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Thomas H. Hayman

Partner

One Post Office Square
30th Floor
Boston, MA 02109
tom.hayman@nelsonmullins.com

Tom Hayman concentrates his practice in commercial litigation, surety/construction and construction defect litigation, and personal injury/product liability, along with experience in trust and estate litigation, insurance coverage, professional liability, and employment matters.

Tom Hayman concentrates his practice in commercial litigation, surety/construction and construction defect litigation, and personal injury/product liability, along with experience in trust and estate litigation, insurance coverage, professional liability, and employment matters.

Tom Hayman concentrates his practice in commercial litigation, surety/construction and construction defect litigation, and personal injury/product liability, along with experience in trust and estate litigation, insurance coverage, professional liability, and employment matters.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Business and Real Estate
    • Bench trial of claims to enforce restrictive covenant in deed and to acquire title to land by adverse possession;
    • Representation of elevator company to resolve commercial disputes and litigation with its customers;
    • Jury trial of claims for breach of contract and fiduciary duty regarding a broker's exclusive listing agreement; favorable jury verdict;
    • Supreme Judicial Court appeal regarding natural gas pipeline projects;
    • Represented national banks in defense of claims alleging breach of triple net lease for high rise office building;
  • Employment
    • Defense of claims under Massachusetts Wage Act;
    • Defense of employer in wrongful termination actions;
    • Legal advice on executive employment contracts;
  • Construction
    • Represented public awarding authority to procure design-build project for rail extension in metropolitan area;
    • Summary judgment for general contractor and its surety company on subcontractor's claims;
    • Represented public owner in several lawsuits to vacate purported arbitration awards issued in connection with millions of dollars of contractor's claims on Boston's Big Dig construction project;
    • Represented drilled shaft subcontractor in pursuit of numerous claims for extra costs caused by differing site conditions, sequencing changes and design deficiencies on major highway bridge project;
    • Represented surety company arguing that town/bond obligee failed to comply with terms of a bond such that surety was discharged in D. Mass/First Circuit case on a multimillion-dollar performance bond claim. Case involved issue of first impression under AIA bond form;
    • Pursuit of subcontractors' claims for delays and inefficiencies on multimillion-dollar, public building construction project;
    • Represented general contractor in response to city's claims for alleged construction defects in two new schools; case included numerous third-party claims against subcontractors and disputes with insurance carriers;
    • Defended condominium developer through trial and appeals in response to claims by condominium trust for construction defects arising out of conversion of historic manufacturing building into residential and commercial condominium;
    • Lengthy bench trial of claims between public awarding authority and surety for construction defects pertaining to site work;
    • Represented surety company in defense of claims by Federal Government under performance bond and False Claims Act arising from work on steam piping at US Military Academy at West Point;
    • Defense of public-awarding authority on bid protest regarding award of contract for maintenance and repairs of state bridges;
    • Represented surety company at trial in response to claim by its principal for breach of agreement to settle indemnity obligations; principal/contractor sought lost profits and multiple damages;
    • Represented sunroom manufacturer on trial of claims by homeowner for breach of contract and product defects;
    • Handled numerous payment bond claims and indemnity action on behalf of surety company following contractor's default on more than 10 public construction projects;
    • Defense of window manufacturer in response to product defect/property damage claims;
    • Drafted and negotiated contract for build-out of retail store/restaurant on behalf of tenant;
    • Represented public awarding authority on bid protest regarding long-term lease/public-private transit-oriented development (residential/retail/parking) project;
    • Contract negotiation and drafting on behalf of public awarding authority to procure professional services of design consultant, project manager, and project administrator for rail extension project;
    • Assisted public awarding authority in close-out of highway and tunnel project;
  • Trusts and Probate
    • Litigation and settlement of objections to probate accounts filed by executrix of an estate;
    • Litigation to reform an irrevocable charitable trust;
  • General Liability
    • Trial in construction accident death case against demolition contractor; directed verdict;
    • Represented public owner in defense of wrongful death action following 2006 collapse of concrete ceiling panels in Boston's I-90 Connector Tunnel;
    • Jury verdict and SJC appeal in porch collapse case; 
    • Defense of window manufacturer in response to product defect/personal injury claims;
    • Jury trials on behalf of national rail carrier in response to trespasser's claim for catastrophic personal injury;
    • Settlement of product liability claim involving personal injury allegedly caused by industrial fabric softening machine;
    • Represented public landowner in response to plaintiff's wrongful death claim based on accident on railroad tracks; summary judgment;
    • Represented train operator in response to claim for permanent and serious personal injuries caused by electrocution; plaintiffs dismissed claims at end of discovery;
    • Represented subcontractor in defense of general contractor's multimillion-dollar claim for contractual indemnity stemming from construction accident involving subcontractor's employees; summary judgment;
  • Professional Liability
    • Defense of attorney in connection with embezzlement of millions of dollars of client funds by administrative assistant;
    • Defense of attorney on his client's multimillion-dollar claim for legal malpractice arising from sale of interest in construction business;
    • Pursuit of collection action on behalf of interior design firm / defense of counterclaim for professional liability;
    • Represented investment advisor in defense of his client's claim that he sold her unsuitable REIT investments;
    • Defense of misrepresentation, breach of fiduciary duty and negligence claims against an investment advisor who sold a variable life insurance policy;
  • Insurance
    • Represented insurance agent in defense of professional liability claims by disability policy holder who sought coverage for chronic fatigue syndrome and fibromyalgia;
    • Pursued claims for insurance coverage on behalf of general contractor facing claims for construction defects on large public school projects;
  • Financial Services
    • Represented national bank in response to plaintiffs' claims that bank violated G.L. c. 93A and breached contract for sale of home that bank owned following foreclosure; plaintiffs alleged they fully satisfied all of bank's requirements for a binding purchase and sale agreement, and that bank endorsed and cashed plaintiffs' deposit check;
    • Represented national bank on plaintiffs' G.L. c. 93A claim that bank gave false and pretextual reasons for denying plaintiffs' applications for a home mortgage modification pursuant to the Obama Administration's Home Affordable Modification Program (HAMP);

