Scott K. Semple Esq. - Sudbury, MA

Overview

Attorney Semple is a trial lawyer and advisor to the participants in the New England real estate and construction industries. Attorney Semple helps clients identify and mitigate risk through contract drafting, review, and revision. He counsels clients and coordinates with relevant government entities to ensure compliance with bidding and procurement regulations, DCAM and DOT certification, Davis-Bacon / prevailing wage, and minimum wage and overtime statutes. When litigation is necessary, he represents clients in all phases of litigation before State & Federal courts and agencies, from pre-litigation dispute resolution efforts through trial and appeal.

Attorney Semple has litigated numerous payment bond and mechanics' lien claims on behalf of subcontractors, suppliers, and general contractors, commonly securing fast and favorable recovery. When necessary, he has secured favorable resolutions after extensive discovery and motion practice.

Attorney Semple has successfully defended and resolved several employee class action suits and Attorney General citations on behalf of Massachusetts employers.

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

REPRESENTATIVE CASES

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. On behalf of highway contractor, caused awarding authority to reverse its arbitrary decision to reject client's low bid.

14. 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.

15. 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.

16. 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.

17. Regularly work with trade associations to lobby state and municipal entities for passage of rules and regulations favorable to interests of public construction contractors.

18. Obtained favorable terms in resolution of trade-name infringement claim against contractor client's national competitor.