Partner
Boston
Email: awailgum@murthalaw.com
Phone: 617-457-4006
Fax: 617-482-3868
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Bar & Court Admissions
- Commonwealth of Massachusetts
- U.S. District Court, District of Massachusetts
- Connecticut
- U.S. Court of Appeals for the First Circuit
- U.S. District Court, District of Connecticut
Education
- Boston University School of Law (J.D., cum laude, 1995)
- Northeastern University (B.S., summa cum laude, 1992)
Andrew G. Wailgum
As a member of the Firm’s Litigation Department and Construction Law Group, Andrew Wailgum represents corporate clients ranging from Fortune 100 Companies and ENR Top 10 companies, to regional mid-sized businesses, to local small businesses on construction and insurance coverage matters.
He chairs Murtha Cullina’s Construction Law Group. In his construction practice, he counsels owners, developers, lenders, general contractors, construction managers, subcontractors and material suppliers regarding all facets of construction work on both private and public projects. His work on public construction projects includes federal projects as well as state and local projects performed under M.G.L. Chapters 30, 149 and 149A.
Andrew represents clients on vertical and horizontal construction and demolition projects including office buildings, student housing, university and private school classroom and laboratory space, hotels, apartments, condominiums, elder housing, retail and office fit-outs, big box and small box retail stores, restaurants, theaters, hospitals, museums, historically significant buildings, athletic fields, golf courses, marine landings, public transit stations, parking garages and bridges.
His work includes the drafting and negotiating of general contracts, construction management agreements, design/build agreements, design professional agreements, subcontracts, joint venture agreements and other construction-related contracts for projects using various delivery systems such as traditional design-bid-build, CM at risk, design-build and integrated project delivery.
Andrew routinely provides real-time advice during projects, assisting clients to avoid potential claims and litigation and to preserve rights in the event that arbitration or litigation cannot be avoided.
In addition, he works with clients on mechanic’s lien formation and dissolution and surety bond claims, as well as change order and delay disputes.
He also advises clients concerning rights to protest public bids and protests leveled against clients’ bids for federal, state and municipal projects.
Andrew represents clients in state and federal courts, as well as in arbitrations and mediations. He is member of the Associated General Contractors of Massachusetts and the American Bar Association’s Construction Forum.
Andrew also lectures on construction law topics for trade associations, continuing education organizations, clients and other organizations.
He also represents corporate policyholders in pursuing claims for insurance coverage from their insurers. The policies at issue have been first-party property policies, commercial general liability policies, as well as director and officer liability policies. Some of the claims Andrew has counseled clients on include coverage for environmental losses, director and officer claims, employment claims, property damage, professional liability claims, business interruption costs, product liability claims and construction damages.
Representative Matters
- Successfully represented construction manager in suit for payment for preconstruction services and preliminary construction work when the owner terminated the project because of unfavorable market conditions. Obtained summary judgment on behalf of construction manager on Owner’s counterclaim, which lead to a favorable settlement of the construction manager’s claim for payment.
- Represented general contractor in obtaining judgment against condominium developer that failed to pay for work performed and had improperly terminated the general contractor, as well as resolving the numerous subcontractor claims that resulted.
- Obtained summary judgment on behalf of general contractor in subcontractor’s suit for payment where subcontractor failed to complete disputed work on a public project. And successfully defended the summary judgment award on appeal to the Massachusetts Appeals Court.
- Successfully represented general contractor in mediation with a state agency concerning a multi-million dollar delay claim on a state bridge project.
- Counseled contractor seeking coverage for theft of materials from a construction project, resulting in coverage.
- Counseled developer on mechanic’s liens recorded on the developer’s property by subcontractors when general contractor became insolvent, advised on strategy for removal of liens, and orchestrated the removal of all liens.
- Associated General Contractors - Massachusetts
- American Bar Association, Construction Forum
- Massachusetts Bar Association
- Boston Bar Association
- Defense Research Institute, Construction Law Committee
- Listed in The Best Lawyers in America® in the area of Construction Law (2016) (Copyright 2015 by Woodward/White, Inc., Aiken, SC)
- Holds an AV® Preeminent™ Peer Rating from Martindale-Hubbell
- Listed in Massachusetts Super Lawyers® (Super Lawyers is a registered trademark of Key Professional Media, Inc.)
- Hopkinton Education Foundation, former Director
- Hopkinton Elementary School Building Committee, former Member
- Muscular Dystrophy Association, Muscle Team Committee Member
As a member of the Firm’s Litigation Department and Construction Law Group, Andrew Wailgum represents corporate clients ranging from Fortune 100 Companies and ENR Top 10 companies, to regional mid-sized businesses, to local small businesses on construction and insurance coverage matters.
He chairs Murtha Cullina’s Construction Law Group. In his construction practice, he counsels owners, developers, lenders, general contractors, construction managers, subcontractors and material suppliers regarding all facets of construction work on both private and public projects. His work on public construction projects includes federal projects as well as state and local projects performed under M.G.L. Chapters 30, 149 and 149A.
Andrew represents clients on vertical and horizontal construction and demolition projects including office buildings, student housing, university and private school classroom and laboratory space, hotels, apartments, condominiums, elder housing, retail and office fit-outs, big box and small box retail stores, restaurants, theaters, hospitals, museums, historically significant buildings, athletic fields, golf courses, marine landings, public transit stations, parking garages and bridges.
