Patricia Gary

Partner

Patricia.Gary@lewisbrisbois.com

Patricia Gary is a partner in the Boston office of Lewis Brisbois and a member of the Insurance Coverage and Bad Faith Litigation Practices. Patricia represents clients in complex commercial disputes across a broad range of industries, including professional liability actions against architects, engineers, and other professionals. She specializes in the areas of insurance coverage litigation and advice and has successfully tried bad faith cases to conclusion.

Patricia also specializes in appellate advocacy. She has briefed and argued over forty appeals before the Massachusetts Appeals Court, Supreme Judicial Court, New York Appellate Division, and the U.S. Courts of Appeals for the First and Second Circuits in the areas of professional malpractice, construction, breach of contract, insurance coverage, trusts, intellectual property, trade secrets, unfair competition, False Claims Act, anti-trust, lender liability, bankruptcy, premises liability, product liability, and land use matters. 

Patricia was recognized as a 2021 Top Lawyer by Boston Magazine in Appellate Law. After law school, she served as a law clerk to Chief Justice David A. Brock of the New Hampshire Supreme Court.

Primary Area(s) of Practice

  • Insurance Coverage
  • Bad Faith Litigation
  • Appellate

Associations

  • Massachusetts Bar Association
  • New Hampshire Bar Association

Awards & Honors

  • 2021 Top Lawyer, Boston Magazine, Appellate Law.  

Professional Presentations

  • Moderator, "Integrating Climate-Resilience Into Critical Public Infrastructure: Emerging Trends in Design, Risk Mitigation, and Insurance," ACEC Webinar, February 2023
  • Panelist, American Bar Association, Forum on Construction Law, 2022 Fall Meeting, Plenary 5, “Climate Change and its Impact on the Construction Industry: Building Codes, Design Standards, Professional Standards of Care, and Much More,” September 2022, Memphis, Tennessee
  • Moderator, “Book Talk” Climate Change and the Built Environment, AIA Center for Architecture, New York, NY, June 2022
  • Speaker, “Legal, Insurance & Contracting Practices,” ACEC Webinar, June 14, 2022
  • Program Chair, ACEC 3-Part On-Line Webinar Series: “Climate Change and the Built Environment,” June 7, 14, 21, 2022
  • Chair and Panelist, “Climate Change: Evolving Trends In Insurance, Asset Management and Contracting Practices,” ACEC Annual Convention and Legislative Summit, Washington D.C., May 2022
  • Moderator and Speaker, “Climate Change and Design: Integrating Mitigation and Adaptation into Your Practice,” DH Design Professional Roundtable, Boston, MA, May 2022
  • Podcast, “Climate Change and the Roles—And Responsibilities—of the Design Professional,” ACEC Engineering Influence Podcast, April 2022.
  • Program Chair and Panelist, “Climate Change and the Built Environment: Current Thinking for Design Professionals” ACEC Fall Conference, October 2021, Marco Island, Florida
  • Speaker, “Climate Change and Recent Developments in Massachusetts Law,” Half Moon Education, Law for Massachusetts Architects, September 2021.
  • Speaker, “Climate Changes Everything,” Environmental Business Council New England’s Third Annual Climate Change and Resiliency Summit, July 2021.
  • Program Chair and Panelist, “Climate Change: Recent Developments in Massachusetts Law,” Massachusetts Bar Association, Boston, MA, June 2021
  • Panelist, “Climate Change: New and Emerging Trends,” DH Design Professional Roundtable, Boston, MA, March 2021.
  • Panelist, “Climate Change and Resilient Design,” ACEC Annual Convention and Legislative Summit, 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, Nevada, 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.

