Eric Eisenberg

Practice Areas

Construction & Public Contracts

Litigation

Compliance

Crisis Response & Management

Dispute Resolution

Government & Internal Investigations

Procurement

Risk Management & Surety

Transactions

Insurance Coverage

Career

Hinckley Allen, Partner (1995 - Present), Senior Associate (1990 - 1994)

Fine & Ambrogne, Associate (1987 - 1990)

Nutter, McClennen & Fish, Associate (1984 - 1987)

Professional Memberships

American Bar Association

Boston Bar Association

Massachusetts Bar Association

Publications

Co-Lead Author Vol 57 of the Massachusetts Practice Series on Construction Law

Work Highlights

Insurance Litigation:

Successfully represented national construction companies and their sureties in multi-million dollar coverage actions against various insurers with regard to high profile “sick-building” and construction accident claims.

Successful representation of group of insureds in coverage action arising out of multiple millions of dollars of “POP” insurance issued by carrier.

Frequent advice to clients with respect to insurance coverage issues/disputes arising out of ground leases, construction contracts and business operations.

Served as arbitrator of $30+million dispute relating to damage caused by successive hurricanes to a tropical resort and the insurance proceeds payable for each storm.

Recovered more than $1 million of Covid-19 losses from Lloyd’s syndicate that issued Event Cancellation policy.

Construction/OCIP/CCIP/Wrap-Up Claims:

Numerous multi-million dollar Builder’s Risk recoveries.

Numerous multi-million dollar recoveries from insurers for architects, engineers and contractors in connection with complex property damage/engineering claims.

Numerous recoveries for major construction companies on significant claims under inland marine/equipment policies.

Successfully prosecuted coverage claim relating to defense and indemnity for failure of athletic turf field.

Successful insurance-funded defense of owners, general contractors and designers of multi-unit residential and commercial buildings against claims of defective design and/or workmanship.

Numerous multi-million dollar recoveries for construction companies under wrap-up builder’s risk policies in cases (some involving mega-projects like Boston’s “Big-Dig”) which presented complex insurance, engineering and construction issues.

Successfully handled dozens of substantial and complex structural defect, mechanical system, flood, earth movement and fire insurance claims for regional and national contractors in cases involving bridges, tunnels (cut and cover, bored, jacked and immersed tube); commercial buildings, jails and underground utilities and structures (slurry walls, jet grouting, steam lines, sewer lines, duct banks).

Brokered settlement with Plaintiff hotel chain and convinced two layers of CCIP carriers to pay $14 million to settle claims against national contractor related to alleged defects in hotel parking garage and plaza.

Recovered more than $2.9 million from, a group of builder’s risk insurers on behalf of a national construction company in connection with the failure and replacement of a multi-million dollar multi-layer steam line. Investigation involved both insurance coverage issues and issues of welding and metallurgy, industry standards for the design, installation and operation of multi-layered steam lines, mapping of physical evidence of changes to the failed steam line, and use of such location-related information to demonstrate that the steam line was destroyed by improper operation and not by construction defects.

Recovered $5.5 million of resequencing and inefficiencies and extended overheads from Public Owner and Project Builder’s Risk carriers as a result of 65,000 cubic yard slope failure on major cut and cover highway tunnel project. Case involved insurance coverage issues, geotechnical issues, and time entitlement analyses.

Recovered $7.75 million of repair costs and cessation of work expenses from a group of OCIP builder’s risk insurance carriers in connection with a construction phase-flood of a group of immersed-tube highway tunnels. Case involved both insurance coverage issues and complex engineering issues relating to geotechnical soil conditions and means/methods of underwater construction.

Errors and Omissions Insurance:

Substantial recoveries for property owners on numerous claims against architects, engineers and their Errors and Omissions (“E&O”) insurance carriers.

Successful representations of financial institutions, construction companies and other businesses with respect to indemnity and defense claims made to E&O and D&O insurance carriers.

Recovered millions of dollars of direct and indirect costs and delay damage from two engineering firms relating to the defective design of the reinforced concrete structure of a hotel tower from the design engineers and their E&O insurance carrier. The case involved insurance coverage issues, structural steel load path analyses, and time entitlement analyses.

Liability Insurance:

Successfully negotiated multi-million dollar resolution of industrial accident case without financial contribution from insured client where multiple involved insurance carriers had repeatedly denied coverage.

