Nicole B. CaprioliPartner
Since joining the firm of Christopher, Hays, Wojcik & Mavricos, LLP in 1999, Nicole has practiced in both federal and state court, including the Land Court. Her practice is concentrated in civil litigation with a significant emphasis on construction law including representing general contractors, sub-contractors and home owners in matters involving payment disputes, mechanics' liens, defective workmanship claims, lien waivers, bid protests and contract drafting and disputes. In addition, Nicole's practice includes employment matters, medical peer review cases, commercial and business disputes, real estate zoning matters, tort claims and probate court matters.
Nicole was admitted to the Massachusetts Bar in 1999 and to the U.S. District Court for the District of Massachusetts in 2002. She is a graduate of Stonehill College in North Easton, Massachusetts (B.A. 1995) and Western New England College School of Law in Springfield, Massachusetts (J.D. 1999). She was a member of the Law Review at Western New England and is currently a member of the Massachusetts Bar Association, the Worcester County Bar Association and the Women's Bar Association. Nicole remains active in the Alumni Association at Western New England School of Law and regularly serves as a judge in the Eastern Regional Moot Court Competition held at Fitchburg State College and has previously judged the National Moot Court Competition in Springfield. Nicole is a member of the Board of Directors of the Legal Assistance Corporation of Central Massachusetts and a prior member of the Board of Directors of the Montachusett Girl Scouts Council.
Regularly, routinely and successfully establish, perfect and enforce mechanics’ liens on behalf of general contractors and sub-contractors.
Regularly and routinely represent general contractors and sub-contractors in actions to collect monies due and owing for services provided.
Regularly represents general contractors, sub-contractors and home owners in cases alleging and defending claims of defective workmanship.
Represented numerous clients in actions related to boundary line and easement disputes.
Represented clients in actions related to property disputes involving trespass and nuisance claims.
Prevailed in an argument before the State’s highest court that an employee had an enforceable implied contractual right to a benefit that the employer promised in an employee handbook.
Represented numerous developers and homeowners before zoning and permitting boards, including appeals pursuant to M.G.L. c. 40A before Superior Courts and the Land Court.
Represented homeowner in dispute with contractor and community lender regarding workmanship defects in home renovations.
Provided services to numerous employees and employers regarding contract review, drafting and negotiation of severance agreements, non-compete agreements and confidentiality agreements.
Successfully represented minority shareholder of a closely held corporation in collection action pursuant to a breach of a stock redemption agreement.
Achieved favorable resolution for homeowners in case involving faulty modular home construction.
Successfully defended the owners of an antique historical document in an action for replevin brought by a Massachusetts Town claiming ownership.
Represented a contractor protesting a bid and seeking to enjoin a municipality from awarding a contract to an entity where the municipality did not follow the proper bid procedure.
Represented prospective homeowner in a suit seeking specific performance of residential Purchase and Sale Agreement which seller was attempting to renege.
Successfully represented the children of a divorced couple in a claim that the children were intended third-party beneficiaries of a divorce agreement between the parents which prohibited assets from passing to their father’s second wife upon his death.
Successfully represented an employee before the Massachusetts Commission Against Discrimination who had been demoted in violation of the Massachusetts Maternity Leave Act.
Defended a corporation related to motor vehicle warranty claim.
Successfully litigated probate matter involving breach of divorce agreement relating to child support and other issues.
Represented contractor before the Board of Building Regulations and Standards regarding complaint against his Construction Supervisors license.
Represented a developer in a dispute regarding access to a sewer line in a municipality.
Successfully negotiated large six figure settlement on behalf of client who was seriously injured in a motor vehicle accident involving a tractor trailer.
Recovered substantial settlement in mediation on behalf of client injured while riding a defective all-terrain vehicle.
Achieved successful outcome in personal injury claim against a nursing home.
Successfully represented several clients on various matters involving personal injury sustained due to slip and fall in a grocery store or supermarket as a result of an unsafe/hazardous condition on the premises.
Successfully represented a physician whose due process rights were violated due to a sham peer review proceeding.
Provided counsel and representation to physicians before medical peer review committees and before the Licensing section of the Board of Registration in Medicine.
Successfully defended a physician against several health insurance companies which were seeking to revoke the physicians right to be an authorized provider of the health plans.
Successfully represented a client in a proceeding to vacate a Land Court tax taking foreclosure.
Litigated petitions to partition real estate actions in order to separate joint tenants’ interests in property, including handling auction proceedings to accomplish the partitioning of joint tenants’ real estate interests.
Represented physician accused of violating clinic policies and deviating from the standard of care before internal administrative body comprised of fellow physicians.
Conducted administrative hearing on behalf of Board of Health regarding site assignment modification for a solid waste facility.
Following judgment in favor of client in the Trial Court, successfully represented client through appeal brought by losing party in both the Appeals Court and Supreme Judicial Court regarding employee benefit entitlement.
