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Fletcher Tilton Litigation Team Secures Substantial Real Estate Attachment Against General Contractor

Fletcher Tilton Litigation Team Secures Substantial Real Estate Attachment Against General Contractor

Featuring Michael E. Brangwynne and Alex M. Rodolakis on April 19, 2023

For Immediate Release

Fletcher Tilton Litigation Team Secures Substantial Real Estate Attachment Against General Contractor

Fletcher Tilton Attorneys, Michael Brangwynne and Alex Rodolakis, recently obtained a real estate attachment on behalf of homeowner clients against a residential contractor in the amount of $655,000. The plaintiff owners allege that they were misled by a Cape Cod based general contractor in connection with the new construction of a residence in Mashpee.  The owners assert that the contractor grossly exceeded agreed upon budget items and caused a number of building and zoning violations at the property resulting in a substantial delay in completion of the project.  The owners have further alleged that the contractor made material misrepresentations concerning the project status for many months and discouraged the homeowners from communicating directly with town officials, preventing the owners from obtaining critical information regarding the project.  

The firm’s litigation team, led by Attorney Brangwynne, prepared extensive pleadings and affidavits in support of obtaining a real estate attachment against the contractor, in his individual capacity, due to the overwhelming evidence of unfair and deceptive conduct.  After live oral argument, the Barnstable Superior Court (Buckley, J.) agreed, holding that the plaintiffs had “provided extensive support for claims of misrepresentation by [the defendant].”  The Court issued a real estate attachment against the contractor in his individual capacity in the full amount requested by the homeowners, totaling $655,000. 

Case caption: David Ayotte, et al. v. Thomas J. O’Neill, et al., Civil Action No. 2172CV00204 (Barnstable Superior Court).

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