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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, 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, 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, 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

  • Construction
    • Represented public awarding authority to procure design-build project for rail extension in metropolitan area;
    • 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, bridge and tunnel projects;
    • 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;
    • Summary judgment for general contractor and its surety company on subcontractor's claims;
    • 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;
  • 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 bank 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;
  • 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 trial on behalf of national rail carrier in response to trespasser's claim for catastrophic personal injury; defense verdict;
    • 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
  • Boston Bar Association
  • Marblehead High School Building Committee (former)
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