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Harvey
B. Heafitz, Esq.
Born: Springfield, Massachusetts.
Education:
Northeastern University
Bachelor of Science 1968
Mechanical Engineering
Worked in the Aero Space Industry before attending
Suffolk University School of Law
Suffolk University School of Law
Juris Doctor 1973
Admissions:
Admitted in Massachusetts, December 1973
Admitted in Federal District Court of Massachusetts,
March 1975
Admitted in U. S. Court of Appeals for Federal Circuit,
May 1986
Practice:
1994 - Present
Senior Partner
Heafitz & Sullivan
Boston, Massachusetts
Contract and commercial litigation, focusing on construction
contract disputes representing General Contractors,
Subcontractors and Owners.
1984 - 1995
Senior Partner
Heafitz & Hopwood
Newton, Massachusetts
See above.
1978 - 1984
Owner
Harvey B. Heafitz & Associates
Newton, Massachusetts
See above.
1973 - 1978
Associate
R. Mardirosian & Associates
Watertown, Massachusetts
General Practice and Construction Litigation
Memberships:
Massachusetts Bar Association
Public Law Section, Committee on Construction
American Bar Association: Construction Law Forum
Construction Industries of Massachusetts (CIM)
Leventhal-Sidman Jewish Community Center
Newton, Massachusetts
Vice President 1996-2002, Board of Directors 1986-2002
Chairman, Men's Health Center 2008-present
Mr. Heafitz has been litigating contract cases through
trial, predominantly for general and subcontractors,
for thirty-five years in Federal and State Courts
of Massachusetts, as well as in Maine, New Hampshire,
Connecticut and Rhode Island. These cases have included
representation of large general contractors to small
individual trades people.
Mr. Heafitz has tried cases on changed conditions,
defects in project plans, issues on ambiguities in
specifications and issues of breach of contract by
owners, general contractors, subcontractors and architects.
Mr. Heafitz has also been instrumental in challenging
administrative action by the Commonwealth in public
construction. For example, Mr. Heafitz obtained an
injunction against the former Division of Capital
Planning and Operations (now know has the Division
of Capital Asset Management or DCAM) which ultimately
resulted in the re-drafting of procedures and regulations
applicable to the computation of contractor capacity
ratings under M.G.L. c. 149, §44D. In addition,
Mr. Heafitz successfully challenged DCPO's basis for
seeking contractor project evaluations under said
§44D, forcing DCPO to obtain evaluations on all
public building projects as required by Chapter 149,
§44D, instead of only on those project selected
by the Division.
Mr. Heafitz's Appellate Court decisions include several
cases of first impression, have established significant
landmark decisions for clients, and has redefined
the interpretation of various public construction
statutes. Please see the Firm's Case Law link above
for important decisions in which Mr. Heafitz has been
involved.
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