Joel Lewin

Practice Areas

Construction & Public Contracts; Compliance; Crisis Response & Management; Dispute Resolution; Government & Internal Investigations; Procurement; Risk Management & Surety; Transactions; Occupational Safety and Health (OSHA) & Crisis Mitigation

Career

Hinckley Allen - Partner; Massachusetts Appeals Court, Law clerk to Chief Justice

Professional Memberships

American Bar Association - Litigation Section - Forum Committee on the Construction Industry; American College of Construction Lawyers (ACCL), Fellow; Associated General Contractors of Massachusetts, Board of Directors (2011-2013); Boston Bar Association - Construction Law Committee, Chair (2001-2003) and Former Co-Chair - Past Chairman, Public Law Section; Construction Industries of Massachusetts - Member - Board of Directors (2008-2010); Construction Industry, Forum Committee; Massachusetts Bar Association: Section on Public Contracts; The Moles, Member; Utility Contractors Association of New England

Publications

Appeals Court strictly construes Prompt Payment Act: Statute’s requirements material, not ministerial; Massachusetts Supreme Judicial Court Issues Major Decision in Construction Litigation Overruling Century Old Law on Quantum Meruit; Massachusetts Supreme Judicial Court: G4S Technology LLC v. Massachusetts Technology Park Corporation; Resolving Megaproject Claims: Lessons Learned from Boston’s “Bid Dig”; New MHD Standard Operating Procedure for MHD Claims; Associated General Contractors of NH Newsletter featuring Hinckley Allen Partners Ron Ciotti and Joel Lewin

Work Highlights

After approximately 300 days of arbitration and several Suffolk Superior Court, Massachusetts Appeals Court and Supreme Judicial Court challenges, Joel obtained the largest arbitration award on a construction project against a public authority in New England history. Joel obtained a recovery totaling $183 million on behalf of the Joint Venture of Perini/Kiewit/Cashman on the Big Dig; Represented the general contractor on the largest private contract in Massachusetts history, the $1.5 billion Encore Casino and successfully defended the general contractor against $30+ million of subcontractor claims; Currently representing the Joint Venture in connection with claims against the MBTA on the largest single public works contract in the history of Massachusetts; Represented the successful bidder against challenges by the second bidder in Suffolk Superior Court and the Massachusetts Appeals Court in Boston Harbor Commuter Services v. MBTA and Harbor Cruises, 46 Mass App. Ct. 122 (1999); Represented the Joint Venture of Morrison/Knudson/Interbeton/J.F. White against the Massachusetts Highway Department in connection with claims for disruption, design defects, delays, and other impacts on a $226 million construction contract for the Ted Williams Tunnel in Boston Harbor; Represented the Joint Venture of J.F. White, Slattery Skanska, and Perini on a $455 million contract involving claims for incomplete design, differing site conditions and errors and omissions in the contract documents, causing delays and cost impacts on a project involving one of the world’s first high speed underground interchanges including 8 underground lanes of highway at depths up to 115 feet; Represented the Joint Venture of Slattery/Skanska/Interbeton/J.F. White/Perini in connection with a $397 million contract involving claims for equitable adjustment for delays, acceleration and design changes and defects on a project involving highway tunnels and the largest ground freezing project in history; Represented the Joint Venture of M. DeMatteo Construction Company, Flatiron Structures and Interbeton on a $179 million project for claims for an equitable adjustment due to a slope failure caused by differing site conditions in connection with the construction 1250 foot cut and cover tunnel. Claims totaled in excess of $12 million; Represented the general contractor in connection with arbitration claims against the Miami Science Museum in arbitration in connection with claims for the recovery of costs arising out of a termination for convenience; Represented the general contractor in a Suffolk Superior Court action in connection with the massive historic renovation of the Suffolk County Courthouse, resulting in the recovery of $20 million in connection with a court action; Successfully argued an appeal to the Supreme Judicial Court in Constance M. Sullivan v. Five Acres Realty Trust, et al, 487 Mass. 64 (2021) reversing a multimillion dollar jury award in its entirety on the grounds that Mass G.L. c. 93A was inapplicable to the transaction which formed the basis of the plaintiffs’ complaint and jury award; Represented the plaintiff contractor in G4S Technology LLC v. Massachusetts Technology Park Corporation, 479 Mass. 721 (2018) before the Supreme Judicial Court resulting in the reversal of a 100 year old precedent under which a contractor forfeited all right to recover under quantum meruit monies otherwise due if the contractor intentionally deviates from the contract requirements. As a result of the reversal of the lower court’s decision, the plaintiff recovered the amounts due under the contract; Represented the Intervenor, M.DeMatteo Construction Company in the appeal of a bid protest in J.F. White Contracting Co. v. Massachusetts Port Authority, 51 Mass. App. Ct. 811 (2001). The Appeals Court upheld an award of the contract to DeMatteo upholding its contention that the Massachusetts Port Authority was free to solicit alternative bids on the use of two differing types of concrete as long as it reserved the right to award the contract to the low bidder, on the alternative that it decided was in its best interest; Represented M. DeMatteo Construction Company in connection with the appeal by United States Steel to the First Circuit U.S. Court of Appeals. Successfully established the right of DeMatteo to withhold all contract balances as a result of U.S. Steel’s abandonment of the project; Represented a Chinese manufacturer of subway cars (the largest in the world) in defending the bid protests brought by Hyundai Rotem Company, Bombardier Transit Corporation and Kawasaki, protesting the award of a $550 million contract by the MBTA to the Chinese company. Successfully defeated requests for injunctive reliefs in actions brought in state and federal court.

Expert in these Jurisdictions

Massachusetts; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts

Experience

As co-chair of the Construction and Public Contracts Group, Joel Lewin has represented construction contractors throughout the United States. In addition to representing some of the largest contractors in the United States, Joel has counselled contractors who have entered the U.S. market from other countries including France, Germany, Canada, Australia, Spain, Denmark, China and Italy. Joel counsels clients on major public infrastructure including tunnels, bridges, highways and waste water treatment plants. In addition, Joel focuses on building projects including office buildings, shopping centers, power plants, hospitals, schools and airports. Joel’s practice has included representation of contractors that are among the top 20 contractors in the country. Joel has participated in the trials of various large and complex construction disputes in court as well as in arbitration; Joel’s client philosophy is to learn as much as you can about your client’s business. Listen carefully, ask questions with the goal of understanding your client’s needs and aspirations. Be available and responsive and above all use your best honest judgment to communicate your advice clearly and confidently; Joel has served on Hinckley Allen’s Executive Committee since 2000.

Education

Awards