in legal issues regarding construction projects throughout New England. Our construction law team can draft and negotiate construction contracts to help prevent disputes from arising. When disputes do arise, the construction law team has extensive experience prosecuting and defending disputes in state and federal courts, and in arbitration and mediation.

AREAS OF CONCENTRATION

  • Delay and extra work claims
  • Construction defect claims
  • Mechanic’s liens
  • Bid protests and other public procurement issues
  • Miller Act suits
  • Suretyship and bond claims
  • Real estate and development contracts
  • Commercial construction contracts, subcontracts, and supplier agreements
  • Residential contracts, subcontracts, and supplier agreements
  • Government contracts
  • General counsel services for contractors and subcontractors

REPRESENTATIVE MATTERS

  • Perkins Thompson successfully prosecuted a mechanic’s lien claim on behalf of a commercial contractor hired to construct a parking garage.  The developer paid our client the contract price – plus legal fees – within a month.
  • Perkins Thompson successfully obtained an arbitration decision in favor of our client, a residential contractor, when a homeowner refused to pay amounts owed under the parties’ contract. The home owner was ordered to pay the full amount owed plus an award of legal fees to our client.
  • Perkins Thompson successfully defended a regional commercial contractor from subcontractor payment claims and a mechanic’s lien claim. Perkins Thompson obtained a judgment in favor of our client (at trial) finding that no further payments were required, and then successfully defended the subcontractor’s subsequent appeal with Maine’s Supreme Judicial Court.
  • Perkins Thompson regularly drafts and reviews residential home construction contracts for compliance with Maine’s Home Construction Contract Act
  • Perkins Thompson regularly drafts and reviews commercial contracts, subcontracts, and supplier agreements

ATTORNEYS

John Hobson is the lead attorney of the construction law team. John has been recognized for his work in construction litigation by New England Super Lawyers since 2007 and by The Best Lawyers in America© since 2008.  He is the author of a number of legal publications on construction law, including:

  • The State of Maine section on lienlawonline.com;
  • The Maine State Construction Law Handbook;
  • The State Public Construction Law Source Book (CCH 2002); and,
  • Contributing Author, Inside the Minds: Construction Laws, Settlement and Negotiation, (Aspatore Books 2007).

John has also presented numerous seminars on Construction Law and Public Construction Contracts with Public Entities.

Joe Talbot, who is also on the construction law team, has been selected as a New England Super Lawyer Rising Star in Construction Law since 2016. Joe regularly represents a wide variety of clients in mediation, arbitration, and state and federal court, and is the author of Perkins Thompson’s construction law blog. Joe also drafts, revises, and negotiates construction contracts, subcontracts, and supplier agreements on both residential and commercial projects.

FEES

Perkins Thompson offers hourly billing arrangements as well as fee arrangements in certain instances, which may include flat fee or fixed fee services and/or project based billing.

Typical flat fee or fixed fee services include:

  • Drafting and recording lien certificates;
  • Drafting and reviewing contracts, subcontracts, and supplier agreements;
  • Drafting and reviewing settlement documents;
  • General counsel services;
  • Demand letters
  • Mediation and arbitration

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