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Overview

Construction industry contracts are distinct from typical commercial agreements. When negotiating, drafting, and documenting construction-related transactions, it’s vital for your attorney to have an in-depth understanding of the different standards, terms, and procedures involved. We anticipate and account for contingencies critical to properly safeguarding your interests and have built a national reputation by mastering these details.

Successful work starts with smarter contracts.

Our team is armed with an understanding of historical standards and customs, along with a continually updated knowledge of today’s best practices. We are active members of national and international construction communities and professional associations, regularly advising and helping to shape the legal processes that support the construction and building trades. This insight results in contracts and transactions that give our clients the utmost confidence in our ability to protect their long-term interests.

Services

We negotiate and draft hundreds of construction-specific contracts, guaranties, indemnities, bonds, transactions, and contracts. Our lawyers are familiar with the risks and benefits of every delivery method:

  • General contracting and construction
  • Design-bid-build
  • Construction management
  • Construction management at-risk
  • Design-build
  • EPC
  • Turn-key
  • BOOT
  • Integrated project delivery
  • Public-private partnerships
  • Design assist

Experience

Claim, CounterClaim for Damages In Excess of $4Mfor PPL SavageALERT

We were retained by PPL SavageALERT, Inc., to pursue a breach of contract claim against ASML US, Inc. for non-payment under a design/build contract for a natural gas combined heat and power system. After PPL initiated arbitration before the AAA, ASML counterclaimed for breach of contract, breach of warranty and rescission, and sought damages in excess of $4M.

ASML’s counterclaims were premised on the contentions that the system failed to perform at an allegedly agreed-upon availability factor of 95% and that it experienced unanticipated transformer and bearing malfunctions due to manufacturing defects. During a week-long arbitration, Hinckley Allen focused on establishing for the arbitrator that no such availability warranty had been made and that the malfunctions experienced by ASML were caused by its own negligence and circumstances beyond PPL’s control. Following the completion of the arbitration, the arbitrator rendered a well-reasoned decision dismissing ASML’s counterclaims in total and awarding PPL its entire contract balance, plus interest.

Newsroom

Publication

False Claims Act Judgment Entered Against Massachusetts Contractor for Submission of Subcontractor's Fraudulent Payroll Records on Public Projects

November 2, 2023

On November 1, 2023, the Massachusetts Office of Attorney General (“AG”) issued a press release announcing the issuance of a judgment against a local contractor arising out of its subcontractor’s failure to pay prevailing wages on two public construc…

Publication

Potential Inflation Relief for Defense Sector Public Contractors

June 20, 2023

On May 5, 2023, the World Health Organization ended the Global Health Emergency status for COVID-19. The lingering impacts to the construction industry continue with market volatility for construction materials being impacted by inflation. While price indi…

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Firm News

Hinckley Allen Construction Practice Named to The Top 50 Construction Law Firms™ for 2022

June 1, 2022

Hinckley Allen is proud to announce that it was ranked 13th in The Top 50 Construction Law Firms™ by Construction Executive magazine.Associated Builders and Contractors Service Corporation, a national industry trade organization consisting of 21,000 memb…

Firm News

Hinckley Allen Construction Practice Named to The Top 50 Construction Law Firms™

June 7, 2021

Hinckley Allen is proud to announce that it was ranked 12th in The Top 50 Construction Law Firms™ by Construction Executive magazine.Associated Builders and Contractors Service Corporation, a national industry trade organization consisting of 21,000 memb…