
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
Andrew Wailgum, a partner, is a member of the firm’s Litigation Department and serves as chair of the firm's Construction Law Group. Andrew represents corporate clients on construction and insurance coverage matters.
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 a member of the Associated General Contractors of Massachusetts and the American Bar Association’s Forum on Construction Law.
Andrew also lectures on construction law topics for trade associations, continuing education organizations, clients and other organizations.
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.
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Drafted and negotiated Architect and Construction Manager agreements for $200,000,000 ground-up building for office and lab space.
-
Drafted and negotiated multiple designer and contractor agreements for substantial redevelopment of commercial campus for office and lab space.
-
Drafted and negotiated hundreds of designer and contractor agreements on behalf of project owners and contractors for projects of varying sizes, scopes and delivery systems.
- Associated General Contractors - Massachusetts
- American Bar Association, Construction Forum
- Massachusetts Bar Association
- Boston Bar Association
- Listed as leading Construction lawyer in Chambers USA, Chambers & Partners-Publishing (Chambers.com)
- 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, Former Muscle Team Committee Member
- August 19, 2021 - 40 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition
- May 21, 2021 - Murtha Cullina LLP Recognized by Chambers USA
- August 20, 2020 - 48 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition
- April 23, 2020 - Murtha Cullina LLP Recognized by Chambers USA
- October 30, 2019 - 37 Murtha Cullina LLP Attorneys Receive Super Lawyers Recognition
- August 15, 2019 - 33 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition; Four Named “Lawyer of the Year”
- August 15, 2018 - 32 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition; Two Named Lawyer of the Year
- August 15, 2017 - 35 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition; Three Named “Lawyer of the Year”
- August 16, 2016 - Attorneys Receive "Best Lawyers" Recognition
- August 19, 2015 - Attorneys Receive "Best Lawyers" Recognition
- May 1, 2019 - Andrew Wailgum to present "Key Issues in Negotiating Subcontracts" at a seminar for the Associated General Contractors of Massachusetts
- April 27, 2017 - Andrew Wailgum to participate in panel on "Risky Business in the Construction Industry, Identifying and Overcoming Business Blind Spots”
- March 8, 2016 - Andrew Wailgum spoke at a Construction Financial Management Association meeting on “Legal Issue Spotting and Dispute Resolution.”
Andrew Wailgum, a partner, is a member of the firm’s Litigation Department and serves as chair of the firm's Construction Law Group. Andrew represents corporate clients on construction and insurance coverage matters.
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 a member of the Associated General Contractors of Massachusetts and the American Bar Association’s Forum on Construction Law.
Andrew also lectures on construction law topics for trade associations, continuing education organizations, clients and other organizations.
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.
-
Drafted and negotiated Architect and Construction Manager agreements for $200,000,000 ground-up building for office and lab space.
-
Drafted and negotiated multiple designer and contractor agreements for substantial redevelopment of commercial campus for office and lab space.
-
Drafted and negotiated hundreds of designer and contractor agreements on behalf of project owners and contractors for projects of varying sizes, scopes and delivery systems.
- Associated General Contractors - Massachusetts
- American Bar Association, Construction Forum
- Massachusetts Bar Association
- Boston Bar Association
- Listed as leading Construction lawyer in Chambers USA, Chambers & Partners-Publishing (Chambers.com)
- 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, Former Muscle Team Committee Member
- August 19, 2021 - 40 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition
- May 21, 2021 - Murtha Cullina LLP Recognized by Chambers USA
- August 20, 2020 - 48 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition
- April 23, 2020 - Murtha Cullina LLP Recognized by Chambers USA
- October 30, 2019 - 37 Murtha Cullina LLP Attorneys Receive Super Lawyers Recognition
- August 15, 2019 - 33 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition; Four Named “Lawyer of the Year”
- August 15, 2018 - 32 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition; Two Named Lawyer of the Year
- August 15, 2017 - 35 Murtha Cullina Attorneys Receive “Best Lawyers in America” Recognition; Three Named “Lawyer of the Year”
- August 16, 2016 - Attorneys Receive "Best Lawyers" Recognition
- August 19, 2015 - Attorneys Receive "Best Lawyers" Recognition
- June 22, 2022 - MA Appeals Court: Contractor's Pay Applications Deemed Approved for Owner's Failure to Comply with Prompt Pay Law
- January 6, 2021 - Construction Group News: Trial Court Strictly Construes Massachusetts Prompt Pay Law Against Owner
- May 18, 2020 - Construction Group News: Massachusetts Allows All Construction to Proceed Effective May 18, 2020, Provided There's Compliance with Mandatory Safety Standards
- April 1, 2020 - Construction Group News: Massachusetts COVID-19 Response: Governor Baker's 3-31-20 Order Narrows Definition of Essential Services to Limit Permitted Construction Activities
- March 26, 2020 - Construction Group News: Massachusetts COVID-19 Response: Governor Baker Issues Guidance for Construction as “Essential Services”
- 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
- May 1, 2019 - Andrew Wailgum to present "Key Issues in Negotiating Subcontracts" at a seminar for the Associated General Contractors of Massachusetts
- April 27, 2017 - Andrew Wailgum to participate in panel on "Risky Business in the Construction Industry, Identifying and Overcoming Business Blind Spots”
- March 8, 2016 - Andrew Wailgum spoke at a Construction Financial Management Association meeting on “Legal Issue Spotting and Dispute Resolution.”
- 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)