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Mark E. Haddad

Administrative Partner (Boston)
+1.617.261.3116
Fax +1.617.261.3175
Mr. Haddad is a partner in the Boston office of K&L Gates. He concentrates his practice in the areas of construction litigation, business dispute resolution and securities enforcement. In the construction area, Mr. Haddad has arbitrated and litigated, in both federal and state courts, numerous construction related disputes on behalf of owners, engineers, general contractors, and specialty sub-contractors in matters involving heavy and highway, pulp and paper and general building construction industries. His experience includes work on insurance and bonding claims, time and delay disputes, clean-room construction issues, mechanics lien and Miller Act claims, and construction defect and design cases. He has negotiated and mediated numerous multi-party, multi-issue construction defect and delay cases. In the business dispute resolution area, Mr. Haddad has served as lead counsel for clients ranging from Fortune 50 companies to privately held businesses in the areas of shareholder disputes, breach of fiduciary duties, securities claims, business torts, breach of commercial and construction contracts, real estate and environmental issues, and policyholder insurance claims. In the securities enforcement area, he represents investment companies, broker-dealers and other financial institutions in investigations and administrative proceedings brought by the Securities and Exchange Commission, NASD and various other state and federal agencies.

Professional Background

Mr. Haddad joined K&L Gates as a partner in 1993. Mr. Haddad is a member of K&L Gates’ firm-wide Management Committee, a position he has held since 2000. Mr. Haddad also is the Administrative Partner of the Boston Office and is responsible for the day to day operations of a full service legal office with over 100 lawyers and some 200 employees. He has addressed industry groups and professional associations on a variety of issues related to his dispute resolution and securities enforcement practice.

Achievements

Mr. Haddad holds an AV Preeminent rating from Martindale-Hubbell.

Professional/Civic Activities

  • American Bar Association, Civil Litigation Section
  • Boston Bar Association, Civil Litigation Section
  • Massachusetts Bar Association, Civil Litigation Section
  • 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.
  • 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, which focused on the day to day operations over a 45 year period of a 3500 acre plant site used for the refinement of bauxite into alumina and the manufacture of steel ingots, and multiple associated chemical processes.
  • Trial counsel for two Fortune 50 chemical concerns in suits in Texas and Pennsylvania against the Union Pacific Railroad Company for systemic service deficiencies resulting from the “transportation emergency” in the aftermath of United Pacific’s merger with the Southern Pacific Railroad Company. Mr. Haddad also assisted five other chemical companies in the resolution of their claims against Union Pacific.
  • 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 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.
  • 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 for a general contractor involving a multi-million dollar mechanics lien issue involving a $40 million HUD financed nursing care facility.
  • 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 attorneys fees awarded under M.G.L. c. 93A.
  • 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.
  • Counsel for a national commercial property owner in a multi-million dollar “sick building syndrome” insurance coverage dispute in Massachusetts and Illinois.
  • Trial counsel for a global 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.
  • Lead arbitration counsel for an international broker-dealer firm in a multi-claim dispute concerning alleged negligently maintained brokerage accounts and turning.
  • Trial counsel for a global technology company in an AAA arbitration involving the defense of a multi-million dollar claim for alleged deficiencies arising out of design, development and implementation of certain product lines.
  • Trial counsel for a global technology consulting firm in two separate proceedings in the Massachusetts Superior Court involving claims to enforce restrictive covenants of employment contracts and confidential and trade secret obligations of former senior management personnel.
  • Counsel for an international investment advisor in the investigation and negotiation of claims by the SEC involving market timing.
  • Counsel for regional-based investment advisor in an internal investigation and successful resolution of claims associated with Madoff scheme of investments.
  • Trial counsel in two AAA arbitrations in New York and Texas for an investment advisory concern involving multi-million dollar claims arising out of various investment advisory services and related activities.
  • Counsel to national investment advisor in state attorney general investigation of investments involving a foreign shell corporation.