Curran & Desharnais successfully defends contractor in million dollar lawsuit

Attorney Joseph Curran of Curran & Desharnais, P.C. recently resolved a lawsuit filed against a client who had performed certain plumbing and HVAC work at a large home renovation project in Newton, MA. Our client was hired to perform certain plumbing and HVAC work on the property after a previous contractor had experienced problems with the owner and was forced to walk off the job. Shortly after beginning his work, our client began experiencing problems of his own when the property owners refused to pay him for work completed and began making threats to take legal action against his company if he refused to perform additional work for the owners that was outside the scope of the parties’ contract.

Eventually, our client was forced to leave the project after being subjected to repeated threats of litigation and after not receiving full compensation for work compleconstructionted. To make matters worse, after our client had already received an inspection sign-off from city officials for work completed, the owners eventually attempted to sue our client claiming that they had sustained “extensive and catastrophic damages” to their home from frozen or burst pipes in excess of $1,200,000!

Through extensive pre-trial discovery spanning over two years, which included depositions of multiple witnesses and extensive document production, Attorney Curran was able to find evidence showing that to the extent there was any damage, it occurred before our client had ever entered the property. Attorney Curran was further able to show through documents and through witness testimony that there was no active water connection at the plaintiff/owners’ home during the time his client worked at the property in question.

In addition to other damaging evidence, Attorney Curran was able to locate e-mails written by the owner to third parties in which the owner expressed a desire to make damages to the property look “as high as possible,” and to keep “as much information as possible” from the defendant or any insurance carriers.

Approximately one week before trial was scheduled to begin, Attorney Curran filed several motions with the Superior Court in which he asked the court to rule on several key evidentiary questions. One of the motions was to prevent the owners from calling any expert witnesses at trial due to the fact that the plaintiffs/owners never properly disclosed their experts to the defense and based on the fact that the plaintiffs’ purported experts were simply not qualified to offer the testimony that plaintiffs intended. Additionally, by showing that the owners/plaintiffs had waited over fifteen (15) months before ever claiming such damages, Attorney Curran argued that the plaintiffs had spoliated certain key evidence by failing to provide any opportunity to inspect or document the alleged damage before it was repaired resulting in severe and unfair prejudice to the defendant.

After serving motions on opposing counsel, Plaintiffs’ counsel indicated that the owners’/plaintiffs no longer wished to proceed with a trial. Trial was scheduled to begin in April and last up to one full week with testimony expected from ten (10) different witnesses.

For Massachusetts construction contractors and property owners, protecting their investment in a building or remodeling project is an important concern, especially when disputes arise. The law office of Curran & Desharnais, P.C. in Weymouth provides representation for general contractors, subcontractors, individuals and property owners throughout Massachusetts in a variety of construction and contract law matters. Curran & Desharnais also handles general civil litigation including claims arising out of personal injuries such as car or motorcycle accidents and medical negligence.

We value all our clients. And while we’re a busy firm, we welcome all referrals. If you refer someone to us, we promise to answer their questions and provide them with first-rate, attentive service. And if you’ve already referred someone to our firm, thank you!

Call a Boston area litigation attorney today at the Law Office of Curran & Desharnais, P.C. at 781-331-3811 to discuss your next real estate transaction or to discuss a potential legal claim.  Curran & Desharnais, P.C. in Weymouth MA services clients throughout Massachusetts including Boston, Dorchester, Brookline, Milton, Quincy, Weymouth, Braintree, Hingham, Norwell, Rockland, Dedham, Norwood, Canton, Plymouth, Scituate, Cohasset, Pembroke, Hanover and else ware. 

 

 

 

Construction Contracts, Construction Law, Construction Site Accidents, Massachusetts Real Estate Law, Premises Liability, Real Estate, Real Estate Law, Uncategorized, Weymouth Construction Accident Lawyers

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