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.
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
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.
IEEPA Tariff Ruling Update
February 27, 2026Last week, we reported on the Supreme Court's decision striking down tariffs under the International Emergency Economic Powers Act ("IEEPA"). We promised to keep you informed as developments unfolded and here is the latest you need to know. New Tariffs Are …
Supreme Court Strikes Down Tariffs—Implications for Contractors
February 20, 2026Today, in a 6-3 decision, the United States Supreme Court, in an opinion by Chief Justice John Roberts, ruled that President Trump violated federal law when he unilaterally imposed tariffs on foreign countries under the International Emergency Economic Pow…
Hinckley Allen Recognized for Fifth Consecutive Year Among Construction Executive's Top 50 Construction Law Firms™
June 4, 2025Hinckley Allen has again been recognized as one of the nation’s leading construction law firms, earning a spot on Construction Executive magazine’s Top 50 Construction Law Firms™ list for 2025. This marks the fifth consecutive year the firm …
Hinckley Allen Named Top Construction Law Firm for Fourth Consecutive Year
June 4, 2024Hinckley Allen is pleased to announce it has been ranked among The Top 50 Construction Law Firms™ in 2024 by Construction Executive (CE) magazine. This is the 4th consecutive year the Firm has received this national recognition. “Our…