Education

Suffolk University School of Law

Juris Doctor, cum laude

  • Articles Editor and Staff Member of the Suffolk University Law Review
  • Recipient of Best Brief Award, Moot Court Competition

Middlebury College

Bachelor of Arts in English and Fine Art 

Appellate Decisions

  • H1 Lincoln, Inc. v. South Washington Street, LLC, 489 Mass. 1 (2022) [Amici Curiae Brief on behalf of AIA and ACEC]
  • Petric & Assoc., Inc. v. Travelers Cas. & Sur. Co., (“Petric II”) 196 A.D.3d 518, 146 N.Y.S.3d 847 (N.Y. App. Div. 2d Dep’t 2021) 
  • Petric & Assoc., Inc. v. Travelers Cas. & Sur. Co., (“Petric I”) 196 A.D.3d 520, 146 N.Y.S.3d 424 (N.Y. App. Div. 2d Dep’t 2021) 
  • DeCicco v. 180 Grant Street, LLC, 95 Mass. App. Ct. 1113 (2019) rev. in part, 484 Mass. 1037 (2020).
  • Rawan v. Continental Casualty Co., 483 Mass. 654 (2019) [Amici Curiae Brief on behalf of AIA and ACEC]
  • Hudson Specialty Ins. Co. v. Haley & Aldrich, Inc., 159 A.D.3d 1344, 73 N.Y.S.3d 812 (N.Y. App. Div. 4th Dep’t 2018)
  • Certain Underwriters at Lloyd’s, London v. Atlantic Constr. Servs., Inc., 92 Mass. App. Ct. 1123 (2018)
  • Jordan’s Furniture, Inc. v. Carter & Burgess, Inc., 91 Mass. App. Ct. 1102 (2017)
  • Van Liew v. Kurland, 91 Mass. App. Ct. 1120 (2017)
  • Ferri v. Powell-Ferri, 476 Mass. 651 (2017)
  • Diaz v. Ulen, 91 Mass. App. Ct. 1108 (2017)
  • Merchants Insurance Group v. Spicer, 88 Mass. App. Ct. 262 (2015)
  • Resto v. Delgado, 86 Mass. App. Ct. 1117 (2014)
  • CBI Consulting, Inc. v. Trustees of Boston College, 84 Mass. App. Ct. 1111, 2013 WL 5309753 (2013)
  • Seaver Electric, Inc. v. J.F. White Contracting Co, Inc., 84 Mass. App. Ct. 1105 (2013)
  • Massachusetts Housing Opportunities Corp. v. Whitman & Bingham Associates, P.C., 83 Mass. App. Ct. 325 (2013)
  • State of Connecticut v. Lombardo Bros. Mason Contractors, Inc., 307 Conn. 412, 54 A.3d 1005 (2012)
  • LeBlanc v. Logan Hilton Joint Venture, 463 Mass. 316 (2012)
  • Troy Industries, Inc. v. Samson Mfg. Corp. (“Troy I”) (2009-P-1571), 81 Mass. App. Ct. 1122 (2012), review denied, 462 Mass. 1108 (2012)
  • Troy Industries, Inc. v. Samson Mfg. Corp. (“Troy II”) (2011-P-443), 81 Mass. App. Ct. 1123 (2012)
  • Troy Industries, Inc. v. Samson Mfg. Corp. (“Troy III”) (2011-P-444), 81 Mass. App. Ct. 1124 (2012)
  • Arcadd, Inc. v. Patterson, 80 Mass. App. Ct. 1111 (2011), rev. denied, 461 Mass. 1103 (2011)
  • LeBlanc v. Logan Hilton Joint Venture, 78 Mass. App. Ct. 699 (2011), rev. granted, 460 Mass. 1101 (2011)
  • Otto v. Melman, 80 A.D.3d 738, 915 N.Y.S.2d 503 (N.Y.A.D. 2 Dept. 2011), leave to appeal denied, 7 N.Y.3d 703, 953 N.E.2d 1088 (2011)
  • Wood ex rel. U.S. v. Applied Research Associates, Inc., 328 Fed. Appx. 744, 2009 WL 2143829 (2d. Cir. 2009), cert. denied, Wood v. Applied Research, Inc., 130 S. Ct. 1285, 175 L.E.2d 1105 (2010)
  • Troy Industries, Inc. v. Samson Mfg. Corp., 76 Mass. App. Ct. 575 (2010)
  • Clerger v. Commerce Ins. Co., 46 Mass. App. Ct. 11 (1998), rev. denied, 707 N.E.2d 1079 (1999)
  • Fordham v. Business Equip. Corp., 40 Mass. App. Ct. 1123), rev. denied, 423 Mass. 1106 (1996)
  • O’Brien v. Christensen, 422 Mass. 281 (1996)
  • Cheschi v. Boston Edison Co., 39 Mass. App. Ct. 133 (1995), rev. denied, 421 Mass. 1102 (1995)
  • Resendes v. Boston Edison Co., 38 Mass. App. Ct. 344 (1995), rev. denied, 420 Mass. 1105, 651 N.E.2d 410 (1995)
  • Backman v. Lilly, 38 Mass. App. Ct. 1104 (1995)
  • Palhares v. Ritz Carlton Hotel, 36 Mass. App. Ct. 1101 (1994)
  • Hartford Cas. Ins. Co. v. New Hampshire Ins. Co., 417 Mass. 115 (1994)
  • Jillian’s Billiard Club of America, Inc. v. Beloff Billiards, Inc., 35 Mass. App. Ct. 372 (1993) rev. denied, 416 Mass. 1108 (1993)
  • Flood v. Southland Corp., 416 Mass. 62 (1993)
  • Remco Distributors, Inc. v. Oreck Corp., 981 F.2d 1245 (1st Cir. 1992)
  • Garside v. Osco Drug, Inc., 976 F.2d 77 (1st Cir. 1992)
  • Sure-Snap Corp. v. State Street Bank & Trust Co., 948 F.2d 869 (2d Cir. 1991)

