Practice Areas & Industries: Hinckley, Allen & Snyder LLP


Construction & Public Contracts Return to Practice Areas & Industries

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Practice/Industry Group Overview

Hinckley, Allen & Snyder LLP is one of New England’s largest and most experienced providers of legal services to the construction industry and public contractors generally. Our team of over 25 professionals is nationally regarded for its depth of expertise and its ability to consistently deliver to clients. We are nationally ranked first-tier in Litigation-Construction by Best Lawyers® and U.S. News & World Report. We add value for our clients through the strong relationships we maintain with key industry participants, awarding authorities, and government agencies.


Services Available

The Construction & Public Contracts Group provides the full range of services to construction industry participants and public contractors. These services include:

–  Dispute Resolution

–  Transactions

–  Compliance

–  Government and Internal Investigations

–  Procurement of Goods and Services

–  Risk Management and Surety

–  Crisis Response and Management

Dispute Resolution
Our construction and public contract lawyers are trial lawyers. We are respected by judges, hearing officers, arbitrators and opposing counsel for our skill and tenacity. We are regarded by our peers for our ability to resolve disputes through negotiation and ADR – as well as our superior ability to try cases in court or arbitration, when necessary. We have presented and defended claims involving:

–  bid protests

–  scope disputes

–  differing site conditions

–  construction defects

–  liens

–  surety bonds

–  proprietary specifications

–  delay, disruption and interference

–  acceleration

–  liquidated damages

–  lost productivity

–  termination

–  cost accounting

–  insurance coverage

–  indemnification agreements

–  design errors and omissions

–  builder’s risk insurance

–  safety failures

–  warranties

–  hazardous materials and other environmental issues  

We regularly document and negotiate design, construction and related transactions using recognized trade association forms well as custom documents when appropriate. Our lawyers are familiar with the risks and benefits of every delivery method, from general contracting and construction management at-risk, to design-build, EPC, turn-key, BOOT, IPD, and public-private partnerships. Additionally, we draft and negotiate related documents such as performance and completion guaranties, indemnities, subcontracts, bonds, and workout agreements.

We provide representation, counseling and training on a variety of compliance-related issues, including:

–  State procurement laws

–  Federal Acquisition Regulations

–  Federally-assisted project requirements

–  OSHA and other regulatory issues

–  EEO and Affirmative Action Plans

–  Small Business and MBE/WBE/DBE requirements

–  Labor-management relations and disputes


–  Prevailing wage and other wage-and-hour laws

–  Environmental law

–  Business ethics and compliance

–  False claims avoidance

We provide business ethics plans and on-site training to meet federal and state mandates for public contractors.

Our construction lawyers are in constant contact with state and federal awarding authorities, funding sources, and regulatory agencies across New England and in Washington DC. We are always up to date on legal, legislative, regulatory and enforcement issues and on trends of interest to the construction industry and public contractors.

Government and Internal Investigations
Working with members of the firm’s White Collar Defense & Government Investigations Group, we conduct internal investigations when appropriate to help clients self-police potential ethical violations. We also defend companies and individuals involved as targets or witnesses in civil false claim investigations, environmental violations, and debarment proceedings, as well as grand jury and other criminal investigations brought by awarding authorities, state enforcement agencies, and the federal government.

Procurement of Goods and Services
We represent public contractors and concessionaires in a number of industries beyond construction, particularly with respect to privatized transportation and other services traditionally provided by governments. We also represent parties bidding on government contracts for the sale of goods and services such as toll systems, rolling stock, and other complex, technical items.

Risk Management and Surety
We understand the risks faced by construction contractors, public concessionaires, designers and sureties. Two of our attorneys are former in-house counsel, so we appreciate the financial, administrative and practical aspects of managing risk. We are familiar with safety, insurance, and bonding programs, as well as all of the nuances of various risk management tools, such as:

–  OCIPs

–  CCIPs

–  professional E&O coverage

–  builder’s risk insurance

–  pollution coverage

–  completed operations

–  additional insured endorsements

–  subcontractor default insurance

–  performance and payment bonds

–  letters of credit

Crisis Response and Management
When clients suffer significant accidents, catastrophic failures or other crises that require immediate attention, we have the experience, expertise and capacity to help manage the response in real time. Our crisis management services include assisting clients in their interactions with government agencies and the media, preserving evidence, identifying experts and implementing the forensic response.

Who We Serve
The Construction and Public Contracts Group represents horizontal and vertical builders in both the public and private sectors, private real estate developers and institutional owners, and companies that provide any kind of goods or services to government entities. Client types include:

–  Heavy civil general contractors

–  General building contractors

–  Owners/Developers

–  Specialty contractors

–  Energy services contractors

–  Contractors providing non-construction goods and services to governments

–  Sureties and insurers 

Our experience includes providing legal and dispute resolution services on every kind of construction contract or public concession, including:

–  Highways, bridges and tunnels

–  Buildings

–  Water treatment and distribution

–  Transportation

–  Energy

Industry Relationships
We add value to our clients through the strong relationships we maintain with other industry participants, awarding authorities, and government agencies. Our attorneys are active in national trade and bar associations, including:

–  ABA Section on Public Contract Law

–  ABA Forum on the Construction Industry

–  Associated General Contractors of America

–  Design Build Institute of America 

Additionally, our partners include current and former members of the boards of directors of:

–  The Construction Industries of Massachusetts

–  The Utilities Contractors Association of New England

–  The Massachusetts Building Congress

–  The AGC of Massachusetts

–  The AGC of New Hampshire

–  Professional Women in Construction of Connecticut

–  The ABC of Connecticut

–  The Connecticut Construction Industry Association