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Barriere, Jim

James J. Barriere

Partner

As the Vice Chair and a Partner in the Firm’s Construction & Public Contracts Group, Jim brings over 20 years of public and private construction experience.  He represents design-build contractors, construction managers, general contractors, public and private owners and specialty contractors on a variety of matters.  Jim is frequently called on to advise clients on claim, contract, public bidding, labor law, insurance, indemnity, construction disputes and design-related issues.  He also counsels clients on techniques and strategies to avoid or resolve disputes, if possible, and on the preparation of claims and defenses when disputes cannot be avoided.

Jim is an experienced trial and appellate lawyer.  His experience includes: (i) serving as lead trial counsel in defense of hundreds of millions in claims on a substantial industrial nuclear storage facility; (ii) serving as lead trial counsel for several municipalities involving a collapsed and deficient sewage treatment facility; (iii) drafting and negotiating EPC and general construction contracts for a multi-billion dollar microchip manufacturing facility; (iv) negotiating construction contracts in Mexico, Saudi Arabia and throughout the United States; (v) serving as a panel construction arbitrator for the American Arbitration Association; (vi) successfully appealing a prevailing wage case to the highest court in New York State for a state-wide association; and (vii) numerous successful bench trials, jury trials and arbitrations.

Jim’s experience also includes litigating claims arising out of the construction and operation of power generation facilities and prosecuting tax assessment cases resulting in tens of millions in tax savings to power plant owners.

Experience

Reported Cases

  • Burt Welding & Auto. Repair, Inc. v. U.W. Marx, Inc., 272 A.D.2d 737
  • Church v. Callanan Indus., 99 N.Y.2d 104
  • City of Utica v. New York Susquehanna & W. Ry. Corp., 46 A.D.3d 1355
  • C&P Partners v. Dep’t of Assessment & Taxation, 192 Misc. 2d 139
  • Crucible Materials Corp. v. N.Y. Power Auth., 13 N.Y.3d 223
  • FTP Inc. v. Air Response, Inc., 280 A.D.2d 751
  • Hills V. LaGroup-Landscaping Architecture & Eng’g P.C., 268 A.D.2d 752
  • JRDM Corp. v. U.W. Marx, 252 A.D.2d 854
  • KSW Mech. Servs. V. Johnson Controls, Inc., 992 F. Supp. 2d 135
  • Matter of New York Regional Interconnect Inc. v. Oneida County Indus. Dev. Corp., 21 Misc. 3d 1118(A)
  • Mirant Ams. Energy Mktg. LP v. 1st Rochdale Coop. Group, Ltd.363 F. Supp. 2d 679
  • N.Y. Charter School v. Smith, 15 N.Y.3d 403
  • Orange & Rockland Utils., Inc. v. Assessor of Haverstraw, 4 Misc. 3d 1005(A)
  • Sheet Metal Div. v. Local 38 of the Sheet Metal Workers Int’l Ass’n, 45 F. Supp. 2d 195
  • Trystate Mech., Inc. v. Macy’s Retail Holdings, Inc. 94 A.D.3d 1095
  • Trystate Mech., Inc. v. TEFCO, LLC, 94 A.D.3d 1098
  • U.W. Marx, Inc. v. Bonded Concrete, Inc. 7 A.D.3d 856
  • U.W. Marx, Inc. v. Mountbatten Sur. Co., 3 A.D.3d 688
  • Zandri Constr. Corp. v. Wolfe, 291 A.D.2d 625

Credentials

Work Experience

  • Hinckley Allen
    • Vice Chair, Construction & Public Contracts Law Group
    • Partner (2014-Present)
  • Couch White, LLP
    • Partner (1999-2014)
    • Associate (1992-1999)

Honors & Awards

  • Best Lawyers of America® (2010-2019) Recognized for Commercial Litigation and Litigation - Construction
    • Lawyer of the Year (2013)
  • Martindale-Hubbell® AV Peer Review Rating, Recipient
  • Super Lawyers, Upstate New York (2010-2018)

Professional Affiliations

  • Albany County Bar Association
  • American Bar Association
  • Associated General Contractors of America
  • Association of Trial Lawyers of America
  • Eastern Contractors Association
  • New York State Bar Association
  • Northeast Subcontractors Association

Bar Memberships

  • Massachusetts
  • New York
  • Pennsylvania
  • United States Court of Appeals, Second Circuit
  • United States District Court for the Northern, Southern, Eastern and Western Districts of New York
  • United States District Court for Massachusetts

News & Insight

Publication

Massachusetts Earned Sick Time Law

June 9, 2015

Employers, take note! Passed by ballot initiative, the Massachusetts Earned Sick Time Law (“sick leave law”) becomes effective in less than a month—July 1, 2015. The law provides that all employees, including full-time, part-time, and even temporary …

Publication

The Massachusetts Supreme Judicial Court Recently Issued Key Decisions Concerning the Commonwealth’s Tips Act and Independent Contractor Statute

June 9, 2015

Two Massachusetts Supreme Judicial Court (SJC) opinions issued last month provide guidance for employers on two important, yet complex, Massachusetts employment statutes: the Tips Act and the independent contractor statute.In Meshna v. Scrivanos (SJC-11618…

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Firm News

38 Hinckley Allen Attorneys Recognized as 2018 Super Lawyers and Rising Stars

October 18, 2018

The Super Lawyers has selected 38 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.Super Lawyers, a Thomson…

Firm News

51 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2019

August 15, 2018

Hinckley Allen is pleased to announce that Best Lawyers® has recognized 51 attorneys in the 2019 edition of The Best Lawyers in America®, including seven “Lawyers of the Year.” Only one lawyer in each specialty in each region is honored as a “La…

Firm News

Hinckley Allen Attorneys Recognized as 2017 Super Lawyers and Rising Stars

October 18, 2017

The Super Lawyers has selected 39 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.Super Lawyers, a Thomson…

Firm News

52 Hinckley Allen Attorneys Recognized by Best Lawyers of America

August 18, 2017

Noble F.Jomarie T.Robert J.James J.Leon C.John J.William W.Christine K.

Firm News

Hinckley Allen Partners James J. Barriere and Michael J. Koenig Named 2016 Upstate New York Super Lawyers

August 16, 2016

James J. Barriere and Michael L. Koenig, partners in Hinckley Allen’s Albany, NY office, were named 2016 Upstate New York Super Lawyers. Jim was named Super Lawyer in Construction Litigation while Mike was named Super Lawyer in White Collar Criminal Defe…

Firm News

Hinckley Allen Partners James J. Barriere and Michael L. Koenig Named 2015 Upstate New York Super Lawyers

August 19, 2015

James J. Barriere and Michael L. Koenig, partners in Hinckley Allen’s Albany, NY office, were named 2015 Upstate New York Super Lawyers. Jim was named Super Lawyer in Construction Litigation while Mike was named Super Lawyer in Commercial Litigation and …

Firm News

Upstate New York Super Lawyers & Rising Stars Names Three Hinckley Allen Attorneys

September 10, 2014

Magazine. These attorneys have attained a high-degree of peer nomination and professional achievement. The selection process includes independent research, peer nomination and peer evaluation.Mike Koenig represents, defends and advises clients in all aspec…

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Events

Past Event

Construction SuperConference 2014

December 3, 2014

10:15 a.m. Moderator: Ronald D. Panelists: Timothy T. Corey, Esq., Hinckley Allen & James J. Barriere, Esq., Hinckley AllenThe panel discussion will focus on: how to evaluate and underwrite cases, claims, and litigation; how to evaluate and apportion…