Brian L. Henninger

Associate - Boston

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Brian Henninger advises clients in the construction and management of capital projects. He specializes in project delivery strategies, construction and real estate disputes, and related insurance cost recovery counseling and litigation.

In his project delivery practice, Brian assists private and public owners in choosing delivery methods, allocating risk and negotiating contracts to maximize the owner’s chances of achieving operational, budgetary and schedule goals. He has assisted clients in delivering projects on time and on budget through design-bid-build, design-build, engineering, procurement and construction (“EPC”) and construction manager/ general contractor (“CM/GC”) delivery methods. Brian is also active in the emergence of Integrated Project Delivery (“IPD”) and “Lean Construction” as collaborative tools that can help add value to a project and reduce transactional costs associated with change orders, rework and defect disputes.

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Education:

  • Georgetown University Law Center, J.D., 2003
  • Hobart College, B.A., magna cum laude, Phi Beta Kappa, 1997

Representative Experience

Project Delivery

  • Serving as owner’s project counsel for design-bid-build construction of $21 million elder care facility in Metro-Boston area with use of Lean Construction Tools to meet aggressive schedule goals.
  • Served as owner’s project counsel in negotiation of engineering, procurement and construction (“EPC”) agreement for on-time / on-budget delivery of a 2.5 MW wind turbine, including innovative use of integrated project delivery (“IPD”) principles to foster collaboration between core project team and key subcontractors.

Construction and Real Estate Disputes

  • Representing owner of a 485 MW, gas-fired power plant in cost recovery claim against engineering, procurement and construction (“EPC”) contractor stemming from failure of the plant’s steam turbine generator.
  • Represented public transportation authority in response to a contractor’s nine-figure claim for equitable adjustment relating to design-build delivery of 21 mile highway; negotiated seven-figure settlement after multiple session ADR process.
  • Won summary judgment for major computer software developer in commercial lease dispute involving competing claims to floor space, rights of first refusal and exterior signage rights.

Insurance Recovery

  • Representing steel plate structure fabricator in litigation against insurer to recover losses stemming from defense and settlement of underlying asbestos personal injury claims; at trial, won directed verdict on insurer’s coverage-defeating number of occurrences, notice and definite claim defenses.
  • Recovered significant portion of losses stemming from settlement of underlying personal injury claim arising out of negligence of assisted living facility’s third-party contractor; favorable settlement attributed to early filing of motion for summary judgment on coverage issues after limited fact discovery.

Involvement

  • Lean Construction Institute - New England Community of Practice, Core Group Member
  • American Bar Association, Member
  • Boston Bar Association, Member
  • Pro bono representation of clients in civil rights actions involving prison conditions and prescribed medical treatment
  • "Project First! Moving Towards Integrated and Lean Project Delivery," Hot Topics in Infrastructure (Foley Hoag, 2012)
  • "Integrated Project Delivery," Lean Construction Institute (Foley Hoag, 2011)
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. Supreme Court
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit
  • U.S. Court of Appeals Second Circuit