Cases
Representative Matters: In representing a large-scale developer, Jay successfully argued to the court that an objection to development
related appeal should be dismissed based on the appellant's lack of st
ing. In this case of first impression, the court held that unlike a property owner, a lessor does not possess the requisite property interest to maintain a zoning appeal under Rhode Isl
's Zoning Act.
Jay successfully represented a condominium association
its board against claims of certain unit owners who sought a reduction in common interests
assessment. Based upon a complex series of amendments to the condominium declaration documents, the claimants sought reimbursement of a decade's worth of alleged overpayments. Prior to trial of the case, Jay was able to secure summary judgment in favor of his client based on a complex
comprehensive application of the State Condominium Act.
In a case where the very essence of property ownership was tested, Jay successfully represented a private club against claims that certain beachfront structures were owned,
not leased, by those who seasonably occupied the structures. The matter was tried
re-tried in the Rhode Isl
District
Superior Courts. The ultimate decision
order of the Superior Court in favor of Jay's client prevented the potential shifting of millions of dollars worth of real estate to the claimant lessors.
Jay successfully served as arbitration counsel to a plumbing subcontractor on a hotel project wherein it was claimed that hundreds of installed tubs were defective
/or below the specified grade. The matter hinged on several expert opinions as to the chemical makeup of the tubs as well as the grade of metal utilized. Via focused cross-examination of the claimant's expert, Jay was able to save his client the significant cost of replacement
related remodeling.
In a matter that was originally filed in the Rhode Isl
Superior Court, upon resolution of certain mechanics' lien claims, Jay was able to remove the case to the United States District Court for the District of Rhode Isl
. On behalf of his client, he petitioned the court to stay proceedings in order to compel the plaintiff to arbitrate its remaining claims in Ohio. Despite the clear arbitration
venue language in the contract, the plaintiff requested that the court apply a little-used Rhode Isl
statute, which operates in such a way as to make voidable any provision in a construction contract compelling a Rhode Isl
contractor to arbitrate in another state. Upon substantial briefing
argument, the federal court held that the State's statutory provision allowing for the unilateral voidability of arbitration provisions interferes with
is contrary to the Federal Arbitration Act. This was the first case to address Rhode Isl
's long-st
ing in-state construction contract arbitration provision
was named one of the Top 10 Most Important Opinions of 2012 by Rhode Isl
Lawyers Weekly.
Serves as construction counsel to local college with regard to multi-phase development
construction of new academic building(s). This representation includes development of architect, engineer, general contractor
commissioning contracts as well as in-project, critical path,
post-project owner representation.
When a local municipality's water source was threatened by a proposed development, Jay successfully argued that Rhode Isl
's Marketable Record Title Act extinguished the developer's deed. Thereafter, Jay prevailed in the Rhode Isl
Supreme Court, which upheld the judgment in favor of AP&S' client in this case of first impression.
In a case of catastrophic construction failure, Jay defended an architect/designer sued by both a project owner
general contractor after a partially constructed building collapsed during a wind storm, which was a loss for which the client was uninsured. Jay successfully asserted a common law indemnity argument resulting in each of the claims against his client being dismissed at the summary judgment stage.
Case Studies: AP&S Provides an Assist to FC Stars in Developing a State-of-the-Art Sports Complex
AP&S Guides Clients Through Successful Development of the Largest Solar Energy Project in the Region