His work includes the drafting and negotiating of general contracts, construction management agreements, design/build agreements, design professional agreements, subcontracts, joint venture agreements and other construction-related contracts for projects using various delivery systems such as traditional design-bid-build, CM at risk, design-build and integrated project delivery.
Andrew routinely provides real-time advice during projects, assisting clients to avoid potential claims and litigation and to preserve rights in the event that arbitration or litigation cannot be avoided.
In addition, he works with clients on mechanic’s lien formation and dissolution and surety bond claims, as well as change order and delay disputes.
He also advises clients concerning rights to protest public bids and protests leveled against clients’ bids for federal, state and municipal projects.
Andrew represents clients in state and federal courts, as well as in arbitrations and mediations. He is member of the Associated General Contractors of Massachusetts and the American Bar Association’s Construction Forum.
Andrew also lectures on construction law topics for trade associations, continuing education organizations, clients and other organizations.
He also represents corporate policyholders in pursuing claims for insurance coverage from their insurers. The policies at issue have been first-party property policies, commercial general liability policies, as well as director and officer liability policies. Some of the claims Andrew has counseled clients on include coverage for environmental losses, director and officer claims, employment claims, property damage, professional liability claims, business interruption costs, product liability claims and construction damages.
Representative Matters
- Successfully represented construction manager in suit for payment for preconstruction services and preliminary construction work when the owner terminated the project because of unfavorable market conditions. Obtained summary judgment on behalf of construction manager on Owner’s counterclaim, which lead to a favorable settlement of the construction manager’s claim for payment.
- Represented general contractor in obtaining judgment against condominium developer that failed to pay for work performed and had improperly terminated the general contractor, as well as resolving the numerous subcontractor claims that resulted.
- Obtained summary judgment on behalf of general contractor in subcontractor’s suit for payment where subcontractor failed to complete disputed work on a public project. And successfully defended the summary judgment award on appeal to the Massachusetts Appeals Court.
- Successfully represented general contractor in mediation with a state agency concerning a multi-million dollar delay claim on a state bridge project.
- Counseled contractor seeking coverage for theft of materials from a construction project, resulting in coverage.
- Counseled developer on mechanic’s liens recorded on the developer’s property by subcontractors when general contractor became insolvent, advised on strategy for removal of liens, and orchestrated the removal of all liens.
- Associated General Contractors - Massachusetts
- American Bar Association, Construction Forum
- Massachusetts Bar Association
- Boston Bar Association
- Defense Research Institute, Construction Law Committee
- Listed in The Best Lawyers in America® in the area of Construction Law (2016) (Copyright 2015 by Woodward/White, Inc., Aiken, SC)
- Holds an AV® Preeminent™ Peer Rating from Martindale-Hubbell
- Listed in Massachusetts Super Lawyers® (Super Lawyers is a registered trademark of Key Professional Media, Inc.)
- Hopkinton Education Foundation, former Director
- Hopkinton Elementary School Building Committee, former Member
- Muscular Dystrophy Association, Muscle Team Committee Member
- June 21, 2018 - Construction Group News: Contractor's Intentional and Material Breach of Contract Does Not Automatically Bar Claim For Work Performed
- November 17, 2017 - Can a CCIP Provide Workers' Compensation Immunity for Claims by Injured Employees of Subcontractors?
- November 1, 2016 - Construction Group News: What Happens in Mediation Stays in Mediation
- May 10, 2016 - Andrew Wailgum and Sara Bryant featured in New England Real Estate Journal
- January 26, 2016 - Construction Group News: Arbitrators' Award of Attorney's Fees Thrown Out Because the Parties' Agreement Did Not Provide for It
- January 13, 2016 - Construction Group News: Home Improvement Contractor Liable Under MGL c. 93A for Building Code Violations Despite Owner Directing Contractor to Perform Work in that Manner
- October 22, 2015 - Construction Group News: MA Appeals Court Ruling: Contractor Justified Not Paying Subcontractor That Refused To Perform Work
- June 22, 2015 - Construction Law Group News - Thinking of Using a Drone on Your Construction Project? Think Twice.
- May 11, 2015 - Construction Group News: 2 Examples of Why Your Contract Language Matters
- March 25, 2015 - A Cautionary Tale for Penny Bidding - Construction Law Group News
- September 2014 - Public-Private Partnerships: New Solution for First-Class Infrastructure?
- Construction Law Group News February 2014
- Contractor Cannot Sue DCAM Seeking Money Damages for Denial of Certification - Construction Law Group News
- Construction Law Group News - Insurance 101 for Contractors: What You Should Know - Part 3
- Construction Law Group News: Insurance 101 for Contractors - What You Should Know - Part 2
- Construction Law Group News - May 2012
- Construction Law Group News, November 2011
- Tenant's Contractor Entitled to Lien Against Owner's Property
- Massachusetts Adopts a Prompt-Pay Law for Private Construction Projects
- Commonwealth of Massachusetts
- U.S. District Court, District of Massachusetts
- Connecticut
- U.S. Court of Appeals for the First Circuit
- U.S. District Court, District of Connecticut
- Boston University School of Law (J.D., cum laude, 1995)
- Northeastern University (B.S., summa cum laude, 1992)
