Kristen R. Ragosta

Kristen Ragosta is an experienced litigator who counsels, defends and manages risk for businesses and individuals. Kristen focuses on strategically resolving disputes for clients in the construction industry, including contractors and design professionals. She also counsels clients regarding employer-employee issues such as non-compete agreements, wage and hour claims, FMLA and other leave, disability accommodation, and more. Her well-rounded background provides additional expertise in tort, breach of contract, landlord tenant, premises liability, personal injury, environmental and asbestos, criminal, probate, real estate, Dram Shop, and insurance coverage matters.

Clients look to Kristen for her deep experience navigating complex transactions and disputes that arise during all phases of construction projects, and during business operations.   She has conducted over 100 trials in federal and state courts, as well as administrative proceedings during pre-litigation and alternative dispute resolution processes such as mediation and arbitration. Kristen relentlessly focuses on her clients’ business objectives to define and achieve desired outcomes.

After obtaining a business administration degree and graduating from law school, Kristen served as an Assistant District Attorney for the Middlesex County District Attorney’s Office. Subsequently, Kristen has been zealously advocating for business clients for over 10 years in private practice.

Kristen is ranked by Super Lawyers as a top rated Rising Star in Construction Litigation in Boston. This designation is limited to the top 5% of attorneys in New England. She is also a graduate of the MCLE Trial Advocacy Workshop.

Representative Experience

Representative Construction Experience

  • Obtained dismissal from two lawsuits with claims totaling over $800 million concerning design and construction of permanent structures and bored tunnel for major roadway renovation project.
  • Orchestrated multi-part resolution process for approximately 1000 claims for errors and omissions, cost overruns, change orders, and delays with damages exceeding $200 Million; settling claims for a fraction of the amount sought on a major subway extension project.
  • Successfully assisted client to resolve at mediation a claim seeking over $12 million related to design and construction of domestic water treatment and distribution system at an NFL stadium; settling the claim for less than a 1/5 of the demand and paying the least of any other defendant.
  • Negotiated pre-trial settlement and dismissal of litigation against design team related to claimed errors, omissions, delays and cost overruns, primarily with respect to a geothermal heating and cooling system, on research and administration building for major Massachusetts University, obtaining a settlement that was well below the $2 Million pre-trial demand despite the University’s having incurred over $1 Million in defense costs.
  • Negotiated pre-trial settlement and dismissal of design team from multi-party litigation involving a failed exterior concrete panel connection that fell and seriously injured a construction worker.
  • Obtained dismissal from litigation based on contractual arbitration clause in action involving damages sustained when a manhole fire spread to a museum.
  • Convinced State Transportation Authority to withdraw and forgo litigation of its claim against the designer related to alleged errors, omissions and defects in the design and installation of the corrosion protection system specified for suspension bridge cables.
  • Worked jointly with local counsel to obtain defense verdict in 6-year International Arbitration, resulting in client’s recovery of defense costs.

Representative Employment / Discrimination Experience

  • Achieved mediated settlement of sexual harassment, disability discrimination and retaliation claim pending before the Massachusetts Commission against Discrimination on behalf of insurer for global software service provider.
  • Advised Realty Company throughout negotiation and resolution of Housing Discrimination Complaint before Office of Fair Housing, Massachusetts Commission against Discrimination, and Department of Housing and Urban Development.

Representative General Litigation Experience

  • Represented pharmaceutical testing laboratory in Federal Court, Multi-District Litigation involving over 300 personal injury lawsuits; including multiple wrongful death actions and allegations of negligence, breach of warranty, and pain and suffering; and successfully resolved all claims within available insurance limits at mediation.
  • Represented a public school, Information Technology Technician in pre-trial and trial proceedings adjudicating claims asserted by a teacher and a principal alleging Civil Rights Violations, Invasion of Privacy, Defamation, Intentional Interference with a Business Relation, Intentional Infliction of Emotional Distress; obtaining settlement and dismissal during trial with no direct payment from client despite offer of payment extended by client in advance of trial.
  • Obtained summary judgment and dismissal of lawsuit arising out of personal injury sustained at client’s restaurant.
  • Negotiated settlement for nuisance value of a negligence and wrongful death, asbestos related claim asserted against multinational, industrial conglomerate.

Professional Associations

  • Massachusetts Bar Association – Design and Construction Law Group
  • National Association of Women in Construction
  • Rhode Island Bar Association
  • Women’s Bar Association

Publications

  • The Meaning Behind the ‘Your Work’ Insurance Coverage Exclusion
  • Punitive Damages Claims Against an Accounting Professional May Be Allowed to Proceed Based on Gross Negligence. The Accountant/Attorney Liability Reporter (Nov. 2016)
  • Supreme Court Rules That Grounds for Judicial Review of an Arbitration Award Cannot be altered by a Contract. Design & Construction Management Professional Reporter (April 2016)
  • Expecting the Unexpected: Using Standard Construction Contingency to Establish Minimum Design Standard of Care. Design & Construction Management Professional Reporter (April 2016)
  • Speaker, Standard of Care: Is it Changing? Donovan Hatem Design Professional Roundtable (June 2014)
  • California Court Allows City to Assert Claims Against Design Professional Absent Privity of Contract. Design & Construction Management Professional Reporter (September 2012)
  • Florida Court Bars Limitation of Liability Provisions in Professional Negligence Cases against Individual Professionals. Design & Construction Management Professional Reporter ( March/April 2011)

Contact

Practice Areas

  • Complex Business Litigation

  • Construction Litigation and Risk Management

  • Professional Liability Defense and Risk Management

  • Employment and Discrimination Law

  • Tort and Contract Law

  • Health Care Technology

  • Life Sciences

Admissions

  • Massachusetts

  • New York

  • Rhode Island

  • United States District Court – Massachusetts

  • United States Court of Appeals -First Circuit

  • United States Bankruptcy Court – Massachusetts

Education

  • Suffolk University School of Law (J.D. 2005)

  • University of New Hampshire, Whittemore School of Business and Economics (B.S. 2002)