Client Successes

Opening a Landmark Museum

When the opening of Boston’s first new art museum in nearly a century was placed in jeopardy by the contractor’s financial meltdown, we helped the museum regain control over the project schedule and persuaded the contractor’s surety to fund completion activities before the performance bond was called. After the museum’s triumphant opening, we went on to resolve millions of dollars of claims relating to the project’s innovative design and the contractor’s workmanship.

Defending and Prosecuting Design-Related Claim

After successfully defending the Massachusetts Housing Finance Authority from a contractor’s design-related claims in arbitration, Foley Hoag brought a winning summary judgment motion against the project’s designer to enforce a contractual indemnification clause and recoup the lion’s share of the authority’s defense costs.

Completing a Design-Build Highway

When a contractor’s business failure stalled progress on Massachusetts’ first ever design-build project, Foley Hoag led a team of experts on behalf of the Massachusetts Highway Department in a multi-party mediation to close out the project and resolve a $100 million claim for pennies on the dollar.

Defending our Public Transportation

Using sophisticated critical-path analyses, our lawyers defended a public transportation authority against delay and disruption claims for signal work on the authority’s commuter rail and subway lines. In one case, we reduced a $15 million claim by roughly 75 percent after four days of mediated negotiations.

From Tragedy to Justice

After a fire damaged our clients waterfront property in East Boston, we sued the contractor whose negligence started the fire, tried the case to jury and successfully delivered the jury’s million-dollar damage verdict on appeal.

Protecting our Cultural Institutions

On behalf of a construction management and design firm, we helped remove the HVAC subcontractor on a renovation project for a university art museum and negotiated a favorable settlement with the performance bond surety.

Saving a Municipal Housing Project

When a Massachusetts municipal housing department discovered previously undetected asbestos during a $15 million housing rehabilitation project, our lawyers facilitated the re-bid of the project, persuaded the performance bond surety to assume the increased bid costs, negotiated a settlement of the original contractor’s delay and disruption claims, and secured an offsetting payment made on behalf of the project’s asbestos testing company.
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