Overview

Overview

Peter is a trial attorney specializing in construction, surety, malpractice, commercial and bankruptcy cases. Peter has tried to verdict or decision 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, Peter has represented clients on numerous and diverse construction and 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 against claims by a general contractor under the federal law, successfully tried a real estate partnership dispute involving a $3 billion development and construction project, and prosecuted and defended claims arising out of failed or failing construction contractors and subcontractors. Peter has also represented contractors, subcontractors and developers on all aspects of commercial and multi-family residential projects. Peter has assisted both contractors and developers in commercial and multi-family construction projects valued at over $600 million located throughout New England, the Eastern Seaboard and in Florida.

A frequent lecturer, Peter has presented lectures on litigation, construction, bankruptcy and surety law to numerous organizations, including the Boston Society of Civil Engineers, the Engineering Societies of New England, Massachusetts Continuing Legal Education, 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, Halfmoon Education Inc., Thompson Reuters and the American Bankruptcy Institute.

Peter is also 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 has also presented lectures on construction law and litigation for Northeastern University and the University of Wisconsin.

Matters & Transactions

Representative Matters & Significant Transactions

  • Obtained a multi-million dollar jury verdict in a case involving claims for breach of the implied warranty of habitability, fraud, and unfair and deceptive acts and practices by the former owners of a large multi-million dollar residential property located in suburban Boston, Massachusetts
  • Successfully defended against a lawsuit by a $40 billion pharmaceutical company seeking to “pierce the corporate veil” of Peter’s clients and their principal stockholder to hold them liable for plaintiff’s claims
  • Successfully represented a plaintiff in a precedent setting land damage case against a large oil company in the U.S. District Court for the District of North Dakota
  • Obtained defense verdicts on behalf of corporate and individual defendants regarding claims for corporate veil-piercing and successor liability
  • Successfully represented the managing partner in partnership litigation in the Delaware Chancery Court involving a $3 billion real estate development and construction project
  • Has prosecuted delay, acceleration, lost productivity and construction defect claims throughout the United States ranging from $1 million to $350 million
  • Successfully 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
  • Successfully represented a client before the Chancery Court in Tennessee on a $3 million personal guaranty action brought by a bank and then successfully argued the case on appeal before the Supreme Court
  • Successfully represented a prominent Swiss watch manufacturer in claims for trademark infringement
Memberships & Activities

Memberships & Activities

Legal Memberships

  • American Bankruptcy Institute

Professional & Civic Activities

  • Fellow, Construction Lawyers Society of America
  • Planning Committee, Tina’s Wish, Boston Gathering
  • Former Member, Town of Dover Conservation Commission
  • Former Member, Board of Trustees, St. Thomas More School
Honors & Recognition

Honors & Recognition

  • Listed in Chambers and Partners USA: America’s Leading Lawyers for General Litigation
  • Selected for inclusion in Best Lawyers in America for Commercial Litigation
  • Selected for inclusion in Best Lawyers in America for Litigation – Construction
  • AV Martindale Hubbell Peer Rating
  • Best’s Directory of Recommended Attorneys
  • Certified as a Business Bankruptcy Lawyer by the American Board of Certification
  • Selected for inclusion in Massachusetts and New England Super Lawyers
Lectures & Seminars

Lectures & Seminars

  • “Law Firm Partner Roundtable” Thomson Reuters 23rd Annual Marketing Partner Forum
  • “Good Night, and Good Luck: Managing Rainmaker Succession Planning Across the Firm” Thomson Reuters 23rd Annual Marketing Partner Forum
  • “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 Reinvestment Act of 2009: Is it the Cure for What Ails the Construction Industry?”
  • “Construction Stimulus Still a Work in Progress?”

