Overview

A tough litigator who focuses on construction law and litigation and professional and general liability, Kelly Martin Malone earned her stripes as a Chicago and Boston prosecutor, convening numerous grand juries and conducting scores of bench and jury trials. That extensive trial experience has helped her successfully litigate complex matters in an array of practice areas in state and federal courts in numerous jurisdictions in New England. Kelly represents construction managers, general contractors, design professionals and subcontractors as both plaintiffs and defendants in complex construction disputes. She assists restaurant owners with licensing issues and claims arising from the operation of their businesses. Kelly advises clients on risk management issues and construction contracts and project issues, as well as the drafting of employment, safety and policy and procedure manuals. She often represents insurance companies and their insureds accused of tort claims, as well as small businesses involved in commercial disputes.  Kelly serves as Regional Counsel for a national home improvement retailer for all general liability litigation in New England.  She also handles criminal and personal injury matters.

With 18 years of trial experience, Kelly provides her clients demonstrated tenacity and skill in evaluating cases for settlement and verdict value and in trying cases to both judges and juries.

Education

  • Catholic University of America (J.D., cum laude, 1998)
  • American University (B.A., cum laude, 1995)

Admissions

  • Massachusetts
  • New Hampshire
  • Maine
  • Vermont
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, District of New Hampshire
  • U.S. District Court, District of Maine
Representative Matters
  • Represents a large demolition subcontractor seeking to recover $600,000 in unpaid fees owed by the general contractor on a school project.
  • Represents an architectural firm in a claim by a condominium developer of substandard design services.
  • Represents a construction management firm in a suit filed by a municipality resulting from a new wastewater treatment facility that failed.
  • Represents an architect is a dispute with the owner of a new condominium complex regarding alleged construction defects.
  • Represents an architect in a lawsuit filed by a general contractor alleging cost overruns and delay damages arising from a $3M residential construction project.
  • Represents an attorney accused of legal malpractice.
  • Represents a commercial property owner before the Massachusetts Commission Against Discrimination in a sexual harassment and discrimination claim by a former employee.
  • Represents a restaurant owner charged with violating the Americans with Disabilities Act.
  • Won a jury verdict on behalf of two well-known Massachusetts construction companies accused of negligence following a work-site accident.
  • Won a jury verdict on behalf of a restaurant accused of battery and negligence.
  • Successfully obtained the dismissal of a race track sued by a jockey who sustained a spinal cord injury resulting in paralysis after falling from a horse during a race.
  • Won a judgment of dismissal on behalf of a roofing contractor accused of negligence after arguing that the statute of repose barred the claim.
  • Obtained dismissals of three separate actions filed against a general contractor and related companies, where the claims included negligence, breach of contract, defamation, fraud and deceit, slander, c. 93A and c. 176D violations, and civil rights violations.
  • Obtained a $500,000 settlement for a client who was permanently injured in a motor vehicle accident, in a suit against the hosts of a party where the driver of the vehicle consumed alcohol and became intoxicated.
  • Won summary judgment and the recovery of litigation costs on behalf of a residential construction and inspection company accused of failing to properly perform a home inspection resulting in $200,000 in damages.
  • Won summary judgment on behalf of an architectural firm in a case alleging negligent design of a college laboratory resulting in exposure to toxic fumes.
  • Won summary judgment on behalf of a space heater manufacturer in a wrongful death case.
  • Won summary judgment on behalf of a homeowner in a social host liability case.
  • Won summary judgment in a dental malpractice case on the basis that the statute of limitations had expired.
  • Won a favorable ruling from a medical malpractice tribunal and compelled plaintiff to dismiss the claims against AP&S’ client in a spinal injury and paralysis case.
  • Obtained a voluntarily dismissal of a suit filed by a publisher against a top Canadian book printer.
  • Successfully defeated a motion for summary judgment filed by an employee against his employer in a suit to recover for injuries the employee sustained when he was injured in a motor vehicle accident after drinking alcohol at a company holiday party.
  • Represented three design professionals in a claim for $188M arising from services provided on the NY railway system expansion project.
  • Represented an engineering firm that designed a hospital expansion and renovation project in a $14M construction defect case.
  • Represented a geotechnical engineering firm in a dispute involving the settlement and cracking of a newly constructed school.
  • Represented an architectural firm in a claim by a municipality seeking $15M in cost overruns arising from the design and construction of a school.
  • Represented a financial services company in a suit to recover $5M in unpaid brokerage fees.
  • Represented a national restaurant chain in a suit against an insurance broker and agent to recover $1M in fraudulent billing.
  • Represented a genetic testing facility in a wrongful birth case.
  • Represented an out-patient mental health facility in a wrongful death suit.
  • Represented numerous fire protection/sprinkler contractors in property damage matters.
  • Represented numerous scaffold subcontractors in construction accident matters.
  • Represented a national restaurant chain in a suit against its insurance broker and agent to recover more than $1M spent in fraudulent billings
  • Represented a security services company in a lawsuit alleging two security officers failed to perform their duties properly, resulting in the plaintiff being assaulted.
Professional Affiliations
  • Massachusetts Bar Association Construction Law Practice Group
  • Massachusetts Building Congress
  • Boston Bar Association Litigation Section
  • Professional Women in Construction
  • American Bar Association Forum on Construction Law
  • Associated General Contractors
  • Associated Subcontractors of MA
  • AIA
  • ACEC
  • ASCE
  • Professional Liability Underwriting Society
  • Massachusetts Defense Lawyers Association
  • Defense Research Institute
  • Massachusetts Women's Bar Association
  • Massachusetts Women’s Bar Foundation
In the Community
  • Pro bono representation, Massachusetts Women’s Bar Foundation Family Law Project for Battered Women
  • Volunteer and Fundraiser, Middleboro Little League
  • Volunteer and Fundraiser, Middleboro All Sports Boosters Association
  • Volunteer and Fundraiser, Lakers Youth Lacrosse League
  • Volunteer and Fundraiser, Mitchell Memorial Club Youth Football League
  • Volunteer and Fundraiser, Middleboro Youth Soccer Association
  • Volunteer and Fundraiser, Mothers Against Drunk Driving.
  • Board Member, William A. Martin Scholarship Fund
  • Board Member, William B. Martin Memorial Fund.
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