Scott K. Semple Esq.

Scott K. Semple Esq.

Partner
Location:
365 Boston Post Road, Suite 200
Sudbury, MA 01776
Phone:
(978) 451-6280
Fax:
(978) 443-7773
Email:

Scott Semple is a trial lawyer and advisor to participants in the New England real estate and construction industries. Scott helps clients identify and mitigate risk though negotiation and drafting of construction and real estate agreements. He counsels clients and coordinates with relevant government entities to ensure compliance with:

  • Public bidding and procurement statutes
  • DCAMM and MassDOT certification statutes and regulations
  • Davis-Bacon / prevailing wage statutes
  • Minimum wage and overtime statutes

When litigation is necessary, he represents clients in all phases of litigation before Massachusetts and Federal courts and agencies, from pre-litigation dispute resolution efforts through trial and appeal.

Scott approaches each engagement with the understanding that his clients value clear advice, and efficient, orderly achievement of business and legal objectives. When litigation is necessary, Scott brings a commitment to the relentless pursuit of success in each and every case.

REPRESENTATIVE ADVISORY / TRANSACTIONAL ENGAGEMENTS

Scott has negotiated numerous construction contracts and advised on many construction projects on behalf of project owners, general contractors, construction managers and subcontractors. Below are examples:

  • On behalf of Metro West Massachusetts facility owner, drafted and negotiated two-phased $5m+ stipulated sum construction contract for ground-up expansion of facility, ensured liquidated damages and indemnity provisions were enforced when subcontractors failed to perform and made claim for nonpayment by contractor. Settled disputed change orders favorably to owner upon completion of project.
  • Advised trustees of 7-unit Charlestown condominium on $1.3m reconstruction of condominium building after fire. Retained mid-project during dispute with general contractor, engaged owner’s project manager to manage and oversee project on-site and ensure timely performance on a going-forward basis;  Closed bridge financing;  Negotiated close-out and change orders with general contractor and subcontractors and ensured timely issuance of certificate of occupancy.
  • On behalf of general contractor, negotiated master services agreements with owners of four major supermarket chains and a large private university applicable to projects ranging from $20k to more than $4m.
  • On behalf of many commercial contractors, crafted suite of master subcontract documents tailored to size and type of typical projects.
  • On behalf of general contractor, negotiated $2.5m stipulated sum construction contract for renovation of Central Massachusetts retail plaza with heavy lender involvement and payments contingent on lender draws.
  • Advised general contractor on several $10m+ public housing construction projects in Boston, owned by nonprofit community development corporations, with oversight by the Massachusetts Department of Housing and Community Development. Negotiated subcontracts with all trades, advised on compliance with labor statutes and ordinances. Negotiated change orders and close-out of projects with owners.
  • On behalf of subcontractor, negotiated $14m subcontract for sitework at new public school in Central Massachusetts.
  • Advised general contractor with revenues of $40m+ in securing bonding; Negotiated language of General Agreement of Indemnity with surety to avoid exposing shareholders’ personal assets in the event of a loss.
  • Successfully advocated to Massachusetts executive branch officials resulting in policy changes concerning the process of administration and enforcement of the prevailing wage law on public construction projects.
  • Advised on and closed construction bridge loan and $10m permanent financing for North-Central Massachusetts facility owner.
  • On behalf of North-Central Massachusetts facility owner, successfully obtained dismissal of multiple lien claims and dissolution of the liens brought by subcontractors of failed design-builder on $10m+ ground up project, on grounds that no monies were due or to become due to design-builder at time liens were recorded.
  • Reached favorable resolution before trial in defense of structural engineer accused of professional malpractice in stamping plans that failed to meet code

