Description

Davagian Grillo & Semple LLP (“DGS”), a Massachusetts law firm, seeks a consultant and potential expert witness to furnish an opinion about the Massachusetts Department of Capital Asset Management and Maintenance's (“DCAMM's”) annual building contractor evaluation and certification system found at M.G.L. c. 149, § 44D and 810 C.M.R. 4.01 et seq., and the single-project evaluations that comprise a part of the overall evaluation system.

DGS’ client has brought a challenge to DCAMM's certification and evaluation system in parallel litigations ongoing in Federal Court and Massachusetts Superior Court, claiming that the evaluation system as implemented by DCAMM fails to afford applicants for certification due process of law and that the system fails to comply with the governing statute.  As part of the cases, DGS' client has asserted that the system as implemented by DCAMM places undue weight on single-project evaluations and unfairly or inappropriately utilizes certain automatic disqualifiers.

The scope of this engagement will entail review of: the statute and regulations comprising DCAMM’s contractor evaluation system; DCAMM’s standard contractor evaluation form; the single-project evaluations of DGS’ client; determinations made by DCAMM based upon its evaluation of DGS’ client, and; DCAMM’s statements furnished in the litigations concerning the evaluations system.  This engagement will also entail interfacing with the client and counsel, and furnishing an opinion concerning the efficacy, reliability and/or validity of the overall evaluation system and the single-project evaluation system, or elements of either. This engagement may entail serving as an expert witness in one or both of the litigations, including providing testimony at deposition and/or trial.  DGS intends to engage a consultant within forty-five days hereafter. A final report will not be needed before the expiration of 120 days after engagement.

Interested parties may contact Scott K. Semple, Esq. at sksemple@dgslawllp.com with rates and qualifications.