Publications

Books

  • Lead Editor and Author, Climate Change and the Built Environment, P. Gary and L. Churchill eds., American Council of Engineering Companies (January 2022)
  • Co-editor, Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers, Author, Chapter 5, “Public Interest Considerations in P3 and Design-Build Projects: A Historical Perspective,” American Council of Engineering Companies (3d ed. March 2020)
  • Co-editor, Public-Private Partnerships and Design-Build: Opportunities and Risks for Consulting Engineers, Author, Chapter 6, “The History of DB and P3 Project Delivery in the United States: Ethical and Public Interest Considerations,” American Council of Engineering Companies (2d ed. January 2017)
  • Co-editor, Public-Private Partnerships: Opportunities and Risks for Consulting Engineers, Author, Chapter 6, “Ethical and Public Interest Considerations on P3 Projects,” American Council of Engineering Companies (1st ed. January 2014)
  • Author, Chapter 13, “The Future of Megaprojects,” Megaprojects: Challenges and Recommended Practices, D. Hatem and D. Corkum ed., American Council of Engineering Companies (2010)
  • Contributing Author, Chapter 4, “Architect-Engineer Contracting,” Federal Government Construction Contracting, A. Bastianelli III, A. Ness, J. West, ed. American Bar Association (2010)

Articles

  • Author, Supreme Judicial Court Articulates A New Test For Determining The Enforceability Of Contractual Provisions That Limit Liability For Violations Of G.L. c. 93A, §11 (January 2022)
  • Author, Supreme Judicial Court Clarifies That “All” Statutes of Limitations Were Tolled By Its COVID-19 Tolling Orders (September 2021)
  • Author, Climate Change, Sustainability and Resiliency Considerations In Design: Professional Liability Risk Issues for Consulting Engineers, ACEC Insights, American Council of Engineering Companies of Massachusetts (Fall 2017)
  • Author, Ancient Doctrine Protects State Against Statutes of Limitation and Repose, ACEC Insights, American Council of Engineering Companies of Massachusetts (Fall 2013)
  • Co-Author, The Evolution of Wrongful Death and Serious Personal Injury Claims in Construction Litigation50th Annual Meeting Of Invited Attorneys, published by Victor O. Schinnerer & Company, Inc. and CNA (2011)
  • Co-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)