Representative Cases

  • ENGIE Gas & LNG LLC v Department of Public Utilities, 475 Mass 191 (2016)
  • CBC Painting v. TIG Premier Ins. Co., 47 F. Supp. 2d 87 (D. Mass. 1999)
  • Thompson v. Auto Credit Rehab, 56 Mass. App. Ct. 1, 775 N.E.2d 414 (2002)
  • Seaboard Surety Co. v. Town of Greenfield, 370 F.3d 215 (1st Cir. 2004)
  • Morris v. Unum Life Ins. Co. of America, 66 Mass. App. Ct. 706, 850 N.E.2d 597 (2006)
  • Peak Elec. Corp. v. O'Brien Kreitzberg, Inc., 68 Mass. App. Ct. 1103, 860 N.E.2d 49 (2007)
  • Scott v. Garfield, 454 Mass. 790, 912 N.E.2d 1000 (2009)
  • Shattuck v. Trustees of Boston Univ., 27 Mass. L. Rptr. 288, 2010 WL 3232296 (Mass. Super. Ct. 2010)
  • ZVI Construction Co., LLC v. The Hartford Insurance Company, 2011 WL 2923876 (D.R.I. July 11, 2011)
  • Scott v. Vermont Mut. Ins. Co., 2011 WL 4436984 (D. Mass. Sept. 22, 2011)
  • Massachusetts Highway Department v. Perini Corp., 79 Mass. App. Ct. 430, 947 N.E.2d 62 (2011)
  • Wyman v. Ayer Properties, LLC, 83 Mass. App. Ct. 21, 979 N.E.2d 782 (2012)
  • O'Connell v. Mortgage Electronic Registration Systems, 2013 WL 3326426 (D. Mass. June 28, 2013)
  • Newell v. America's Servicing Co., 2013 WL 4805060 (D. Mass. Sept. 9, 2013)

Previous Professional Experience

  • Associate (1995), Partner (1999), and Member, Firm's Management Committee (2009), at another Boston law firm
  • Associate (1991), at another Boston law firm

Education

  • Boston College Law School, JD, cum laude (1990)
  • University of Notre Dame, BA, Business Administration (1987)

Admissions

  • Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the District of Massachusetts

Clerkships

  • Law Clerk, Massachusetts Superior Court (1990)

Practice Areas

Industries

  • American Bar Association
  • National Bond Claims Association
  • Eastern Bond Claims Association
  • Marblehead High School Building Committee (former)
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