Mark R. Reich

Shareholder

E-mail: mreich@k-plaw.com
Phone: 617.556.0007
Practice Areas: General Municipal, Environmental, Contracts & Procurement, Litigation, Energy Law

Attorney Mark Reich has 25 years of experience in municipal law. He specializes in environmental law, contract and construction law, board of health regulation and enforcement, and general municipal law. Attorney Reich is also an experienced litigator representing municipal boards, public agencies, and officials in state and federal courts and before administrative agencies on environmental and contracting issues.

Attorney Reich’s environmental law experience includes prosecution of property contamination claims, representation of municipal clients with respect to the reuse and rehabilitation of contaminated property; compliance with G.L. c.21E and the Massachusetts Environmental Policy Act and federal Superfund law; and regulatory and enforcement actions by local conservation commissions and boards of health. He also has extensive contract experience, including drafting complex agreements, intermunicipal agreements, and construction documents.

In the area of general municipal law, Attorney Reich serves as the primary contact for several cities and towns. In this capacity, he advises in the areas of Open Meeting Law, Public Records Law, Town Meeting, and City and Town Council meetings; drafting special legislation; and analyzing and interpreting by-laws, ordinance, and charters.

Representative Matters

  • Town of Ayer v. Eastern General Contractors, Inc. and Liberty Mutual Insurance Co. Won summary judgment on the Town’s claims for breach of contract against the defendant.  A settlement was reached requiring full payment of the bid security, plus interest, in the total amount of $142,000.00.
  • Waste Systems International Oxford Transfer Station, Inc. v. Town of Oxford Board of Health, et al.  Successfully represented the Town of Oxford Board of Health on appeal in its decision to deny a major site assignment modification request.
  • City of Woburn – Industriplex. Advised the City with respect to the implementation of remediation measures at the Industriplex Superfund Site.
  • Town of Norton – Shpack. Advised the Town with respect to the terms of a consent decree and property disposition with respect to the Shpack landfill Superfund Site, resulting in the transfer of remediated open space property to the Town.
  • Town of Kingston – Winthrop Street Well.  Represented Town in claims against Exxon under G.L. c. 21E for damages to the Town’s water supply resulting in a settlement in the amount of $475,000.
  • Advising numerous municipalities and transportation authorities on liability issues and resolutions regarding the Beede Waste Oil Federal Superfund Site.
  • Negotiating Administrative Consent Orders with the Department of Environmental Protection.
  • Advancing and defending against claims for property damage and response action costs under G.L. c. 21E.

Prior Experience

City of Everett, MA
Assistant City Solicitor (1990-1998)
Drafted and reviewed contracts for design and construction services and oversaw procurement procedures. Developed land use strategies for the reuse and redevelopment of Brownfields. Negotiated Tax Increment Financing agreements. Counseled planning department and developers on strategies to optimize development and open space uses, with expertise in the areas of zoning and subdivision control law. Drafted legislative language. Represented the City and its boards and departments in diverse litigation before federal and state courts and agencies.

Mayor’s Administrative Assistant (1989-1990)
Liaison between Mayor and City department heads, public relations assistant, and negotiated with local businesses and developers in planning and implementing strategies for future city growth.

Bar & Court Admissions

  • Massachusetts Bar
  • U.S. District Court (Mass.)
  • U.S. Court of Appeals for the First Circuit

Education

Boston University School of Law
Juris Doctor, 1988

Cornell University
Bachelor of Arts, 1985