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Peter B. McGlynn

Partner

Peter McGlynn is the Managing Director of the Litigation Group at Bernkopf Goodman and is a trial attorney specializing in construction, surety, malpractice, commercial and bankruptcy cases. Mr. McGlynn has tried to verdict in excess of 150 cases throughout the United States representing general contractors, subcontractors, architects, engineers, lenders, sureties and owners, among others, on a wide array of commercial, construction, surety and bankruptcy disputes. In particular, Mr. McGlynn has represented clients on numerous and diverse construction-related disputes including litigation involving defects and project mismanagement arising out of the construction of a nuclear power plant, defending the officers and directors of a defunct subcontractor for claims by a general contractor arising under the federal RICO statute, banks, a real estate partnerships dispute involving a $3 billion development and construction project, and prosecuting and defending claims arising out of failed or failing construction contractors and subcontractors.

A frequent lecturer, Mr. McGlynn has presented lectures on litigation, construction, bankruptcy and surety law to numerous groups, including the Boston Society of Civil Engineers, the Engineering Societies of New England, Massachusetts Continuing Legal Education and New England Law Institute, the Northeast Construction Expo., the Construction SuperConference™, the National Academy of Forensic Engineers, the Associated General Contractors, ALI/ABA, Lorman Education Services, the American Bankruptcy Institute and the New England Construction & Real Estate Risk Management Conference™. Mr. McGlynn has also presented lectures on construction law and litigation for Northeastern University and the University of Wisconsin. Mr. McGlynn has also appeared on Sky Radio’s Business and Technology Report.

Representative Matters & Significant Transactions

  • Successfully represented the managing partner in partnership litigation involving a $3 billion real estate development and construction project
  • Has tried to verdict or judgment in excess of 150 cases in state, federal district and bankruptcy courts and arbitration proceedings throughout the country
  • Has prosecuted delay, acceleration, lost productivity and construction defect claims throughout the United States ranging from $1 million to $350 million
  • Has prosecuted a breach of contract action against a large utility company for construction of a co-generation electric power plant. Total recovery: $8.5 million
  • Successfully defended the principal of a construction subcontractor against a $6 million lawsuit brought by one of the largest national general contractors in the country for fraud, RICO, and for “piercing the corporate veil”
  • Successfully represented 19 Massachusetts municipal light departments in prosecuting claims against a large rural electric cooperative which had filed for bankruptcy. Following trial, the case was settled for approximately $25 million
  • Represented several Massachusetts municipal electric companies and claims against Public Service Company of New Hampshire following its bankruptcy filing arising out of delays on construction of the Seabrook Station Nuclear Power Plant
  • Successfully represented an individual before the Chancery Court in Tennessee on a $3 million personal guaranty action brought by a bank
  • Represented a prominent Swiss watch manufacturer in various claims for trademark infringement
  • Represented construction owners, general contractors, developers, subcontractors and sureties in approximately 15 states
Education
Suffolk University, J.D., 1975
University of Massachusetts, B.A., 1971

Bar Admissions
Massachusetts, 1976

Courts in which Admitted to Practice
Massachusetts Supreme Judicial Court, U.S. District Court for the Districts of Massachusetts and Connecticut, and U.S. Court of Appeals for the First, Second, Third and Federal Circuits.
Mr. McGlynn has been admitted as an attorney pro hac vice in numerous cases in Maine, New Hampshire, New York, New Jersey, Connecticut, Pennsylvania, Florida, Virginia, District of Columbia, Indiana, Texas, Tennessee, Rhode Island, Nevada, South Carolina, Mississippi and Illinois

Legal Memberships
Associated General Contractors of Massachusetts
Boston Bar Association
Massachusetts Bar Association, past chairman Public Contracts Committee
American Bar Association, past member Committee on the Model Procurement Code
Massachusetts Academy of Trial Lawyers

Recognition
AV Martindale Hubbell Peer Rating
Best's Directory of Recommended Attorneys
Selected for Inclusion in Massachusetts and New England Super Lawyers
Certified as a Business Bankruptcy Lawyer by the American Board of Certification
Included in Best Lawyers in America 2012-2013 for Litigation – Construction

Professional & Civic Activities
Member, Town of Dover Conservation Commission
Former Member, Board of Trustees, St. Thomas More School

Lectures & Seminars
“AIA Standard Form Construction Contracts.”
“Massachusetts Mechanic’s Lien and Bond Law.”
“AIA Contracts and Contract-Related Issues and Solutions for Troubled Construction Projects “Construction Changes”
“Terminations for Convenience in Construction Contracts”
“The Impact of Daubert v. Merrell Dow Pharmaceuticals, Inc. on Expert Witness Testimony”
“Liability of the Design Professional”
“Payments to General Contractors and Subcontractors”
“The Use of Real and Demonstrative Evidence in Lost Productivity Claims”
“The Difference Between Bonds and Insurance”
“Contract Negotiation and Drafting as Risk Minimizing Measures”
“Statutes of Limitations and Repose for Construction Work”
“Litigation with Sureties”
“ESI Discovery and Privilege Issues: The Bad, the Ugly and the Uglier”
“Bankruptcy Court: A Safe Haven Or a Final Resting Place?”
“Asset Protection Planning as a Risk Management Tool”
“Risk Allocation and Transfer Negotiating and Drafting Tips”
“The long road ahead for Detroit”
“The American Recovery and Reinvesment Act of 2009: Is it the cure for what ails the construction industry?”
“Construction Stimulus Still A Work In Progress?”