Jonathan T. Elder

Counsel

Tel. 617.621.6509

Jon focuses his practice primarily on construction law and litigation.  He has over a decade of experience representing general contractors, owners, businesses and individuals in a wide range of construction matters including claims related to design defects, delays, deficient and disputed work, public bidding and bid protests, and contract negotiation.  Jon also advises construction clients in connection with compliance-related issues on publicly-funded projects, including Disadvantaged Business Enterprise (DBE) compliance, False Claims Act violations, and other legal and regulatory matters related to state and federal contracting.

Jon’s litigation expertise extends into non-construction matters.  He has litigated and resolved environmental cleanup cases, condominium and land use disputes, and actions arising out of financial and commercial transactions.

Before joining Anderson & Kreiger, Jon was a Partner at a nationally-recognized construction practice of another Boston law firm, where he practiced for nearly ten years.  He has gained deep knowledge of the construction industry and the challenges routinely faced by his clients, including the increasing cost pressures that impact every project.  As a result, he approaches every case with an eye toward achieving the most practical and cost-effective solution, so that his clients are fairly treated and properly compensated, and the work gets done.

Honors

Super Lawyers Rising Stars, 2009-2014

Boston Chamber of Commerce Future Leaders, 2016

Affiliations

Associated General Contractors of Massachusetts:  Program Advisory Committee

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

Ipswich Education Foundation, Vice President

Associated Builders and Contractors of Massachusetts

ABA Forum on Construction Law

Admissions

Massachusetts

U.S. District Court, District of Massachusetts

New Hampshire

U.S. District Court, District of Connecticut

Education

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

Middlebury College, B.A., 1998, Honors

  • Lead counsel in defending 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 all 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 project of college library. Obtained nominal-sum settlement after mediation.
  • Won dismissal of claims by subcontractor 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.
  • "Playing It by the Book: Avoiding False Claims and Other Risks of Contracting with the Government," presented to CFMA of Massachusetts, October 2016.
  • "Key Clauses in Construction Contracts," presented to 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.
  • 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).

Jon lives in Ipswich, Massachusetts with his wife, Jodi, and three very energetic children.  When not practicing law or volunteering in community activities, Jon spends his free time with his family, watching his kids play sports, or attempting to relive his youth by playing them himself.  He and his family are avid beach-goers during New England’s two-month summer.