Image courtesy of Elkus Manfredi

The high-stakes legal dispute over who’s to blame for the failure of the 1000 Boylston luxury condominium tower has been working its way through the Massachusetts court system since 2019, generating nearly 377,000 evidentiary documents and 55 days of deposition testimony by 39 witnesses.

On Tuesday, attorneys indicated there’s been little progress on a potential settlement in the lawsuits between Suffolk Construction CEO John Fish and developer Weiner Ventures.

“We’ve had episodic conversations, none fruitful,” Fish’s attorney, Paul Popeo of Choate, Hall and Stewart, said after a Superior Court justice asked about the potential for a resolution of the case.

Fish sued Weiner Ventures in 2019 after the Boston developer announced the cancellation of the 440,000-square-foot air rights project that would have been built over the Massachusetts Turnpike in Back Bay. The joint venture already had invested over $83 million on soft costs related to the project, and ran into trouble obtaining construction financing after projected costs rose $35 million above original estimates.

Fish blames “gross mismanagement” by Weiner Ventures for delaying the completion of final architectural designs. Attorneys for Weiner Ventures say Fish failed to obtain crucial state permits to move the project forward.

The case also generated allegations of destroyed evidence after developers Stephen and Adam Weiner deleted emails and texts referring to the project.

At a scheduling conference Tuesday in Suffolk Superior Court, Justice Michael Ricciuti agreed with Weiner Ventures attorney Mark Tully’s proposal to submit summary judgment motions by Oct. 6, with response from the Fish team due Nov. 6.

That timeline would set the stage for a potential ruling on summary judgment by the end of 2023, or a jury trial in 2024.

Editor’s note: This report has been updated to correct the deadlines for summary judgment motions and responses.

Settlement Appears Unlikely in Fish Vs. Weiner Battle

by Steve Adams time to read: 1 min
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