On September 18, my colleague Asha Echeverria and I went to Manchester, New Hampshire, to celebrate the groundbreaking of the Cemetery Brook Drain Tunnel Project—a landmark combined sewer overflow (CSO) initiative years in the making. We had the privilege of representing the City of Manchester in drafting requests for proposals for the $300 million infrastructure project, which will significantly reduce sewer overflows into the Merrimack River, improve water quality, and enhance the quality of life for Manchester residents for generations to come.
The Challenge
Like many older New England cities, Manchester faced the challenge of an aging combined sewer system that could overflow during heavy rain events, releasing untreated water into local waterways. To address federal and state environmental requirements while ensuring long-term sustainability, the City needed an innovative, large-scale solution. And the right team to bring it to life.
The Solution
The centerpiece of the project is a twelve-foot-diameter tunnel stretching more than two miles beneath the city, excavated by a state-of-the-art tunnel boring machine manufactured in Germany. The construction manager, Methuen Obayashi—a joint venture between Methuen Construction and Obayashi Corporation of Japan—is working in collaboration with CDM, the project designer, and Parsons, the program manager. All of this has come together under the leadership of Tim Clougherty, the Manchester Department of Public Works Director.
Our Role
Our team at Bernstein Shur represented the City of Manchester in drafting requests for proposals for design and construction, ensuring a transparent, competitive, and compliant procurement process. Our widespread, multitalented Construction Law Practice Group provided legal support throughout the process, specifically:
- Rick Gagliuso advised on construction documentation
- Amanda Dupuis contributed real estate and drafting expertise during the eminent domain process
- Charles Wallen provided strategic litigation insight
- Asha Echeverria and George Burns led the client relationship and legal strategy, helping to align the City’s goals with technical and regulatory demands
The Impact
Once completed—it is estimated that it will take four years—the Cemetery Brook Drain Tunnel Project will bring lasting benefits to the Manchester community, including cleaner water, drier basements, and a revitalized Merrimack Riverfront. In addition to its environmental outcomes, the project is a reminder that law, engineering, government, and regulators can mesh in their efforts to yield better lives for the citizens. Finally, the project is a proud example of how Bernstein Shur’s public infrastructure and construction law teams help municipalities bring ambitious projects to life.
George Burns is a Senior Counsel at Bernstein Shur in the Construction Group, where his practice represents owners, contractors, and other construction participants on everything from hospitals and schools to infrastructure, energy, and large-scale residential projects. Drawing on deep industry knowledge and a collaborative, solutions-oriented approach, the practice helps clients avoid disputes, resolve challenges efficiently, and keep their projects—and bottom lines—on track.