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William R. Moriarty

Practice Areas

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Story

William R. Moriarty devotes a significant part of his practice to commercial transactions, commercial lending, and real estate transactions for small and mid-sized businesses, and real estate and construction litigation in state court, arbitration, and federal bankruptcy court. He has litigated cases involving earnest money disputes in failed real estate sales agreements, mortgage foreclosure, lender’s rights, mechanic’s lien perfection and foreclosure, lien priority disputes, adverse possession, breach of real estate contracts, lease disputes, ejectment, appeals from planning and zoning decisions, and similar matters in Massachusetts and New York. Mr. Moriarty has been on the American Arbitration Association’s Commercial and Construction panel for over 20 years.

Mr. Moriarty has extensive bankruptcy experience representing secured and unsecured creditors, creditors’ committees, and commercial debtors. His practice has included workouts of distressed manufacturing, construction, and retail companies. Prior to coming to Massachusetts, Mr. Moriarty was associated with Bond, Schoeneck & King, Syracuse, New York, handling commercial real estate matters, including real-estate based commercial lending, title examination, zoning and planning, and construction law. Mr. Moriarty has particular knowledge of the Massachusetts and New York mechanic’s lien laws.

Mr. Moriarty has lectured for National Business Institute and the New York State Bar Association and is the former editor of the New York State Bar Association Construction and Surety Newsletter.

Education

• St. John’s University School of Law, J.D.

• Don Bosco College, B.A. summa cum laude

Admissions

• Massachusetts

• New York

• U.S. Courts of Appeal, First and Second Circuits

• U.S. District Courts for Massachusetts

• U.S. District Courts for the Southern, Eastern, Northern and Western Districts of New York

• U.S. District Court for the District of Arizona

• U.S. Claims Court

• U.S. Tax Court

Professional/Community

• American Arbitration Association’s Commercial and Construction Panel (1990 – present)

• Boston Bar Association, Member

• Marblehead Zoning Board of Appeals (2003—present), Chair

Awards/Honors

• Martindale-Hubbell AV Preeminent Rating, highest possible rating

Representative Experience

• Reorganized 40-plus-store shopping center in upstate New York

• Chaired the creditors’ committee for an airline bankruptcy

• Perfected mechanic’s liens post-petition in a Boston condominium reorganization

• Prevailing bank counsel in Chase Lincoln First Bank, N.A. v. New York State Elec. & Gas Corp., 182 AD 2d 906 (3d Dep’t 1992), the first New York appellate court to establish that cutting, clearing, trimming and chemically treating vegetation does not qualify as an “improvement” for New York mechanic’s lien purposes

Articles Lectures

• “Stare Decisis, Sed Concreta Intelligere--The Doctrine of Precedent and Longeran’s Common Sense,” The Catholic Lawyer, Vol. 27, No. 4

• National Business Institute Lecture Series, Articles on Advanced Construction Law in Massachusetts (1996 through 2002); Mechanic’s Lien Law and Strategies in Massachusetts (2003).

• Presentation: “Public Subcontracting for Small Businesses,” Massachusetts Alliance for Small Business (December 1994)

• Presentation: “MBE Joint Venturing in Massachusetts”, Massachusetts Community Development Finance Corporation (Spring 1994)

• Co-author, “Representing a Subcontractor in Chapter 11”, Massachusetts Continuing Legal Education, MCLE 1993 93-03.06

• Editor, New York State Bar Association Construction and Surety Newsletter (1990-1992)