Peter McGlynn and Robert Stetson, partners of the Boston-based law firm Bernkopf Goodman LLP, and members of the firm's construction and surety practice group, have worked closely the past eight months with the Massachusetts construction industry due to the COVID-19 pandemic. Construction practitioners throughout the country have been tending to their clients' most immediate needs on such things as COVID-19 safety guideline compliance, negotiation of temporary or permanent contract time and contract price increases, and reducing the risk of potential liability resulting from COVID-19 exposure.
Now that the payroll continuity plan funding has expired as owners, contractors and subcontractors alike are now assaying the manifold impacts the pandemic has had to their bottom line. Many ask their counsel to ascertain what potential contractual rights and remedies they may have to mitigate their losses. During this presentation, Peter and Robert will present six contract provisions that deserve renewed focus in light of the COVID-19 pandemic. They will also provide an update on the surge of business interruption insurance litigation, especially key insurance contract provisions resulting from the COVID-19 pandemic.
Peter B. McGlynn
Bernkopf Goodman LLP
Peter is a trial attorney specializing in construction, surety, commercial, and bankruptcy cases. He is Chairman of Bernkopf Goodman’s Construction Practice Group and Bernkopf Goodman’s Bankruptcy and Creditors' Rights Practice Group.
Peter has tried to adjudication over 150 cases throughout the United States. Building on his experience representing general contractors, subcontractors, architects, engineers, lenders, sureties, and owners, among others, on a wide array of commercial, construction, surety, and bankruptcy disputes, Peter has developed in-depth knowledge of construction project management, construction and subcontractor contracts, and partner disputes.
Peter is a frequent lecturer on construction litigation, and surety law. He has presented to, among other organizations, the Boston Society of Civil Engineers, the Massachusetts Bar Association, the Engineering Societies of New England, Massachusetts Continuing Legal Education, the New England Law Institute, the Northeast Construction Expo., Wentworth Institute of Technology, University of Wisconsin, Northeastern University, the Construction SuperConference™, the National Academy of Forensic Engineers, the Associated General Contractors, ALI/ABA, Lorman Education Services, Halfmoon Education Inc., Thompson Reuters, and the American Bankruptcy Institute.
Peter is the founder of the New England Construction & Real Estate Risk Management Conference™, an annual conference focusing on effective ways to manage risk on construction and real estate development projects.
Peter is listed in Chambers and Partners USA as one of America's Leading Lawyers for General Litigation; in Best Lawyers of America for commercial litigation; and Bests Directory of Recommended Attorneys. He is a Fellow of the Construction Lawyers Society of America. Peter is also a mediator, having completed forty-hours of mediation training.
Robert W. Stetson
Bernkopf Goodman LLP
Bob, a partner in Bernkopf Goodman’s Litigation and Construction Practice Groups, combines hard work, preparation, and dedication to deliver cutting-edge legal services, representing clients in negotiations, disputes, and the courtroom.
Bob’s clients range from real estate developers, general contractors, and business owners to residential property owners.
A persuasive and successful trial lawyer, Bob also represents clients in preparing construction contracts of all sizes throughout the United States.
Bob captures the respect of judges and jurors alike. Following a hotly contested motion hearing in a complex construction dispute before an experienced judge – himself a former commercial litigator – commented that Bob’s performance was the “best” he’d ever seen, paving the way for a favorable settlement for his client, a successful developer and contractor.
A frequent lecturer addressing construction and contract issues, Bob has also authored articles that have appeared in construction industry and national publications.
Bob is a Fellow in the Construction Lawyers Society of America and a member of the Town of Easton, Massachusetts Planning and Zoning Board. He is a graduate of Trinity College and received his J.D., cum laude, from Suffolk University Law School.