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Eric Loeffler is a member of the firm's nationally recognized Surety and Fidelity Group and focuses his practice in the areas of surety law, fidelity law, construction law, commercial litigation and professional liability defense. Mr. Loeffler has represented sureties, contractors, architects and engineers, construction managers, business owners, developers and others in various aspects of complex commercial claims and disputes throughout New England and elsewhere. Mr. Loeffler has extensive experience in claim preparation, prosecution and dispute resolution in a wide variety of forums, including federal and state courts, appellate courts, bankruptcy courts, arbitrations and mediations. Mr. Loeffler also handles personal injury, product liability and employment related matters. 

Mr. Loeffler's construction and surety related matters include representing clients in distressed contractor workouts and transactions, bankruptcies, performance bond defaults, payment bond claims and every aspect of surety law. This includes prosecuting and defending delay and productivity claims, contract interpretation, differing site condition claims, mechanic's lien claims, design defect claims and other construction related disputes.

Mr. Loeffler has also represented clients in a wide array of sophisticated business disputes involving manufacturing, technology, insurance and professional services.

Professional Background

Mr. Loeffler joined Hinshaw & Culbertson LLP in July 2005 upon the opening of the firm's Boston office. Previously he was an associate with the Boston law firm of Cetrulo & Capone LLP, and before that was in private practice as a commercial litigator.

Upon graduation from law school, Mr. Loeffler worked as a law clerk to the justices of the Massachusetts Superior Court.

Professional Affiliations

  • American Bar Association, Fidelity and Surety Law Committee
  • Massachusetts Bar Association
  • Boston Bar Association
  • Surety Association of Massachusetts

Honors & Awards

  • Holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability
  • Named as one of Boston's 2012 Top Rated Lawyers
  • Named to the Rising Stars list in the area of Construction / Surety by New England Super Lawyers magazine, 2010, 2011. This designation is reserved for only 2.5 percent of all attorneys in New England

Representative Matters

Mr. Loeffler represents clients in a wide variety of forums, including federal and state courts, appellate courts, bankruptcy courts, arbitrations and mediations.

His reported cases include:

  • North American Specialty Ins. Co. v. MPF Corp., 2010 WL 5452721 (D. Mass. 2010).
  • Fidelity and Guar. Ins. Co. v. Star Equipment Corp., 541 F.3d. 1 (1st Cir. 2008).
  • Belanger v. North American Specialty Ins. Corp., 504 F.3d. 147 (1st Cir. 2007).
  • Travelers Property & Cas. Ins. Co. v. Triton Marine Const. Corp., 473 F. Supp. 2d 321 (D. Conn. 2007).
  • U.S. v. JMG Excavating & Construction Co., Inc., 223 F.R.D. 17 (D. Me. 2004).
  • Seaboard Surety Company v. Town of Greenfield, 266 F. Supp. 2d 189 (D. Mass. 2003).

Presentations

  • “The Claim in Litigation,” ABA Fidelity & Surety Law Committee, Spring Meeting, Lake Geneva, Wisconsin, June 2011.
  • “Is Your Limitation Provision a Statue of Repose?” Central States Surety Association, Lake Geneva, Wisconsin, June 2011.
  • “Avoiding Traps for the Unwary: Considerations in Handling Payment Bond Claims, Hinshaw in-house presentation, Chicago, Illinois, April 2011.

Publications

  • "The Surety Underwriter's Desk Book," contributing author, Chapter 23, "Massachusetts," ABA Fidelity and Surety Law Committee, 2013.
  • "Massachusetts Court Holds Advance Waiver of Statutory Payment Bond Rights to be Unenforceable," ABA Fidelity and Surety Law Committee Newsletter, Fall 2012.
  • "Is the Suit Limitation Provision in a little Miller Act a Statute of Repose?" ABA Fidelity and Surety Law Committee Newsletter, December 2011.
  • “Law of Payment Bonds,” contributing author, ABA-TIPS, Fidelity and Surety Law Committee of the American Bar Association, 2011.
  • “Enforcement of the Collateral Security Provisions in the General Indemnity Agreement: Tactics and Procedures,” contributing author, American Bar Association Annual Midwinter Meeting of the Construction Forum/Fidelity and Surety Subcommittee, 2007.
  • “Performance Bond Manual,” contributing author, ABA-TIPS, Fidelity and Surety Law Committee of the American Bar Association, 2006.
  • St. Paul Fire and Marine Ins. Co. v. City of Green River, Wyoming: Discharge of the Performance Bond Surety – Obligee Beware,” contributing author, Eastern Bond Claims Review, May 2002.

Education

J.D., cum laude,, New England School of Law, 1998

  • Member, New England Journal on Civil & Criminal Confinement, 1997-98
  • Recipient, New England Scholar Award, 1998

B.B.A., University of Massachusetts, 1993, Accounting

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