James B. Peloquin

Practice Areas

• Construction
• Mediation / Arbitration
• Business Litigation
• Complex Tort Defense
• Professional Liability
• Land Use / Real Estate Litigation
• Product Liability

Industries

• Construction
• Architects/Engineers

Education

• Boston College Law School, J.D. cum laude (1984)
• McGill University, B.A. with First Class Honors (1981)

Court Admissions

• Supreme Judicial Court
• United States District Court for the District of Massachusetts

Recognition

• Selected as Massachusetts Super Lawyer by Law & Politics and the publishers of Boston Magazine (2004 - 2018)
• The Best Lawyers in America © (2019 - 2020)

Representative Matters

• Construction
  • Achieved a six figure recovery for a local housing authority involving a defective building product claim. 
  • Awarded summary judgment in favor of a state agency facing a six figure extra work claim. 
  • For a general contractor, obtained a summary judgment dismissing claims by a public owner for contractual indemnification and additional insurance coverage.
  • Settled construction/design dispute for regional school district by achieving the complete/new reconstruction of the district’s deficient track and field area, which was the subject of the lawsuit, and helping the district to recover almost all of its litigation fees. 
  • In connection with a ten million dollar property damage claim, successfully obtained summary judgment in favor of the construction management firm responsible for an extensive renovation at the building where the property loss occurred.
  • Successfully defended a general contractor during a three week jury trial in Worcester Superior Court, where the plaintiff alleged damages from second and third degree burns over 40% of his body caused by a high pressure steam line rupture.
  • Represented a general contractor in Middlesex Superior Court and obtained a summary judgment on a contractual indemnity claim against a painting subcontractor on client's behalf. Ultimately, the matter settled with the painting subcontractor paying the entire settlement to the plaintiff, and reimbursing all of the general contractor's litigation fees and expenses.
  • For nearly two decades, Jim has acted as special counsel to numerous towns, cities, and agencies with respect to construction matters. This has included the preparation of bid and contract documents for over ten substantial public construction projects, and the arbitration on litigation of numerous public construction claims.
  • Represented a condominium association in a case involving claims of construction defect and misrepresentation. The case was tried to a jury verdict in Bristol County and the association was awarded the entirety of its damages, which were doubled under Chapter 93A, plus attorneys' fees and costs.
  • Represented one of the largest cities in Massachusetts in an action arising out of claims for defects and delays in the construction of an elementary school. He and the firm obtained summary judgment dismissing the contractor's counterclaims for several million dollars in change orders, cost overruns, delay damages, and lost profits.
  • Represented the owners/developers of a high rise condominium project outside of Boston, obtaining a seven figure settlement for the client after 25 days of arbitration, presenting claims that hundreds of windows were defectively designed, manufactured, and installed.
  • Represented a general contractor, through its insurer, in a high-profile wrongful death action involving three fatalities and numerous parties, the firm negotiated a mediated settlement in which the general contractor contributed less than 1% of the $24 million global settlement amount and recovered all of its defense costs from two indemnifying subcontractors. 

• Complex Tort Defense
  • Successfully defended an electrical subcontractor during a three-week jury trial in Suffolk Superior Court, where two plaintiffs alleged permanent and total disability arising from a construction site accident.
  • Won a jury-waived trial involving issues of liability under MGL Chapter 93 A and 176 D.
  • Obtained summary judgment in a closed head injury claim arising from a fall from gymnasium bleachers, arguing that the statute of repose barred any claim against the bleacher manufacturer.
  • Successfully defended an electronics manufacturer against a trucker's claim of defect in the configuration of a loading dock. The trucker was diabetic and ultimately lost his leg as the result of the incident. The case was tried to a jury verdict in Brockton Superior Court.
  • Obtained summary judgment in a wrongful death action against the property owner in a premises liability claim arising out of a loading dock accident in which a dock worker was killed.
  • Successfully tried to a jury verdict, in Suffolk Superior Court, a claim by a warehouse worker at Logan Airport who had lost his leg as the result of a crushing injury. The firm represented the manufacturer of the controls to the overhead doors at the warehouse.
  • Before a Middlesex Superior Court jury, Jim successfully defended a claim by a heavy equipment operator that permanent disability had resulted from his use of grading equipment that was defectively designed.
  • Successfully defended the distributor of a power miter saw in a product liability action. In Suffolk Superior Court, the jury returned a defense verdict for Jim’s client. (Against another defendant in the case, damages were assessed in excess of three million dollars.)

• Business Litigation
  • In a dispute with a private entity, achieved seven figure recovery for municipality to fund charitable organizations within the community.
  • Tried a majority/minority shareholder breach of fiduciary duty claim, jury waived, in Middlesex Superior Court. After five days of trial, the case settled favorably.
  • In Suffolk Superior Court, represented a small business owner who had sold a kitchen and bath company. The buyer defaulted under the purchase and sale agreement. The jury decided in the client's favor as to all claims and damages, including multiple damages under Chapter 93A, plus attorneys' fees.
  • Handled and resolved favorably a family minority shareholder breach of fiduciary claim. 

• Insurance Coverage Disputes
  • Obtained a declaratory judgment in favor of an insurance carrier in a claim arising out of premises liability allegations. The judgment turned in part on the contention that the insured had not been forthcoming at the time of application with respect to the scope of his intended business endeavors.
  • Obtained a summary judgment, in a suit by one insurer against another, establishing that the other insurer's coverage for the subject incident was primary, while his client's coverage was excess.
  • Sued on a contract providing for a lien waiver, and then negotiated a nuisance value settlement of the six figure lien amount. 

• Land Use / Real Estate Litigation
  • Represented the purchaser of commercial real estate with an environmental indemnity agreement, the firm and Jim persuaded the Massachusetts Appeals Court to reverse a lower court verdict based on improper instructions by the trial judge.
  • Litigated and favorably resolved a dispute over whether a broker's commission had been earned.
  • Litigated and negotiated numerous commercial lease disputes, some involving mechanics' liens. 

• Mediation / Arbitration
  • Acted as court appointed Special Master for discovery purposes in connection with $55 million construction dispute.
  • Regularly mediates and almost always resolves private disputes involving subject matter within Jim's areas of expertise. 
  • Appointed co-chair to Boston Bar Association Civil Litigation ADR Steering Committee. 

Professional Affiliation and Activities

• ADR Steering Committee of the Boston Bar Association Civil Litigation Section, Co-Chair
• Massachusetts Bar Association, Member
• International Association of Defense Counsel, Member
• Civil Litigation subsection of the Massachusetts Bar Association, Member
• Public Construction Law subsection of the Massachusetts Bar Association, Member
• Boston Bar Association, Member
• Real Estate/Construction Law subsection of the Boston Bar Association, Member
• Civil Litigation subsection of the Boston Bar Association, Member