It is commonly said that the right tools are the key to success for any construction project. When it comes to construction law, experience, diversity, and practical problem solving are some of the fundamental tools that Hinckley Allen’s construction team utilizes to help clients successfully navigate the many risks associated with construction.
Lindsey Peterson Black, associate, tells us about her start as an attorney, what led her into construction law, and what she enjoys most about this practice area.
Tell us how you got into law.
At Northeastern University, I earned a Bachelor of Science degree in Criminology and Criminal Justice, with a minor in Psychology. This eventually led me to law school, where I interned at several litigation boutiques.
I loved the study of criminology because it melded psychology with the societal impacts of human behavior and decision making. I was always interested in what factors motivated a person’s decisions. As a legal intern, I found my educational background allowed me to better understand both parties’ motivations and goals. I enjoyed the complexities of litigation, which led me to pursue civil litigation as an attorney. Today, I frequently draw on my background in criminology and psychology during mediations and settlement conferences.
After graduation, I worked in South Carolina and then returned to Boston. I gained experience in construction law helping contractors with liens and working on construction site personal injury matters. These cases piqued my interest in construction law, a career opportunity that I had not previously considered. My father worked in construction his entire life, so I had developed knowledge of the industry over the years. In 2018, the stars aligned when a position in the construction group at Hinckley Allen opened.
What kinds of cases do you work on in the construction practice?
I work on a wide variety of issues, problems, and disputes. I provide legal advice to clients at the outset of a project such as contract drafting and negotiations, real time project dispute resolution which includes analyzing contract clauses and developing claim strategy, as well as litigation or arbitration at the completion of a project.
One of the interesting aspects of our New Hampshire practice is that we frequently serve as the outside general counsel for our contractor clients. We focus on providing legal advice to our clients in a holistic way – considering the big picture and the operational and business goals of the client. This allows us to assist clients on both an urgent and long-term basis. Having a deep bench of knowledgeable and capable attorneys in other practice areas allows us to routinely include other Hinckley Allen attorneys on a broad range of issues.
In addition, I frequently represent clients in litigation and arbitration. Unfortunately, the many risks in construction often lead to disputes that result in litigation or arbitration. My experience drafting and negotiating contracts helps me advocate for clients in these often complex and nuanced disputes.
What recent lawsuit sticks out in your mind?
This past year, I tried a construction nonpayment dispute on behalf of a blasting subcontractor before a jury in the Massachusetts Superior Court. The general contractor was seeking to recover the full value of work performed at the project site, which included amounts due to our client as its subcontractor and alleged lost profit. I served as first chair trial counsel, which included selecting a jury, handling pre-trial motions, examining, and cross-examining witnesses, and presenting opening and closing arguments. Fortunately, the jury returned a very favorable verdict.
What are some of the challenges that clients in construction are facing right now?
The lack of skilled labor is a critical issue. The construction industry is pushing to recruit and train more skilled workers. Time will tell whether the supply can catch up to the demand. On the business side, fluctuating material prices and supply chain issues arising out of the COVID-19 pandemic are still present. Electrical switchgear and other electrical components are in short supply. Supply chain issues present a serious risk to timely completion of any project. Finally, the recent actions of the Federal Reserve raising interest rates will likely impact the construction industry. Certain areas are seeing a slowdown. Again, time will tell whether we achieve a “soft landing” or a more widespread and significant downturn in construction. To mitigate these challenges, contractors need to have rock solid contracts and robust legal representation ready.
Construction has traditionally been a male dominated field. What has been your experience as a woman in construction law?
I am passionate about construction law and truly enjoy working in such a niche practice area. I believe the inclusion of women, and diverse populations in general, in the construction arena is important in today’s environment. Having a variety of perspectives and backgrounds on your team allows for more creative problem solving and better client service. As an attorney, I benefit from the varied experiences and viewpoints of my team in devising the best legal strategy for addressing a client’s concern or resolving a construction dispute.
Mentorship has also been instrumental in helping me grow my practice. My construction group colleagues consistently provide me with valuable opportunities to hone my skills and recognize the value of my opinions, life experiences, and strengths. Knowing I have the support of my team when litigating a case or revising a contract has been invaluable to my growth as a practitioner.
