Senior Counsel, HuschBlackwell, LLP
Public Construction & Capital Projects
Public construction in Massachusetts is a highly regulated industry. Success depends on compliance with a myriad of laws and regulations. Numerous government agencies have oversight on public projects and, when problems arise, contractors and owners need common sense counsel to avoid pitfalls, to prevent against costly and time-consuming litigation, and to protect the profitability of the contract. However, when disputes are not easily resolved and litigation is unavoidable, it is necessary to have the services of an experienced and tested litigator who can defend the client's interests in the most effective and cost-conscious manner.
Relevant Professional Experience
Richard Goldstein has represented Massachusetts public agencies and private contractors in a wide variety of construction disputes. As head of litigation for the MWRA during the heyday of the billion dollar Boston Harbor Project, he oversaw or personally litigated all claims and litigation matters, including hundreds of millions of dollars in claims lawsuits and all bid protests related to this massive public works project. In addition, he represented MWRA in dozens of claims and disputes related to water and wastewater systems including capital building projects, rate setting, enforcement issues, pipeline breaks, overflows, and other system issues. He also served as a Deputy on the Central Artery/Tunnel Project's Cost Recovery Team. As an Assistant Attorney General, represented the Commonwealth of Massachusetts in construction litigation.
In private practice, he advises private sector clients on construction disputes, including wage and hour investigations, subcontractor claims, design issues, and minority and disadvantaged business set-aside programs.
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Richard Goldstein will provide direct personal service; he does not delegate matters to associates. He does not overstaff cases and, through his experience and judgment, he gets results at the lowest possible cost to the client.
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Critical Successes
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Obtained multi-million dollar settlement for private contractor after public owner refused to pay for a change order caused by owner's defective specification and unforeseen site conditions.
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Persuaded the Attorney General to drop a prevailing wage investigation against a contractor.
Obtained a multi-million dollar judgment against a customer that refused to pay past due water and sewer charges.
Obtained a judgment upholding MWRA’s authority to determine water and sewer rates.
Resolved hundreds of contractor claims on the Boston Harbor Project at a fraction of the claimed amounts.
Successfully defended MWRA and the Commonwealth in dozens of public contracting bid protests.
Recovered hundreds of thousands of dollars from contractor that submitted a fraudulent bid.
Recovered millions of dollars for Massachusetts public agencies in cost recovery efforts against engineering and design firms on MWRA and MHD projects.