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

Current Employment Position(s)

• Partner

Representative Cases

• Secured a rare preliminary injunction effectively reversing the Massachusetts Attorney General’s debarment of a trade subcontractor. In a separate action, successfully obtained an injunction reversing the Division of Capital Asset Management and Maintenance’s (DCAMM) decision to deny public bidding certification to the same trade contractor.
• Obtained complete dismissal of over $300,000 in Attorney General prevailing wage citations arising from alleged misclassification issues, after securing favorable testimony from the head of state agency charged with rate determinations.
• Successful appeal on behalf of a trade subcontractor, securing a full reversal of a Superior Court ruling that had incorrectly applied a residential construction exclusion to deny general liability coverage on a multi-million-dollar condominium conversion project.
• Successfully defended a Massachusetts employer in a 100-claimant class action alleging prevailing wage and overtime violations, forcing a favorable pre-trial resolution at mediation after extensive discovery and summary judgment defense.
• Represented general contractor on a complex adaptive reuse project plagued by casualty losses, owner funding failures, and delay claims, recovering all payments claimed due, securing full subcontractor insurance coverage for losses, and obtaining a complete release of payment and performance bond claims.
• Achieved a significant Superior Court recovery for a public-private partnership developer against a civil engineering firm for defective design.
• Represented a hotel owner against an abandoning general contractor, overcoming delay claims and securing credits for client losses to bring the project to closeout.
• Represented a heavy civil contractor in a multi-year investigation and multi-front litigation concerning alleged false claims and wage & hour noncompliance, ultimately securing dismissal of the actions.
• Defended a general contractor in adversary proceeding against defaulted subcontractor’s motion for automatic stay sanctions arising from assessment of credits and deductive change orders, subsequently obtaining a favorable resolution of all outstanding subcontractor claims.
• Represented a general contractor on a multi-residential project involving diverse government funding sources; successfully recovered disputed payments under the Prompt Payment Act, discharged all surety and GC liability, and extracted the client from a project plagued by nonpayment and lender intervention.
• Secured a favorable mediation resolution for a sub-subcontractor on a public project, extracting full payment from both the general contractor and the bankrupt first-tier subcontractor’s surety.
• Obtained a full dismissal of claims brought by a competitor against a contractor client for alleged breaches of non-compete agreements, duty of loyalty, and confidentiality after hiring the competitor’s former business development employee.
• Successfully challenged and obtained dismissal of Attorney General citations issued for alleged noncompliance with Massachusetts prevailing wage and earned sick time statutes on the grounds that the citations lacked statutory basis.

Bar Admissions

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

Other Affiliations

• Construction Lawyers Society of America (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