Thomas H. Hayman

Experience

• Construction & Procurement
  • Represented public awarding authority to procure design-build project for rail extension in metropolitan area; providing ongoing counsel to address disputes during the project.
  • Represented public awarding authority in reset of transit  fare collection system procurement; ongoing counselling to resolve disputes.
  • Represented public awarding authority in reset of railcar procurement contract to replace large portion of existing fleet.
  • Arbitration of audit claims on behalf of major subcontractors on an Integrated Project Delivery project calling for renovations and additions to a major city hospital.
  • Represented public awarding authority on bid protest regarding long-term lease/public-private transit-oriented development (residential/retail/parking) project.
  • Handled 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 general contractor to resolve claims against developer of major warehouse construction project, and resolve related subcontractor claims.
  • 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.
  • Obtained 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.
  • Pursued 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.
  • Represented luxury condominium owner in lawsuit that compelled developer to fix construction defects.
  • Handled 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.
  • Defended 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.
  • Defended 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
  • Handled bench trial of claims to enforce restrictive covenant in deed and to acquire title to land by adverse possession. Judgement in client's favor.
  • Represented elevator company to resolve commercial disputes and litigation with its customers.
  • Handled jury trial of claims for breach of contract and fiduciary duty regarding a broker's exclusive listing agreement; secured jury verdict in client's favor.
  • Handled Supreme Judicial Court appeal regarding natural gas pipeline projects.
  • Represented national bank in defense of claims alleging breach of triple net lease for metropolitan high rise office building.
• Employment
  • Defended claims under Massachusetts Wage Act.
  • Defended employer in wrongful termination actions.
  • Gave legal advice on executive employment contracts.
• Trusts and Probate
  • Handled litigation and settlement of objections to probate accounts filed by executrix of an estate.
  • Handled litigation to reform an irrevocable charitable trust.
• General Liability
  • Handled trial in construction accident death case against demolition contractor; secured directed verdict for client.
  • Represented public owner in defense of wrongful death action following 2006 collapse of concrete ceiling panels in Boston's I-90 Connector Tunnel.
  • Obtained jury verdict and SJC appeal in porch collapse case.
  • Defended window manufacturer in response to product defect/personal injury claims.
  • Handled jury trial on behalf of national rail carrier in response to trespasser's claim for catastrophic personal injury; defense verdict.
  • Settled 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 for client.
  • 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
  • Defended attorney in connection with embezzlement of millions of dollars of client funds by attorney's administrative assistant.
  • Defended attorney on his client's multimillion-dollar claim for legal malpractice arising from sale of interest in construction business.
  • Pursued collection action on behalf of interior design firm; defended counterclaim for professional liability.
  • Represented investment advisor in defense of his client's claim that he sold her unsuitable REIT investments.
  • Defended 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.

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