Patricia B. Gary
Patricia Gary is Of Counsel at Kenney & Sams. She is a litigator who handles complex commercial disputes for individuals and businesses across a broad range of industries. She is experienced in all kinds of litigation including employment, real estate, business torts, general liability, and professional liability matters. With deep experience representing clients throughout the construction industry on all types of private and public sector projects, Trish successfully litigates numerous construction disputes for both plaintiffs and defendants in state and federal courts. General contractors, subcontractors, owners, architects, and engineers rely upon Trish for legal advice in drafting and negotiating their contracts to carefully allocate risks and responsibilities, and minimize exposure. Clients appreciate her ability to resolve complicated legal issues efficiently and successfully.
Trish also concentrates her practice in the areas of insurance coverage litigation and advice, including bad faith litigation. She has briefed and argued over forty appeals before the Massachusetts Appeals Court, Supreme Judicial Court, and U.S. Courts of Appeals for the First and Second Circuits in the areas of professional malpractice, breach of contract, insurance coverage, intellectual property, trade secrets, unfair competition, False Claims Act, anti-trust, lender liability, bankruptcy, premises liability, product liability, and land use matters.
A prolific author, Trish frequently contributes to industry publications and books. Her most recent book, Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers, of which she is a co-editor and contributing author, provides risk management advice regarding design-build (DB) and public-private partnership (P3) project delivery methods on bridge, tunnel, rail, transit, water and other public infrastructure projects. She authored Chapter 13, The Future of Megaprojects, Megaprojects: Challenges and Recommended Practices, published by the American Council of Engineering Companies. Additionally, she co-authored the American Bar Association’s Chapter 4, Architect-Engineer Contracting, Federal Government Construction Contracting. She is often invited to lecture on risk management issues related to climate change resiliency.
Prior to joining Kenney & Sams, Trish was a partner in the litigation department of a prominent Boston law firm where she handled the full spectrum of litigation matters. After graduating from law school, she served as a law clerk to Chief Justice David A. Brock of the New Hampshire Supreme Court.
- Successfully briefed and argued over forty appeals in jurisdictions including Massachusetts, New York, Connecticut and New Hampshire.
- Obtained summary judgment for an engineering firm in a $10 million subrogation lawsuit for property damage to a condominium complex and recovered attorneys’ fees and defense costs under a contractual indemnification provision.
- Obtained summary judgement for structural engineer and a court order that owner of college parking facility breached its duty to defend the engineer under indemnification provision in the parties’ contract and recovered attorneys’ fees and defense costs incurred by the engineer in underlying, multi-million dollar lawsuit for personal injuries.
- Successfully argued summary judgment motion on behalf of engineer client and obtained dismissal of $10 million lawsuit by Connecticut utility company alleging damage to electrical ducts. As part of declaratory judgment, awarded attorneys’ fees and defense costs.
- Successfully defended prominent Boston law firm and its attorneys against $600,000 legal malpractice claim, through summary judgment and appeal.
- Obtained and protected $2 million c. 93A judgment for product designer after 6-day jury trial in Suffolk Business Litigation Session, based on theft of trade secrets, and defeated Rule 60(b) proceeding to open judgment. Both judgments affirmed by the Massachusetts Appeals Court, with award of appellate attorneys’ fees.
- Massachusetts Bar Association
- New Hampshire Bar Association
- Co-Editor and Author, Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers, Second Edition, published by American Council of Engineering Companies, 2017.
- Author, Chapter 5, “The History of DB and P3 Project Delivery in the United States: Ethical and Public Interest Considerations.”
- Co-Editor and Author, Public-Private Partnerships: Opportunities and Risks for Consulting Engineers, published by American Council of Engineering Companies, 2014.
- Author, Chapter 6, “Ethical and Public Interest Considerations on P3 Projects.”
- Author, Chapter 13, “The Future of Megaprojects,” Megaprojects: Challenges And Recommended Practices, published by American Council of Engineering Companies, 2010.
- Co-Author, Chapter 4, Architect-Engineer Contracting, Federal Government Construction Contracting, published by American Bar Association, 2010.
- Author, “Climate Change, Sustainability and Resiliency Considerations In Design: Professional Liability Risk Issues for Consulting Engineers,” ACEC Insights, American Council of Engineering Companies (Fall 2017).
- Author, “Ancient Doctrine Protects State Against Statutes of Limitation and Repose,” ACEC Insights, American Council of Engineering Companies of Massachusetts (Fall 2013).
- Author, “The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation, 50th Annual Meeting Of Invited Attorneys,” published by Victor O. Schinnerer & Company, Inc. and CNA (2011).
- Author, “Electronic Discovery: Following the Paperless Trail,” Vol. 93, Massachusetts Law Review 265 (September 2010).
- Author, “Use of Rental Income In A Chapter 11 Case,” Boston Bar Journal, Vol. 25, No. 4 (1991).
- Panelist, “Climate Change and Resilient Design,” ACEC Spring Conference, Washington D.C., May 2019.
- Panelist, “Do Design Professionals Own the Risk of Climate Change?” DH Design Professional Roundtable, Boston, MA, March 2019
- Panelist, “Climate Change and Resilient Design: Risk Management Considerations for Engineers” ACEC Fall Conference, Las Vegas, NV, October 2018.
- Panelist, “A Look Back at What’s Ahead: A Review of 2017 and Recent Cases
- Impacting Design Professionals,” DH Design Professional Roundtable, Boston, MA, February 2018.
- Panelist, “Climate Change and Design: What do Owners want from their Design Professionals?” DH Design Professional Roundtable, Boston, MA, January 2018.
- Panelist, “An Update on the Big Three: Green/LEED, Building Information Modeling and Integrated Project Delivery,” DH Design Professional Roundtable, Boston, MA, October 2012.