Successfully represented a piping and mechanical contractor with respect to coverage for $50+ million of wrongful death, personal injury and property damage claims relating to the explosion of a gas power plant.

Frequent prosecution of coverage claims for insureds, where insureds sought indemnity and defense from liability carriers for claims made by third-parties for personal injury and/or property damage.

Substantial experience serving as appointed defense counsel for faulty workmanship and design claims arising out of heavy highway, office/retail/commercial and multi-unit residential construction.

Successfully defended contractors and their sureties with respect to high profile multimillion dollar claims involving construction site collapses, floods, fires and damaged steam lines and other utilities.

Successfully defended a national construction company and its sureties with regard to a high profile $80+ million property damage claim arising out of a collapse within an interstate highway tunnel.

Construction Litigation:

Successfully defended joint venture of national and regional general contractors against $13 million of claims relating to the design development and fabrication of the tower steel for a $245M public Design Build lift bridge replacement project. The case was tried for 15 days before a judge of the Massachusetts Superior Court Business Litigation Session. The case presented issues of first impression and involved expert testimony relating to the allocation of risk and design development in Design Build projects, as well as complex issues relating to engineering, design, steel fabrication, time entitlement, and construction and steel fabrication methods. The judge ultimately enforced the Design Build risk transfer provisions of the subcontract and awarded the fabricator only 20% of its total claims on issues not relating to Design Build.

Successfully defended a joint venture of national and regional general contractors on $15 million of claims brought by a terminated painting subcontractor in connection with a ~$300 million public MassDOT Design-Build historic bridge rehabilitation project. The case was presented virtually over 12-days before a 3 member panel of seasoned construction arbitrators. The evidence presented included detailed factual testimony as to, inter alia, industrial/commercial painting methods and specifications; as well as significant and complex expert testimony as to painting methods, practices and specifications, damages/costs accounting, and time entitlement. The Panel awarded 3.5% of subcontractor’s principal claims and denied subcontractor prevailing party attorney’s fees or costs.

Recovered $25 million for a joint venture of national contractors for claims related to prescriptive specifications included in what was otherwise a design-build historic bridge rehabilitation project. Certain of these claims related to failure of or conflicts between prescriptive specifications requiring the re-use of historic materials, riveted connections, galvanized members and advanced coating systems.

Recovered $15 million for a joint venture of national contractors with respect to claims related to defects in prescriptive specifications included in what was otherwise a design-build moveable bridge project.

Tried to conclusion (decision pending) $17 million of claims and counterclaims relating to the design development and fabrication of the tower steel for a 245M public Design Build lift bridge replacement project. The case presented issues of first impression and expert testimony relating to the allocation of risk and design development in Design Build projects, as well as complex issues relating to engineering, design, steel fabrication, time entitlement, and construction and steel fabrication methods.

Directed an investigation for a national contractor with regard to weld failures in orthotropic deck panels on a major suspension bridge. Eric worked with expert witnesses to design the engineering study, to gather the necessary data and to determine an appropriate remediation plan.

Successfully defended general contractor in connection with the failure of a 120-inch pipe coupling installed as part of a municipal water project. Eric led an engineering analysis of the project, the coupling design and the evidence collected after the failure and was able to demonstrate conclusively that no acts or omissions of his client contributed to the coupling failure.

Prosecuted tens of millions of dollars of claims arising out of recurrent and persistent leaks in a multi-billion dollar highway tunnel. Eric directed a root cause/failure mode analysis of the roof to wall leakage. This investigation included analyses of: the structural engineering of the tunnel walls and roof, means and methods of slurry wall installation, waterproofing methodologies and geological conditions.

Expert in these Jurisdictions

Massachusetts

United States Court of Appeals for the First Circuit

United States Court of Appeals for the Second Circuit

United States Court of International Trade

United States District Court for the District of Massachusetts

Experience

Eric has been practicing law for 35 years. He specializes in complex cases involving issues of construction, insurance coverage, engineering, business relations, valuation and permitting.

Since 1990, Eric has represented major regional and national construction companies, real estate developers, and commercial property owners with respect to owner/contractor disputes; design, workmanship, material, and differing site condition claims; construction accident/failure claims; “sick building” cases and insurance coverage actions.

Eric has, on numerous occasions, recovered millions or tens of millions of dollars for his clients.

Education

Awards