Dispute Resolution

Dispute Resolution

Construction & Public Contracts

Overview

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.

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