Jonathan T. Elder

Massachusetts

Anderson & Kreiger LLP
50 Milk Street
21st Floor
Boston, MA 02109

Tel: 617.621.6509

Email: jelder@andersonkreiger.com
Web: www.andersonkreiger.com

Jon Elder is a construction lawyer and litigator who regularly advises general contractors, construction managers, design-build contractors, subcontractors, owners, and developers on the full gamut of issues related to construction projects and disputes. His areas of focus include:

  • Construction Law: In a career spanning nearly two decades, Jon has represented clients in both “vertical” and “horizontal” projects across a wide range of industry sectors including large-scale commercial and residential, water and sewer, heavy highway, healthcare, hotel/hospitality, and renewable energy.
  • Procurement: Jon has expertise in public procurement and advises the firm’s many municipal and public clients in connection with major facilities projects from inception through closeout, efforts that often include preparing bid packages, negotiating contracts, handling bid protests, and resolving project claims and disputes.
  • Litigation: Jon also has substantial experience in commercial (i.e., non-construction related) matters. He has litigated and counseled clients in connection with environmental cleanup cases, condominium, zoning, and land use disputes, airport/aviation matters, and actions arising out of financial and commercial transactions including breach of contract, tortious interference, and unfair business practice claims.

Jon applies a practical approach to avoiding and solving clients’ problems.  Where disputes are unavoidable, he has earned a reputation as a skilled advocate in mediations, arbitrations, and trials, where he has pursued and defended claims relating to design defects, delay, scope and payment disputes, and other issues.

Before joining Anderson & Kreiger in 2018, Jon was a Partner at a nationally-recognized construction practice at another Boston law firm, where he practiced for nearly ten years.

Education
  • Boston University School of Law,  J.D., 2002
  • Middlebury College, B.A., 1998, Honors
Admissions
  • Massachusetts
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals, First Circuit
  • New Hampshire
  • U.S. District Court, District of Connecticut
  • Fellow, Construction Lawyers Society of America
  • The Best Lawyers in America©, Construction Law, 2023
  • The Best Lawyers in America©, Litigation – Construction, 2023
  • Massachusetts Super Lawyers Rising Stars, 2009-2014
  • Boston Chamber of Commerce Future Leaders, 2016
  • Advised developer client in connection with construction of 60+ story residential tower, including issues involving structural impact on neighboring buildings.
  • Draft and negotiate contracts, and advise a municipal client on all project-related matters for $300 Million school construction project.
  • As lead counsel, defended 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 100% 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 of college library. Obtained nominal-sum settlement after mediation.
  • Won dismissal of subcontractor claims 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.
Our clients seek our broad expertise on some of the largest, most complex projects and high-profile properties in the New England area.

We represent clients on a diverse range of projects in the energy, transportation, higher education, retail, office, biotech, and mixed-use industries. A&K’s experience in the public sector helps us provide vital assistance to municipalities on major building and infrastructure initiatives and private clients when interacting with the public sector on development projects.

From initial planning and procurement, to mid-stream dispute resolution, to project closeout, we provide the full suite of legal services needed to ensure our clients’ projects are completed successfully and efficiently.

Established in 1988, Anderson & Kreiger is a law firm headquartered in Boston, Massachusetts.

From high stakes litigation and complex transactions to public interest issues, Anderson & Kreiger
attorneys are committed to delivering skillful legal counsel to clients regionally and nationally.

A&K is home to experienced lawyers handling matters related to airports, construction, environmental law, insurance, internal investigations, commercial litigation, public law, real estate, and white-collar criminal defense and government enforcement actions.

Anderson & Kreiger caters to industries including healthcare, biotechnology, commercial service, retail, transportation, insurance, construction, real estate, and government.