Scott K. Semple Esq. - Lexington, MA

Overview

Awards and Honors

Super Lawyers® Selectees

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Scott K. Semple Esq. included in a Super Lawyers® list

Education

• Legal Education

  • Boston College Law School, Boston, Massachusetts, 2008
    J.D.

• Non Legal Education

  • Marist College, Poughkeepsie, New York, 2005
    B.A.
    Honors: magna cum laude
    Honors: Varsity Rowing Letterman
    Major: Political Science

Current Employment Position(s)

• Partner

Representative Cases

• 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.
• Defended employer in prevailing wage and overtime class-action suit having approximately 100 claimants. After extensive discovery and defense of a motion for summary judgment, 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.
• 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 judgment creditor to reach real estate formerly held by the general contractor. Succeeded in limiting the Plaintiff's claim on a motion for summary judgment.
• 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.
• On behalf of residential developer, obtained favorable resolution of homebuyer'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 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 highway contractor, caused awarding authority to reverse its arbitrary decision to reject client's low bid.
• 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.
• 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.
• Regularly work with trade associations to lobby state and municipal entities for passage of rules and regulations favorable to interests of public construction contractors.
• Obtained favorable terms in resolution of trade-name infringement claim against contractor client's national competitor.

Bar Admissions

• Massachusetts, 2008
• U.S. District Court District of Massachusetts, 2011

Other Affiliations

• 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