Jonathan T. Elder

Jon Elder is a construction lawyer and litigator who regularly advises general contractors, construction managers, design-build contractors, subcontractors, owners, and developers on the full gamut of issues related to construction projects and disputes. His areas of focus include:

• Construction Law: In a career spanning nearly two decades, Jon has represented clients in both “vertical” and “horizontal” projects across a wide range of industry sectors including large-scale commercial and residential, water and sewer, heavy highway, healthcare, hotel/hospitality, and renewable energy.
• Procurement: Jon has expertise in public procurement and advises the firm’s many municipal and public clients in connection with major facilities projects from inception through closeout, efforts that often include preparing bid packages, negotiating contracts, handling bid protests, and resolving project claims and disputes.
• Litigation: Jon also has substantial experience in commercial (i.e., non-construction related) matters. He has litigated and counseled clients in connection with environmental cleanup cases, condominium, zoning, and land use disputes, airport/aviation matters, and actions arising out of financial and commercial transactions including breach of contract, tortious interference, and unfair business practice claims.

Jon applies a practical approach to avoiding and solving clients’ problems.  Where disputes are unavoidable, he has earned a reputation as a skilled advocate in mediations, arbitrations, and trials, where he has pursued and defended claims relating to design defects, delay (including lost productivity, interference, etc.), scope and payment disputes, and other issues.

Before joining Anderson & Kreiger in 2018, Jon was a Partner at a nationally-recognized construction practice at another Boston law firm, where he practiced for nearly ten years.

• Construction
• Environmental
• Litigation
• Public Law

Education

Boston University School of Law,  J.D., 2002
Articles Editor, Journal of Science and Technology
Law

Middlebury College, B.A., 1998, Honors

Admissions

Massachusetts

U.S. District Court, District of Massachusetts

New Hampshire

U.S. District Court, District of Connecticut

Massachusetts Super Lawyers Rising Stars, 2009-2014

Boston Chamber of Commerce Future Leaders, 2016

ABA Forum on Construction Law

Associated Builders and Contractors of Massachusetts

Associated General Contractors of Massachusetts,  Program Advisory Committee

Construction Financial Management Association of Massachusetts,  Board of Directors, Program Committee

Ipswich Education Foundation, Vice President

Ipswich Youth Lacrosse, Board Member

• Advised developer client in connection with construction of 60+ story residential tower, including issues involving structural impact on neighboring buildings.
• Draft and negotiate contracts, and advise a municipal client on all project-related matters for $300 Million school construction project.
• As lead counsel, defended general contractor against $5 million subcontractor claim for extra work related to design and installation of complex modular panelized exterior wall system. Obtained favorable settlement after mediation.
• Obtained arbitration award dismissing 100% of subcontractor’s claims against client for breach of contract arising out of allegedly unpaid extra work.
• After 10-day arbitration, obtained award granting liquidated damages to owner-client and limiting contractor’s recovery for delays to 10 percent of its claimed costs.
• Defeated summary judgment motion by state agency on behalf of contractor client, overcoming contractual “no damages for delay” clause and obtaining rare settlement to recoup client’s extended site conditions costs due to owner-caused delays.
• As lead counsel, defended general contractor against multimillion-dollar subcontractor claim for delay, lost productivity, and extra work involving construction/renovation of college library. Obtained nominal-sum settlement after mediation.
• Won dismissal of subcontractor claims against general contractor client stemming from allegations that client violated prequalification process for public college construction projects.
• Part of a team of attorneys that represented principal owner of wind farm operator in $20 million claim against design/build contractor for construction defects related to wind turbine foundation design; obtained favorable settlement after mediation.
• On behalf of large transportation company, won dismissal of bid protest litigation related to school busing contract, following successful motion to block portions of plaintiff’s requested discovery.
• Represented corporate stakeholder in dispute over contested purchase of ownership rights in closely-held LLC, negotiating favorable business outcome for all interested parties.

Publications

• Pay Now, Argue Later: Appeals Court Affirms Strict Interpretation of Prompt Pay Act, THE PUNCH LIST, June 22, 2022
• Owners Beware: Failure to Strictly Comply with Prompt Pay Act May Cost You, THE PUNCH LIST, January 22, 2021
• COVID-19 AND THE IMPACTS ON CONSTRUCTION PROJECTS: Force Majeure, Notice Obligations, the Right to Recovery, Keeping People and Places Safe, and More…., THE PUNCH LIST, March 25, 2020
• AG Clarifies Town’s Authority to Reject Low Bidder as Not “Responsible” Based on Outside Reference, THE PUNCH LIST, September 11, 2018
• California Public Utility Gets Hit with $45 Million Verdict for Delays to Power Plant Contractor, THE PUNCH LIST, June 14, 2018
• SJC Narrows “Strict Compliance” Rule for Construction Contracts, Finds Contractor’s False Payment Certifications Bar Recovery on Contract but Not Necessarily in Quantum Meruit, THE PUNCH LIST, June 14, 2018
• Authored articles and legal updates appearing in industry publications and firm newsletters, including Massachusetts Construction Compendium of Law (US Law Network, Inc., 2017 ed.) (with Robert T. Ferguson).

Speaking Engagements

• Panelist, "Current Trends in Surety & Risk Management," Boston Bar Association, April 4, 2022.
• Panelist, “The Claims Process: How to Avoid Losing Your Rights Without Getting Caught in the Middle," September 4, 2019.
• Panelist, "Playing It by the Book: Avoiding False Claims and Other Risks of Contracting with the Government," CFMA of Massachusetts, October 2016.
• Panelist, "Key Clauses in Construction Contracts, "AICPA National Conference on the Construction Industry, Las Vegas, NV, December 2013.
• Several presentations to construction industry groups in Massachusetts, including ABC, CFMA, and AGC.