No construction firm or supplier wants to go to trial. But if it comes to that, you want to be sure to have experienced counsel in your corner. Our Construction & Public Contracts lawyers are trial lawyers. Respected by judges, hearing officers, arbitrators, and opposing counsel for our skill and tenacity, we deliver excellent results for our clients.

A battle-tested force equal to any adversary.

We are highly regarded by our peers for our ability to resolve a majority of disputes through robust negotiation and cost-effective, time-saving methods such as Alternative Dispute Resolution (ADR). Should litigation prove necessary, our Construction & Public Contracts team is prepared to challenge even the most formidable and well-funded opposition.


We help clients resolve complex disputes—with and without litigation. Our services include:

Project-Related Disputes

  • Bid protests
  • Scope disputes
  • Differing site conditions
  • Construction defects
  • Delay, disruption, and interference
  • Acceleration

Financial Disputes

  • Liens
  • Surety bonds
  • Proprietary specifications
  • Liquidated damages
  • Cost accounting
  • Insurance coverage
  • Builder’s risk insurance
  • Indemnification agreements

Employment Disputes

  • Lost productivity
  • Termination

Materials Disputes

  • Design errors and omissions
  • Safety failures
  • Warranties
  • Hazardous materials and other environmental issues


Breaking New Ground in Construction Litigation
After almost 300 days of arbitration and numerous trial court appeals, Hinckley Allen settled one of the last contractor disputes related to Boston’s “Big Dig” for $88.7 million. The total recovery on a single contract was $183 million in favor of a joint venture of Tutor Perini, Kierwit Corp. and Jay Cashman. The litigation took place over 15 years, involving more than 30 Superior Court actions and four appeals.

$5.3 Million Arbitration Award for Connecticut Developer
We helped secure a $5.3 million arbitration award against an architect for damages due to design errors and omissions after 12 days of hearings for our client, Stonington Water Street Associates, the developer of a Connecticut condominium complex. As reported in the legal press, this is believed to be the largest arbitration award ever against an architect in the state of Connecticut.

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.

Case Studies

Case Study

Design-Build: Judgement of First Impression

The Construction & Public Contracts Group successfully tried a case of first impression with regard to the allocation of risk and design development in Design Build projects, as well as complex issues relating to engineering, design, steel fabrication,…

Case Study

Arbitration Victory on Historic Bridge Design-Build Project

The Construction & Public Contracts Group successfully defended a joint venture of National and Regional General Contractors against $15 million of principal claims brought by a terminated painting subcontractor against the joint venture in connection …

News & Insight

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…


Material Price Escalation – What is a Contractor to Do?

August 17, 2021

The fallout from the COVID-19 pandemic continues to plague the construction industry in many ways, but perhaps the most significant erosion to the contractor’s bottom line has come in the form of market volatility for construction materials. The lack of …


NYS Legislature Attempts to Clarify “Substantial Completion” in State Contracts

June 15, 2021

On Monday, June 14, 2021, Governor Cuomo signed into law NYS Senate Bill S880 (Assembly Bill A967), which amends § 139-f of the State Finance Law and § 106-b of the General Municipal Law, and revises the previous statutory language relating to the defini…