James Peloquin

Practice Areas

Construction,

Litigation (Construction, Real Estate, Commercial, Injury, Professional Negligence)

Career

Jim has been a construction and trial lawyer for over 40 years.

For the past several years he’s expanded his practice to serve as a neutral mediator/arbitrator.

He currently chairs the firm’s construction and mediation/arbitration groups.

While a large portion of his work is in the construction arena, he also handles business disputes and tort or professional liability matters.

Professional Memberships

BOSTON BAR ASSOCIATION:

-Member

-Civil Litigation Section, ADR Steering Committee, Past Co-Chair

-Real Estate/Construction Law Section, Past Member

-Civil Litigation Section, Member

MASSACHUSETTS BAR ASSOCIATION

-Civil Litigation Section, Member

-Public Construction Law Section, Member

CONSTRUCTION LAWYERS SOCIETY OF AMERICA

-Member, Trial Law Institute

-Member, Diversity Law Institute

-Order of Equitas

Clients

• General and subcontractors for commercial, office, industrial, institutional, medical, municipal, and government construction projects.

• Project owners and developers for construction projects in all sectors

• Engineers and engineering consulting firms

• Architects and architectural design firms

• Suppliers/manufacturers of construction materials and equipment

• State agencies and municipalities

Work Highlights

CONSTRUCTION

Represented an international engineering company in a multi-million dollar claim that was dismissed prior to discovery because it was barred by the statute of repose.

Represented a Massachusetts state agency in charge of public construction for more than five years as defendant and counterclaimant in a lawsuit involving a terminated contractor on a $17MM project. While aspects of the case remain pending, thus far the client has been awarded over $14MM in damages, fees, and interest.

Represents a regional vocational high school in a complex legal matter involving a major facility upgrade that included a new roof. The project, completed in 2015, involved re-roofing five connected buildings, totaling approximately 240,000 square feet. The roofs leaked chronically and suit was brought against multiple parties. The case recently settled with a large cash payment and the installation of a membrane overlay on all of the roofs.

Represented the owner of a nine-building, 210+-unit apartment complex in Metrowest Boston, in a matter involving solar panel installations that caused roof leaks. The agreement with the solar panel company was structured as a lease, creating a landlord-tenant relationship. Suit was brought to “evict” the solar panels. Ultimate resolution included the removal of the panels and a large cash payment.

Represented an international engineering firm in a complicated legal matter involving a $10 million personal injury lawsuit. The case ultimately settled favorably on the eve of trial.

COMPLEX TORT DEFENSE

Represented and settled claims against an insurer in matters arising out of a $10 million excess verdict sustained by prior counsel.

Successfully defended an electrical subcontractor during a three-week jury trial in Suffolk Superior Court, where two plaintiffs alleged permanent and total disability arising from a construction site accident.

MEDIATION / ARBITRATION

Acted as court-appointed Special Master for discovery purposes in connection with $55 million construction dispute.

Settled dozens of cases with values ranging from five figures to well above $10MM.

Expert in these Jurisdictions

Massachusetts

Industry Sector Expertise

Commercial, office, industrial, institutional, medical, municipal, and government construction projects

Experience

The practice of law has changed over the past several decades. Earlier in his career, Jim had the good fortune to take dozens of cases to trial before a jury, compiling a stellar record of success. As fewer cases go to trial, in the past 10-15 years, while still representing his own stable of private clients, Jim has expanded his focus to become a neutral mediator/arbitrator, where he regularly facilitates case resolutions based on his years of prior experience.

Education

Awards