Edwin Latham Hall

Edwin L. Hall is a construction attorney focusing on complex procurements, agreements and transactions, as well as litigation, including jury trials, arbitrations and mediations. He represents clients in transactions and litigation matters throughout the United States.

Transactional Experience

• Contract Drafting: Represent developers, owners, contractors and design professionals in drafting and negotiating architect, construction management, engineer-procure-construct agreements, design-build and various other contracts relating to the construction and development of infrastructure, pharmaceutical and life sciences, residential, military housing, oil and gas, hospitality and power projects
• Development Advice: Advised a private equity company in the drafting and negotiation of the design, construction and development management agreements as well as the lender term sheets, construction loan agreements and conditional purchase and sale agreements for two large investments in asset-light projects in South Carolina and Hawaii
• Internal Investigations: Member of teams of attorneys that conducted internal investigations relating to a client's compliance with the Foreign Corrupt Practices Act and the Anti-Kickback Statute
• Counterparty Due Diligence: Led international team performing environmental, social and governance due diligence efforts on behalf of a state entity concerning the activities and background of a foreign counterparty
• Corporate Due Diligence: Part of teams of attorneys conducting due diligence of target companies' contract performance, environment compliance, risk allocation and employment issues on behalf of the acquiring companies
• Fiber Optic Public Design-Build Project: Drafted the design-build documents on behalf of a quasi-public entity for the construction of the 1,200-mile fiber optic broadband middle mile network in western Massachusetts
• Electric Vehicle (EV) Charging Stations: Part of a team of attorneys engaged on two separate transactions for the design, procurement and construction of EV charging stations; one engagement was on behalf of a Fortune 10 retailer installing EV charging stations at stores throughout the United States; the second was on behalf of a large multinational energy company installing EV charging stations at multiple locations for a transportation and delivery company
• Integrated NGL Plant and CCGT Power Plant (Guyana): Edit and negotiated the engineer-procure-construct agreement on behalf of the EPC contractor responsible for the design and construction of the new natural gas liquids (NGL) and combined-cycle gas turbine (CCGT) power plant in the Wales Development Zone, Guyana
• Renewable Energy Developer: Draft design and construction documents on behalf of a developer of alternative energy power plants throughout the United States
• Massachusetts Bay Transportation Authority: Part of a team of attorneys involved in the procurement of the Orange and Red Line subway vehicles
• Los Angeles County Metropolitan Transportation Authority's Light Rail Vehicle Procurement: Represented a light rail vehicle (LRV) supplier to the Los Angeles County Metropolitan Transportation Authority (LACMTA) in its drafting and negotiating of a standard form purchase agreement for its suppliers on an $800 million project to provide dozens of LRVs to the LACMTA
• Puerto Rico Integrated Transit Authority: Assisted public authority with procurements related to their efforts to become a Federal Transit Administration grantee, including developing Requests for Proposals and Invitations for Bids, establishing procurement procedures and processes, and project management of procurement processes

Litigation Experience

• International Arbitration: Represent an international engineering, procurement and construction (EPC) contractor in a multibillion-dollar international arbitration arising from the construction of an oil refinery in South America
• Infrastructure Disputes: Represent one of the largest infrastructure contractors in the world in connection with a multibillion-dollar tunnel project to construct a highway below the Chesapeake Bay, and represent a large international contractor in connection with multiple design and construction disputes involving three state highway projects
• Defense of Major Telecommunications Network Owner in Engineering and Commercial Contract Matters: Defended major telecommunications network owner, in the trial court and on appeal, against large-scale breach of contract claims by the design-builder of its 1,200-mile fiber optic broadband cable system. See G4S Technology, LLC v. Massachusetts Technology Park Corporation, 33 Mass. L. Rep. 301 (2016), 34 Mass. L. Rep. 142 (2017); 479 Mass. 721, 99 N.E.3d 728 (2018). Also served as trial and appellate counsel for network owner in obtaining state and federal court injunctions requiring the operator of the network, and its foreign parent company, to perform their contractual obligations with respect to the continued operation of the network after they defaulted on same, and successfully defended federal court injunction on appeal. See Axia NetMedia Corporation v. Mass. Tech. Park Corp., 252 F.Supp.3d 52 (D. Mass. 2017), aff'd, 889 F.3d 1 (1st Cir. 2018)
• Defense of International Contractor Against Breach and Fraud Claims: Defended a large, international contractor against breach-of-contract and fraud claims for more than $30 million by the owner of a complex pharmaceutical processing facility; filed mechanic's lien action as well as counterclaims seeking recovery of more than $20 million
• Defense of Owner of a Tax-Credit Financed Housing Project Against Wrongful Termination Claim: Represented the developer of a multi-unit residential complex financed with low income and historic tax credits against claims by its construction manager that the owner had wrongfully terminated its contract for the construction of the project; the claims by the construction manager, as well as the developer's claims, against the construction manager for breach of contract and fraud were successfully resolved through mediation and direct settlement discussions
• Arbitration Award Against Supplier on a Wind Turbine Construction Project: Represented the civil and site contractor in an arbitration against a supplier who provided the concrete for 19 wind turbines; the arbitration resulted in the dismissal of the supplier's claims against the contractor as well as an award of more than half a million dollars against the supplier
• Arbitration Award Against Architect on a Historic Condominium Rehabilitation Project: Successfully represented the owner of a historic, residential condominium project in Boston in its claims against an architect for errors and omissions in the design documents; the arbitrator awarded the owner nearly half a million dollars on its claims and dismissed the architect's claims against the owner for unpaid fees