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REPRESENTATIVE EXPERIENCE

Mark E. Haddad

Trial counsel for a leading Investment Manager, specializing in build-to-core—developing and owning large-scale, urban commercial and multifamily projects in connection with multi-party contractual claims, governmental compliance claims and a wrongful death claim arising from a partial building collapse in Boston, Massachusetts.
Trial counsel for an EPC contractor in an international arbitration before the International Chamber of Commerce with over 15 weeks of merits hearings involving an oil and gas  “megaproject” construction dispute in the United States and South America that involved more than $4.5 billion in alleged damages.  
Counsel for a U.S. publically traded and leading point-of-care diagnostic company focused on infectious diseases in an international arbitration before the International Centre for Dispute Resolution seeking to protect its intellectual property and prevent a British pharmaceutical concern from selling products developed by use of the U.S. client’s confidential information. After five days of evidentiary hearings, the arbitration tribunal found in favor of the U.S. client and awarded damages, costs and attorneys’ fees and ordered the foreign concern to stop producing or selling its products based on the infringing intellectual property.
Trial counsel for a heavy highway and site contractor in defense of a $40 million claim tried to a jury in the United States District Court for the Eastern District of Virginia.
Counsel for the Massachusetts Turnpike Authority (MTA), concerning a series of disputes on the $14.6 billion “Big Dig” project in Boston, Massachusetts.  The largest dispute concerned a 70,000 gallon per minute leak that occurred at the West End of the immersed tube tunnel construction under the Fort Point Channel.  Following unsuccessful negotiations, the disputes were submitted to a formal mediation before two sitting judges from the Armed Services Board of Contract Appeals.  The mediation process resulted in a global settlement agreement concerning all disputes on the Fort Point Channel segment of the Big Dig.  The second largest dispute concerned a claim regarding excavation in front of the Federal Reserve Bank of Boston.  The contractor presented a claim of nearly $30 million regarding alleged interference with its means and methods of planned excavation.  The dispute was submitted to a Disputes Review Board which entered a complete defense decision on behalf of the Commonwealth.
Trial counsel to an international construction manager, involving construction defect claims and the structural integrity of a roofing system for an outdoor entertainment venue.
Trial counsel to a structural steel subcontractor involving claims against a contractor and its surety in connection with the construction of two school building reconstruction projects in Massachusetts, resulting in arbitration awards in favor of the steel subcontractor with punitive damages and attorney's fees awarded under M.G.L. c. 93A.
Trial counsel for a Fortune 50 manufacturer involving the prosecution of more than $150 million of claims in a multi-site environmental insurance coverage action tried to a jury in the Superior Court of the State of Washington.
Insurance coverage counsel for a New England based heavy highway contracting and aggregates firm in a wrongful death, toxic tort claim in Massachusetts and a multi-million dollar bridge collapse dispute in the State of Florida.
Trial counsel for a global commodities conglomerate involving claims against adjacent property owners in a hazardous waste contamination and cost recovery dispute in Massachusetts.
Trial counsel for the largest investor-owned water utility in the country in an eminent domain case in the Massachusetts Superior Court involving the taking of an entire water storage and distribution system.
Trial and dispute-resolution counsel for a New England-based general contractor with projects throughout the United States, handling a variety of claims over a ten year span involving owners, subcontractors, suppliers, engineers and architects covering virtually every aspect of commercial building construction.
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