Hon. John M. Xifaras (Ret.)

T: 617-228-0200
F: 617-228-0222
Available nationwide
Construction Defect
Judge Xifaras has successfully mediated and arbitrated a wide variety of disputes including many construction disputes since joining JAMS in 2000. Judge Xifaras has served as an instructor in numerous seminars on mediation, arbitration, case management, and ethics.

Representative Mediations

  • Mediated a dispute where general contractor sued engineering firm for contribution for a loss to municipal water commission when the general contractor penetrated the water main
  • Mediated claims and counterclaims between homeowners, design professionals, general contractor and subcontractors, including breach of warranty, poor workmanship, undisclosed subsurface conditions, change orders for extra work, and delay damages
  • Mediated claims between owner and general contractor, subcontractors, and material suppliers regarding multiple environmental illness claims brought by building occupants
  • Mediated construction defect disputes for public and private institutions involving multiple insurance carriers and professional liability claims
  • Successfully mediated dispute involving alleged failure of a waterproofing membrane applied to parking garage resulting in damage to structure

Representative Arbitrations

  • Sole arbitrator in dispute between general contractor and homeowner regarding alleged construction remodeling defects and failure to pay charge orders
  • Sole arbitrator in dispute between general contractor and municipality regarding the construction of a residential building including counterclaims for alleged breach of contract, breach of implied covenant of good faith and fair dealing regarding unsatisfactory work
  • Sole arbitrator in dispute between owner and general contractor concerning claims of poor workmanship and breach of warranty, and counterclaims of defective specifications and extra work beyond the scope of the contract

Honors, Memberships, and Professional Activities

  • Member, Massachusetts Bar, Boston Bar, Bristol County Bar, and New Bedford Bar Associations
  • "Ecumenical Award and Saint Thomas Moore Award," Roman Catholic Diocese of Fall River
  • NAACP, New Bedford Branch: "In appreciation for the many services contributed to the New Bedford Branch of the NAACP and the black people in the community."

Background and Education

  • Associate Justice, Superior Court of Massachusetts
  • Associate Justice, New Bedford District Court
  • Private law practice for 22 years
  • Former Counsel to the NAACP, New Bedford, MA
  • Lectured before the Massachusetts Continuing Legal Education, Inc.
  • Panelist and lecturer before several employment and labor law conferences and institutes
  • Suffolk University Law School
  • Babson College

Disclaimer

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