REPRESENTATIVE LITIGATION ENGAGEMENTS

  • On behalf of owner of private parochial school in Boston, prosecuted suit against manufacturer of defectively-installed playground surface, resulting in manufacturer agreeing to replace the surface at no charge to the school after waging vigorous defense of school’s claim.
  • On behalf of demolition subcontractor, defended enforcement suit and negotiated favorable disposition of Department of Environmental Protection claims concerning the release of asbestos during construction, resulting in reduction of originally demanded penalty by eighty percent.
  • On behalf of specialty concrete supplier seeking payment from general contractor in face of product defect claims, obtained settlement including payment of 100% of principal debt, plus interest and legal fees at mediation following extensive discovery and motion practice.
  • Obtained favorable terms in resolution of trade-name infringement claim against contractor client's national competitor.
  • On behalf of utility contractor, obtained re-bidding of public utility project on grounds that water authority's specification unlawfully restricted competition in violation of M.G.L. c. 30, § 39M.
  • On behalf of roadbuilder, brought successful bid protest to the Massachusetts Attorney General, resulting in reversal of municipality’s rejection of roadbuilder’s low bid for a multi-year road reconstruction contract.
  • On behalf of majority shareholders in a nearly 50 year old family business, obtained favorable resolution of claims by minority shareholder at a figure more than approximately 75% less than amount demanded through three years of litigation.
  • On behalf of trade subcontractor performing significant public construction, and after two rounds of briefing and oral argument, successfully obtained injunction reversing the Massachusetts Attorney General's debarment of client.
  • On behalf of a trade subcontractor, briefed appeal resulting in reversal of Superior Court ruling that loss on multi-million dollar condominium project was subject to residential construction exclusion in the client's general liability policy.
  • Briefed several injunction requests resulting in Massachusetts Superior Court prohibiting the Massachusetts Division of Capital Asset Management from denying a trade contractor certification to bid on public contracts.
  • Defended general contractor in suit brought by judgement creditor to reach real estate formerly held by the general contractor. Succeeded in limiting the Plaintiff's claim on a motion for summary judgement.
  • On behalf of residential developer, obtained favorable resolution of home-buyer's construction defect claims after extensive discovery and after briefing and arguing motions to exclude critical evidence on the eve of trial.
  • On behalf of sub-subcontractor on public construction project, obtained favorable resolution of claims against defunct first-tier subcontractor and general contractor, securing payment from general contractor and first-tier subcontractor's surety at mediation.
  • On behalf of general contractor, successfully opposed bankrupt and defaulted subcontractor's motion for sanctions for alleged violation of the automatic stay. After extensive motion practice, obtained favorable resolution of subcontractor's claims.
  • On behalf of a general contractor on a $5,000,000.00+ federally funded public housing project, successfully defended against $200K+ claim brought by defaulted subcontractor.
  • On behalf of minority partner in self-performing subsidiary of large construction management company, obtained favorable settlement of claims against majority partners upon client's withdrawal from partnership.
  • Where client’s former driver-employee claimed that motor carrier act exemption to overtime statutes did not apply to drivers at client’s company, obtained favorable resolution, avoiding class certification and imposition of treble damages and attorney’s fees.
  • Managed 2-year Department of Labor investigation and litigated federal suit on behalf of retail client, resulting in resolution at a figure more than sixty-five percent less than original demand for back wages, liquidated damages, and civil money penalties.
  • Defended employer in prevailing wage and overtime class-action suit having approximately 100 claimants. After extensive discovery and defense of a motion for summary judgement, obtained a favorable pre-trial resolution at mediation.
  • Briefed successful petition for direct appellate review and the subsequent appeal to Massachusetts Supreme Judicial Court, obtaining review of agency procedures on behalf of client accused of employee misclassification.
  • On behalf of public contractor, briefed and argued motion for summary judgment resulting in dismissal of over $300,000.00 in Attorney General prevailing wage citations after securing favorable deposition testimony from head of the Massachusetts agency responsible for establishing prevailing wage rates and classifications.
  • On behalf of contractor that hired a competitor's business development employee, obtained dismissal of former employer's claims of breaches of non-compete agreement and duties of loyalty and confidentiality.

Bar Admissions

  • Massachusetts, 2008
  • District Court District of Massachusetts, 2011

Education

  • Boston College Law School
    • J.D. – 2008
  • Marist College
    • BA., Political Science magna cum laude- 2005
    • Varsity Rowing Letterman

Honors and Awards

  • Peer-voted Massachusetts Super Lawyers Rising Star 2016, 2017, 2018, as published in Boston Magazine

Professional Associations and Memberships

  • Construction Lawyers Society of America
    • Associate Fellow
  • American Bar Association
    • Member, Forum on Construction Law
  •  Associated Builders and Contractors of Massachusetts
    • Member, Government Relations Committee
  •  Boston Bar Association
  • Utility Contractors’ Association of New England
  • Marist College Pre-Law Advisory Board