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Mirick O'Connell Attorneys at Law |
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Education
JD, cum laude, Suffolk University Law School (2005)
Member, Suffolk University Law Review
BA, University of Vermont (1999) |
Bar and Court Admissions
Massachusetts
Rhode Island
U.S. District Court for Massachusetts
U.S. District Court for Rhode Island
U.S. District Court for Connecticut |
Professional/Community Affiliations
Associated Builders and Contractors, Inc.
American Bar Association, Forum on the Construction Industry
Defense Research Institute, Life, Health, Disability and ERISA Committee
Home Builders and Remodelers Association, Board of Directors
Massachusetts Bar Association Construction Law Committee
Rhode Island Bar Association
Rhode Island Federal Bench/Bar Committee
Town of Hopkinton, Capital Improvements Committee
Worcester County Bar Association |
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David L. Fine
Associate
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David is an associate in the firm's Litigation Group and is chair of the Construction Law Group. David serves as litigation counsel for contractors, subcontractors, suppliers and other business concerns within the construction industry. He regularly advises his clients on matters such as contract drafting and dispute resolution, surety bond claims, mechanics liens and bid protests. David works closely with a number of local and regional trade organizations, and he often lectures and writes about topics pertinent to the construction industry.
In addition to his construction law practice, David also represents insurance companies and employers in life, health, disability, and ERISA litigation in both state and federal courts.
Prior to joining Mirick O'Connell, David was an associate at Visconti, Boren and Campbell Ltd. in Providence, RI.
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Representative Matters
- Negotiated a successful resolution on behalf of a general contractor in a dispute with a hospital, architect and multiple subcontractors over delay and changed conditions in a multi-phased renovation and new construction hospital project
- Prosecuted mechanics lien action on behalf of site contractor who was owed contract balance and change order amounts on a private project in which the general contractor filed for bankruptcy protection
- Successfully represented former owners of sand and gravel and contract ready mix businesses in a dispute with the subsequent purchaser related to the receivable and warranty obligations contained in the sale documents
- Obtained judgment in favor of a residential homeowner in a private arbitration proceeding against a roofing and restoration contractor for defective roofing and siding installation
- Represented a general contractor on a Rhode Island public works project concerning renovation and build out of a college dormitory in a dispute with the owner and multiple subcontractors over payment and scope of work requirements
- Obtained an arbitration award in favor of a site contractor and against a municipality for changed conditions and delay claims stemming from construction of public recreational fields and facilities
- Represented regional steel contractor against claims that it breached a requirements lease agreement regarding crane rentals and other equipment
- Successfully defended a general contractor in a bid protest against allegations of impropriety in the pre-qualification process
- Represented a regional roofing company in a claim against a former employee regarding breach of fiduciary duty and appropriation of trade secrets in operating a competing side business
- Successfully represented multiple supply companies, including, among other, plumbing and mechanical, electrical and concrete, in collection actions against contractors
- Represented the interests of the pension, annuity, health and apprenticeship trust funds of a local trade union
- Represented a contractor defending a claim by the department of labor of failure to pay prevailing wages on a public works project
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Publications/Presentations
- "It's Miller (Act) Time," American Bar Association Forum on the Construction Industry, January 2013 (panelist)
- "Construction Risk Management," Gould Construction Institute, Associated Builders and Contractors, Inc., December 2012 (presenter)
- "Go Green or Go Home," Home Builders and Remodelers Association, Central Massachusetts Chapter, Fall 2012 Newsletter (author)
- "A Primer on Contract Formation and Terms," Home Builders and Remodelers Association, Central Massachusetts Chapter, Summer 2012 Newsletter (author)
- "Court Defines Reach of Mechanics Lien Law in Leasehold Context," Associated Builders and Contractors, Inc., Massachusetts Chapter, February 2012 Newsletter (author)
- "Notice of Possible Mechanic's Lien: An Easy Way to Forfeit Lien Rights," Internal Newsletter, March 2011 (author)
- "Bonding and Insurance for Emerging Contractors, Claims and Dispute Resolution," R.I. Contractors Development Program (2009, 2010)
- "Getting Paid in Difficult Times," In-House Client Seminar (2010)
- "Termination From Collective Bargaining Agreements," Internal Newsletter, Spring/Summer 2009 (author)
- "Employer Consent Regarding Use of Company Vehicle," Internal Newsletter, Spring/Summer 2008 (author)
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