Gavin G. McCarthy

Gavin has spent the majority of the past decade defending class actions and representing contractors in construction disputes.  Gavin brings to all of his clients the combined experience of litigating more than half a dozen class actions (none of which ultimately resulted in certification of a class) and conducting eight full trials or arbitrations (of which Gavin prevailed on liability in six, and limited damages awarded by the jury to one dollar in defending a seventh). 

In addition to a number of ongoing construction disputes, Gavin's current matters include representation of a grocery store seeking to enforce a restrictive covenant against a Fortune 500 company and defense of a power company in connection with certain customer claims.  Gavin is also currently involved in the defense of two life insurers, a mortgage provider, a window manufacturer, a grocery store, and a disability insurer in six separate putative class actions. 

Recent Experience

• In an arbitration proceeding between Gavin's contractor-client and the owner who hired the contractor to perform a $7 million hotel renovation, the arbitrator rejected the owner's multi-million dollar damages claim and awarded Gavin's client the full amount of its contract balance.
• In an arbitration proceeding between a contractor hired to perform several million dollars of work on a federal military base and Gavin's subcontractor-client, the arbitrator awarded Gavin's client nearly a quarter of a million dollars and rejected the contractor's counterclaim.
• In a leading case on the issue of an arbitrator's ability to modify an award issued by that arbitrator, the First Circuit Court of Appeals agreed with Gavin's client that the arbitrator acted within its authority and vacated the decision below. Eastern Seaboard Constr. Co., Inc. v. Gray Construction Co., 553 F.3d 1 (1st Cir. 2008).
• In a series of putative nationwide class actions against a major disability insurer, class certification was ultimately denied.

Honors & Distinctions

Professional Activities

Civic Activities