News, Events & Publications

Eleven Bernkopf Goodman LLP attorneys recognized as 2018 Massachusetts Super Lawyers and Rising Stars
Four Bernkopf Goodman LLP Attorneys Selected for Inclusion in 2019 Best Lawyers in America® New England Edition
Peter B. McGlynn and Robert W. Stetson Selected as Fellows in the Construction Lawyers Society of America
Peter B. McGlynn Ranked in 2018 Edition of Chambers USA
The American Institute of Architect’s Seventh Decennial Construction Documents Revisions and Their Potential Impact on the Construction Industry
Ten Bernkopf Goodman LLP attorneys recognized as 2017 Massachusetts Super Lawyers and Rising Stars
Client Alert: McGlynn Wins Large Piercing the Client Veil Case
Four Bernkopf Goodman LLP Attorneys Selected for Inclusion in 2018 Best Lawyers in America®
Peter B. McGlynn, Partner at Bernkopf Goodman LLP, Ranked in 2017 Edition of Chambers USA
Eleven Bernkopf Goodman LLP attorneys recognized as 2016 Massachusetts Super Lawyers and Rising Stars
Three Bernkopf Goodman LLP Attorneys Selected for Inclusion in 2017 Best Lawyers in America®
NAIOP News: Peter B. McGlynn, Partner at Bernkopf Goodman LLP, Ranked in 2016 Edition of Chambers USA, NAIOP
Peter B. McGlynn, Partner at Bernkopf Goodman LLP, Ranked in 2016 Edition of Chambers USA
Revision of Rule 68 settlement disallowed, Massachusetts Lawyers Weekly
The Fundamentals of Expert Witness Cross-Examination, Massachusetts Lawyers Weekly
Professional Recognition: Super Lawyers, Boston Business Journal
Peter McGlynn: Super Lawyers, Boston Business Journal
Ten Bernkopf Goodman LLP attorneys recognized as 2015 Massachusetts Super Lawyers and Rising Stars
Client Alert: Bernkopf Goodman LLP Attorneys Selected for Inclusion in 2016 Best Lawyers in America®
Bernkopf Goodman LLP Attorneys Selected for Inclusion in 2016 Best Lawyers in America®
Gaining The Upper Hand, Banker & Tradesman
‘Boy from Bahstan’ wins western land fracas, Massachusetts Lawyers Weekly
Six Bernkopf Goodman LLP attorneys selected for inclusion in 2014 Massachusetts Super Lawyers and Rising Stars Editions
Massachusetts’ new retainage law: Good neighbor or neighborhood bully?, New England Real Estate Journal
New Set Of Rules For Private Building Projects: Subcontractors Win Payment Battle
Three Bernkopf Goodman LLP attorneys selected for inclusion in 2015 Best Lawyers in America®
Construction Law Seminar
Client Alert: Contract Drafting – “No Damages for Delay” Clause, Bernkopf Goodman LLP
Bernkopf Goodman Announces 6 Lawyers Selected for Inclusion in 2013 Massachusetts Super Lawyers
Diminished expectations? Will construction and RE development continue to improve in 2014?, New England Real Estate Journal
Bernkopf Goodman LLP Announces 2014 Best Lawyers in America
2012 Risk Management Conference – Emerging Opportunities and a Return to Fundamentals
Bernkopf Goodman LLP attorneys selected for inclusion in 2013 Best Lawyers in America®
Business Bankruptcies Rise in First Quarter, Boston Business Journal
The Future of Union Employment in the Construction Industry, New England Real Estate Journal
2011 Risk Management Conference
Peter McGlynn Selected for Inclusion in 2012 Best Lawyers in America®
Diminished Expectations – Will Construction and Real Estate Development Improve in 2011?, New England Real Estate Journal
Shawmut Takes Aim at NY-Area Institutional Market, Boston Business Journal
Annual Risk Management Conference
Construction economic growth for 2010: Some sectors are bright, while others are lagging, New England Real Estate Journal
The devil’s in the details, Massachusetts Lawyers Weekly
Cambridge North Point Suit Ends Battle Between Developers, New England Real Estate Journal
Court Ruling Clears Way for Sale of Cambridge Development, Banker & Tradesman
Measuring the Stimulus, Banker & Tradesman
Spotlight on Bernkopf Goodman Partner, Peter B. McGlynn, Banker & Tradesman