Eric Penley

Eric Penley is a seasoned advocate and adviser who represents general contractors, design professionals, subcontractors, developers, and other stakeholders in complex construction disputes involving design or construction defects, delay claims, bid protests, payment disputes, warranty claims, and alleged breaches of contract.

Eric Penley

Senior Counsel

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+1 857.284.8155

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+1 617.206.1998

“P&A optimizes outcomes by listening carefully to our clients’ objectives and crafting our services to align with their business opportunities and challenges.”

Eric Penley

Bio

Eric regularly represents clients in the construction and infrastructure industry and others before state and federal trial courts, appellate courts, and in arbitration. He also has a strong background in complex business litigation, class actions, and government investigations, including many national and international matters for technology, financial services, and health care services clients.

Eric’s experience includes representation of:

  • A power-generation systems contractor in a $4 million dispute involving its subcontractor’s failure to meet contractual performance guarantees in supplying high-capacity natural gas-burning components to a large power-generating plant in North Carolina.
  • A runner-up bidder challenging a $38 million contract award by the Massachusetts Department of Transportation for an interstate bridge rehabilitation project near Boston.
  • A general contractor in a $1.5 million payment dispute with an American Indian tribe
    in connection with a large residential project on Cape Cod.
  • A renewable power generation company in a contract dispute related to upgrades to a hydroelectric power plant in Massachusetts.
  • A real estate developer in a multimillion-dollar dispute with the general contractor for an 8-unit “super-luxury” condominium conversion project in Boston that experienced significant water damage when construction was nearly complete.
  • A structural engineer in a dispute with an architect regarding alleged defects in the construction of a multimillion-dollar residential home in Connecticut.

Before joining P&A, Eric practiced at a highly regarded international law firm and in the Construction and Litigation practice groups of a 100-lawyer New England-based firm.

Eric is a member of the Boston Bar Association and the AGC and was named a 2021 Rising Star in Construction by Massachusetts Super Lawyers.  He graduated magna cum laude and Phi Beta Kappa from Bowdoin College and earned his J.D. at the University of Virginia School of Law, where he was Articles Editor of the Virginia Law & Business Review.

Practice

Highlights

Admissions

State of Massachusetts

State of Maine

U.S. District Court for the District of Massachusetts

Memberships

Associated General Contractors of America

Associated Subcontractors of Massachusetts, Inc.

Boston Bar Association

Education and Courses

Bowdoin College, B.A., magna cum laude and Phi Beta Kappa

University of Virginia School of Law, J.D.

Awards and Recognitions

Massachusetts Super Lawyers, Rising Stars, 2021