Robert Ferguson

Practice Areas

Construction & Public Contracts

Compliance

Crisis Response & Management

Dispute Resolution

Government & Internal Investigations

Procurement

Risk Management & Surety

Transactions

Insurance Coverage

Occupational Safety and Health (OSHA) & Crisis Mitigation

Career

Hinckley Allen, Partner (2017-Present), Construction Technology Liaison Group (2016-Present), Associate (2007-2016), Associate Liaison Committee, Original Member (2013-2016), Summer Associate (2005-2006)

The Honorable Denis P. Cohen, Philadelphia Court of Common Pleas, Student Externship (2006)

Professional Memberships

American Bar Association Forum on Construction Law

Associated General Contractors (AGC) Massachusetts Young Contractors Professional Institute (2014)

Boston Bar Association

Federal Bar Association

Utility Contractors' Association of New England, Inc. (UCANE)

Expert in these Jurisdictions

Massachusetts

Pennsylvania

United States Court of Appeals for the First Circuit

United States Court of Federal Claims

United States District Court for the District of Massachusetts

Education

Awards

Experience

Bob is a trusted counselor, litigator, and long-time member of Hinckley Allen’s nationally recognized, Tier 1 Construction & Public Contracts Group. Bob serves clients of all types in both the private and public construction contexts (local, state, and federal) and has a broad range of experience spanning virtually all aspects of the construction process.

Known for his responsiveness and best-in-class work, Bob regularly handles bid protests and other procurement matters, including drafting and negotiating contracts. Bob counsels clients during the course of construction projects and trains and advises clients on a host of issues, including crisis response/management, compliance, and other risk management matters. He regularly handles claims and disputes, representing clients with respect to numerous forms of dispute resolution, including mediation, arbitration, litigation, civil, and administrative appeals. Bob has also represented clients in an array of project development and permitting issues, challenges, and appeals. Earlier in his career, Bob played an important role in extensive Big Dig litigation which culminated in tens of millions of dollars in recovery for the contractor-client. His experience extends to OSHA matters and insurance recovery, as well as business disputes and various other general litigation matters, including commercial lease disputes.

A thought leader in the construction industry, Bob served as a primary author of amicus briefs to the Massachusetts Supreme Judicial Court with respect to the Massachusetts Construction Manager at Risk Statute (M.G.L. c. 149A) in the Coghlin v. Gilbane case, as well as the Massachusetts Prompt Payment Act (M.G.L. c. 149, s. 29E) in the Business Interiors v. Graycor case. He co-authors monthly articles in the Utility Contractors Association of New England’s Construction Outlook Magazine, as well as in Construction Industries of Massachusetts, Inc.’s Construction Journal. Bob is also an annual contributor to multiple chapters in Thompson Reuters’ Massachusetts Practice Series: Construction Law. Bob also authored a chapter in the ABA Construction Law Forum’s 2024 Design-Build and EPC Contracting: A Practical Legal Guide. Bob has presented to several industry associations over the years, covering a wide range of construction topics.