Page 36 - BusinessWest August 4, 2021

LAW FIRMS
RANKED BY NUMBER OF LAWYERS
44 KC LAW
30 Court St., Suite 1, Westfield, MA 01085 (413) 251-1010; www.kctrialattorney.com
44 LEGAL SOLUTIONS IN PLAIN ENGLISH, P.C./KRISTI BODIN, ESQ. 150 Fearing St., Suite 23, Amherst, MA 01002
(413) 695-9848; www.kabesq.com
Personal injury; business and civil litigation; medical malpractice; business formation; claims of death benefits; consumer-protection claims; contractor disputes; insurance-agency malpractice; landlord/tenant matters; legal malpractice; unfair trade practices/93A
44 W. ROCKNE PALMER
48 East Silver St., Suite 1, Westfield, MA 01085 (413) 562-4166
Cooley Shrair
Continued from page 32
Business as Usual, Sort Of
For two firms that deal heavily with business clients — at a time when the business world has been rocked by COVID-19 — the past 18 months have gone surprisingly well, Peter noted.
“At least as far as my practice goes, there was very little change,” he said. “In fact, with the advent of Zoom and Microsoft Teams and everything else, it was probably easier because you could get different people online together quickly and have a discussion.”
David Shrair was stranded in Florida in March 2020 when the economy
first began to shut down — so his firm shipped him a computer and double- screen monitor.
“I closed one of my largest transac- tions in years from Florida; I did Plan- ning Board meetings from Florida,
Contractor
Continued from page 33
prudent contractors stick with fixed-fee contracts for projects subject to the law. That is unfortunate because cost- plus with GMP contracts can benefit homeowners and contractors alike.
Fixed-fee contracts pose risks for both sides. If the fixed fee is too high or the project runs under budget, the homeowner may overpay for the work. If the fixed fee is too low or the project runs over budget, the contractor may realize a loss. Current volatility in the labor market and in the cost of con- struction materials makes it difficult for contractors to estimate the cost of
Business law; liquor licenses; special permits; zoning and land use; civil litigation
Probate; personal injury; litigation; real estate; family law; divorce; criminal law
just like I was sitting in Springfield or wherever; it mattered not,” he recalled. “It’s interesting — with the shutdown and all the issues that went with it, most of our business clients continued very much along the same vein. They had their own internal problems, but the sales and acquisitions and all that still continued to go on. We have been extremely busy.”
After an initial slowing of work in the pipeline last spring, Halloran Sage’s team adjusted quickly to the pandemic as well, O’Connell said, and business has been strong from the second half of 2020 to the present. The transac- tional work has been more robust than litigation because court activity slowed to a crawl last year, but overall, busi- ness has been brisk, and the firm is on a growth trajectory.
“We’re always looking for new opportunities and ways to serve our clients. That includes having new attor-
projects, increasing the risk that a fixed fee will not accurately reflect the cost of the work. Cost-plus contracts pose risks as well, especially for homeown- ers. Homeowners pay only the contrac- tor’s costs plus a markup, but there is little protection against costs spiraling out of control.
With cost-plus with GMP con- tracts, the contractor’s compensation is directly tied to the cost of the work, making it less likely that one party
will suffer the consequences of a fixed fee that is too low or too high. Unlike ordinary cost-plus contracts, cost-plus with GMP contracts protect homeown- ers because they put a cap on total
neys come in with different specialties or outlooks or just to grow our bench and have more resources to grow our client base,” he went on. “We’re always looking to figure out how we can mod- ify our firm or business to better serve our clients. That’s what the current combination of Cooley Shrair and Hal- loran Sage is all about, and certainly where Halloran wants to continue to go, to make sure we’re staying ahead of the curve and in the best position to serve our clients.”
The broader geographic reach will also benefit the combined firm in attracting talent, as attorneys will be able to access opportunities across Connecticut as well as into Massachu- setts, and move around as their life cir- cumstances change, Peter Shrair said. And David noted that being part of a much larger organization broadens the partnership track, which can also be
a draw for young attorneys to settle in
compensation.
Some cost-plus with GMP contracts
include a ‘shared-savings’ provision, which can incentivize contractors to deliver projects under budget. With a shared-savings provision, if the project is completed for less than the guaran- teed maximum price, the homeowner and contractor split the savings accord- ing to agreed percentages. All these benefits are why cost-plus with GMP contracts are popular with commer- cial construction projects (which are exempt from the Home Improvement Contractor Law).
The legislature or OCABR should clarify through an amendment to the
this region.
But in the end, O’Connell said, what
the discussions really came down to was a perceived alignment in the firms’ client-first philosophies.
“We went through some internal discussions, not really to create a new philosophy, but to figure out a way to better articulate our firm’s philoso- phy, and we have determined that our firm’s philosophy is ‘client, firm, self,’
in that order,” he said. “In talking to the Cooley Shrair folks, we found there was a great alignment with how they deliver service, and our philosophies really align, so seemed like a natural fit when we pursued it.”
Peter Shrair agreed. “For 75-plus years, that has always been our mantra — our response time and our response to clients’ needs.” u
Joseph Bednar can be reached at [email protected]
statute or regulations, or through offi- cial guidance, that cost-plus with GMP contracts are permitted under the Home Improvement Contractor Law. The penalties are too severe — and the potential benefits too great — for the law to remain unclear on this type of contract. u
Ryan Barry is a partner at the law firm Bulkley Richardson, which has an office locally in Springfield, and Sean Buxton is a student at Western New England University School of Law and a summer associate at Bulkley Richardson.
36 AUGUST 4, 2021
LAW
NUMBER OF LAWYERS
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J.M. DISCENZA LAW, LLC
330 Whitney Ave., Suite 430, Holyoke, MA 01040 (413) 567-8411
THE LAW OFFICES OF H.W. PFABÉ
East Longmeadow, MA 01028
(413) 426-3896; wwwpfabelaw.com
MARTINELLI LAW LLC
1441 Main St., Suite 905, Springfield, MA 01103 (413) 317-7274; gmartinellilaw.com
LAW FIRM
1
1
1
1
1
1
Estate planning; estate settlement
AREAS OF PRACTICE / DESCRIPTION OF SERVICES
Intellectual property; patents; trademarks; copyright; trade secrets; non-disclosure agreements; medical devices; IP licensing; entertainment law; unfair competition
Corporate and real estate financing law and in-business transactions, i.e.,mergers and acquisitions
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