Mason Avrigian Jr.

Mason Avrigian, Jr. is a Principal and Co-Chair of the firm's Construction Practice Group and a member of the firm's Board of Directors. For over 30 years, he has represented owners, contractors, subcontractors, material producers, and other parties in construction matters and construction litigation in Southeastern Pennsylvania and New Jersey. He also handles general commercial litigation matters and real estate transactions and disputes. 

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Mr. Avrigian has handled a wide range of matters involving public and private construction projects and disputes. He serves both as counselor to a number of medium to large volume contractors and subcontractors ($10M to $200M annual volume) on various legal matters, including contracts, claims, disputes, labor/employment and business issues; and as litigation/claims counsel as needed. His areas of work include the following: 

• Construction Contracts. Drafting, review, and negotiation of general contracts, subcontracts, construction management agreements, material supply agreements, design-build agreements, architectural and engineering services agreements and related construction contracts.
• Bidding Disputes. Counsel and representation of contractors in the analysis of bidding issues and handling bidding disputes, including injunction actions relating to bid protests.
• Public Works Projects. Representation of contractors in negotiations and litigation with public owners involving highway construction projects, bridge construction projects, utility construction projects, railroad and transit projects, and related public works’ projects.
• Joint Ventures. Forming, organizing, and preparing contracts for joint ventures for public and private construction projects.
• Claims. Analysis, preparation, submission, and prosecution of contractor and subcontractor claims for delay, disruption, inefficiency, and acceleration damages. Extensive work with claims’ consultants and expert witnesses in claim preparation and submission. 
• Construction Defects Claims. Representation of owners, contractors, and subcontractors in claims relating to defective construction work on public, commercial and residential projects, including damages, remedial work, and remedies for breach of contractual duties and express and implied warranties. 
• Material Producers and Suppliers. Representation of concrete, asphalt, and other construction materials producers in disputes regarding payments, quality, and sufficiency of materials and related issues.
• Product and Equipment Claims. Representation of contractors and subcontractors in claims and disputes against manufacturers of equipment and products used on construction projects, including breach of contract and breach of warranty claims.
• Scope of Work Issues. Representation of parties in negotiation of scope of work and change order issues and related claims and disputes. 
• Mechanics’ Lien and Surety Bond Claims. Representation of owners, sureties, contractors, subcontractors, and material suppliers in the prosecution and defense of mechanics’ lien and surety bond claims. 
• Trials/Dispute Proceedings. Jury and bench trials in state and federal courts; practice and trials before the Pennsylvania Board of Claims; arbitrations before the American Arbitration Association and other arbitration tribunals; mediations. 

Mr. Avrigian has handled the following matters: 

• Lead counsel for Bilt-Rite Contractors, Inc. in the Pennsylvania Supreme Court decision in Bilt-Rite Contractors, Inc. v. The Architectural Studio, 866 A.2d 270 (2005) where the Court for the first time rejected contract privity requirements and adopted the cause of action of negligent misrepresentation for contractors against design professionals in Pennsylvania.
• Represented highway contractor in claims against Pennsylvania Department of Transportation for delay damages, extra work and contract balance and in defense of liquidated damages assessment arising from $100 million highway reconstruction project.  
• Represented utility subcontractor in claims against general contractor and New Jersey Department of Transportation arising from NJDOT bridge rehabilitation project.
• Represented national homebuilder in connection with homeowner claims and in prosecution of claims against subcontractors for defective work.
• Lead counsel for a contractor in claims against Port Authority for inefficiency and delay damages on bridge re-decking project arising from defective design.
• Lead counsel for a contractor in claims against Department of Transportation for additional compensation arising from the performance of overrun quantities of contaminated waste materials.
• Represented owner/developer of high-rise apartment building on the Delaware River in Philadelphia in scope of work and construction defect disputes with construction manager.
• Represented contractor in successful defense and settlement of multiple Occupational Health and Safety Administration claims on a construction project.
• Represented highway contractor in successful bid protest on $20.0 million Philadelphia International Airport project and secured award of contract for a client in the second phase of bid dispute.
• Represented highway contractor in successful value engineering claim against Pennsylvania Department of Transportation before the Pennsylvania Board of Claims. Recovery of 100% of contractor’s claim.
• Represented foundations subcontractor on a project involving foundations work (205 drilled concrete shafts) in a claim against a general contractor on new parking garage project in Newark, New Jersey. Successful recovery of arbitration award of contract balance and payment for extra work based on impacts to the work caused by geological conditions encountered.
• Represented highway contractor in successful breach of contract claim against Pennsylvania Department of Transportation before the Pennsylvania Board of Claims arising from emergency repair work on I-95 resulting from a severe fire that shut the roadway down.
• Represented electrical contractor in two federal court jury trials against product manufacturer to recover damages for defective connectors supplied for a public transit project in Philadelphia. Successfully recovered damages for contractor’s unabsorbed home office overhead under Eichleay.
• Represented concrete placement subcontractor in successful arbitration claims against a general contractor and concrete testing inspection company to recover damages for costs incurred to remove concrete installed on project based on failures in contractually-required testing to be provided by a general contractor and testing firm.
• Represented owner/developer of a large apartment project in Montgomery County, Pennsylvania against manufacturers of defective sprinkler heads. Successfully obtained favorable settlement while the jury was deliberating after a three-week trial.

• "The 2018 Steel and Aluminum Tariffs — Do Contractors Have Remedies?," The Legal Intelligencer's Construction Law Supplement (August 2018)
• “The Continued Erosion of Coverage Post-Indalex,” The Legal Intelligencer (August 11, 2015)
• “Expert Communications in the Wake of Barrick,” The Legal Intelligencer, (August 5, 2014)
• “Recent Developments in Pennsylvania Construction Damages,” The Legal Intelligencer (August 4, 2008)
• “To Arbitrate or Not to Arbitrate? That Continues to Be the Question,” The Legal Intelligencer (August 6, 2007)