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The Massachusetts Attorney Other Attorneys Call to Litigate Commercial Disputes

An out of state general contractor completed a project in Massachusetts for a Massachusetts business. One of the general contractor’s subcontractors claimed that it was owed more than $80,000.00 and had filed a mechanic’s lien. The general contractor’s Florida attorney called me in anticipation of litigating the commercial disputes between the general contractor and its sub.

After reviewing the contract between the general contractor and subcontractors, I noticed that it had a forum selection clause obligating subcontractor to file suit in Florida, but I wasn’t taking any chances. Based on the forum selection clause I suggested that he immediately file suit in Florida to become the first party to file suit thereby creating a prior pending action defense. The Florida counsel followed my advice and filed suit in the Florida court before the subcontractor had the chance to file its suit. This gave my client a tactical procedural edge.

The subcontractor filed suit in Massachusetts to attempt to “enforce” its Lien and collect its “debt”. After I successfully convinced the Court to dissolve the subcontractor’s mechanic’s lien, there was no basis for maintaining the lawsuit in Massachusetts. I then filed a renewed Motion to Dismiss based on the forum selection clause and Mass. R. Civ. P. 12(b)(9) which allows dismissal when a prior lawsuit is pending. After receiving a copy of my Motion and persuasive legal arguments, the subcontractor’s counsel chose not to oppose my Motion and the Court dismissed the subcontractor’s complaint.

As a result of my tactics, the general contractor’s Florida counsel had the leverage to resolve the matter by paying a mere four figure nuisance settlement.

Attorneys know how important it is to choose a Massachusetts  Attorney with the right knowledge and experience to litigate their clients’ commercial disputes. They could refer their client to any attorney. Instead, they send their clients to me.

Call the Attorney to whom other attorneys refer their clients to litigate their clients’ Massachusetts commercial disputes — Alan M. Cohen at 508 620 6900 or email

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