KRISTEN RAGOSTA

Kristen counsels, defends and manages risk for businesses and individuals involved in complex transactions and disputes.     She represents clients in federal and state courts, where she has conducted over 100 trials, as well as in administrative proceedings, and during pre-litigation and alternative dispute resolution processes such as mediation and arbitration.  Her primary expertise is on the strategic resolution of design construction related disputes; which complements her experience with, and defense of, environmental and asbestos cases; employment and discrimination disputes; criminal, probate, and real estate matters; as well as general liability actions such as personal injury, Dram Shop, products and premises liability.  Kristen relentlessly focuses on her clients’ business objectives, which define desired outcomes.   She worked as an Assistant District Attorney for the Middlesex County District Attorney’s Office.

Kristen has been ranked by Super Lawyers as a top rated Rising Star in Construction Litigation in Boston.

  • Complex Business Litigation
  • Construction Litigation and Risk Management
  • Professional Liability Defense and Risk Management
  • Employment and Discrimination Law
  • Tort and Contract Law
  • Health Care Technology
  • Life sciences
  • Suffolk University School of Law (J.D. 2005)
  • University of New Hampshire (B.S. 2002)
  • Massachusetts
  • New York
  • Rhode Island
  • United States District Court—Massachusetts
  • United States Court of Appeals -First Circuit
  • United States Bankruptcy Court – Massachusetts
  • Rhode Island Bar Association
  • Women’s Bar Association
  • National Association of Women in Construction
  • Punitive Damages Claims Against an Accounting Professional May Be Allowed to Proceed Based on Gross Negligence. The Accountant/Attorney Liability Reporter (Nov. 2016)
  • Supreme Court Rules That Grounds for Judicial Review of an Arbitration Award Cannot be altered by a Contract. Design & Construction Management Professional Reporter (April 2016)
  • Expecting the Unexpected: Using Standard Construction Contingency to Establish Minimum Design Standard of Care. Design & Construction Management Professional Reporter (April 2016)
  • Speaker, Standard of Care: Is it Changing? Donovan Hatem Design Professional Roundtable (June 2014)
  • California Court Allows City to Assert Claims Against Design Professional Absent Privity of Contract. Design & Construction Management Professional Reporter (September 2012)
  • Florida Court Bars Limitation of Liability Provisions in Professional Negligence Cases against Individual Professionals. Design & Construction Management Professional Reporter ( March/April 2011)
  • Obtained summary judgment and dismissal of lawsuit arising out of a personal sustained at client’s restaurant.
  • Represented pharmaceutical testing laboratory in Federal Court, Multi-District Litigation involving over 300 personal injury lawsuits; including multiple wrongful death actions and allegations of negligence, breach of warranty, and pain and suffering; and successfully resolved all claims within available insurance limits at mediation.
  • Represented a public school, Information Technology Technician in pre-trial and trial proceedings adjudicating claims asserted by a teacher and a principal alleging Civil Rights Violations, Invasion of Privacy, Defamation, Intentional Interference with a Business Relation, Intentional Infliction of Emotional Distress; obtaining settlement and dismissal during trial with no direct payment from client despite offer of payment extended by client in advance of trial.
  • Defended through discovery, and negotiated “trial step” settlement and dismissal of litigation against design team related to claimed errors, omissions, delays and cost overruns on research and administration building designed and constructed for major Massachusetts University, obtaining a settlement that was well below the $2 Million pre-trial demand despite the University’s having incurred over $1 Million in defense costs.
  • Part of defense team that managed and resolved over 400 claims involving alleged design errors and omissions, cost overruns, change orders, and delays with damages totaling almost $200 Million; settling the claims for a fraction of the amount sought and well within the available insurance coverage for designers on a major subway extension project.
  • Successfully assisted design firm to resolve at mediation a claim seeking over $12 Million related to design and construction of domestic water treatment and distribution system at an NFL stadium; settling the claim for less than a 1/5 of the demand and paying the least of any other defendant.
  • Negotiated settlement for nuisance value of a negligence and wrongful death, asbestos related claim asserted against multinational, industrial conglomerate.
  • Defended Design Team members through discovery, and negotiated pre-trial settlement and dismissal from multi-party litigation involving a failed exterior concrete panel connection that fell and seriously injured a construction worker.
  • Advised insurance and design clients, and managed errors and omissions claims, related to design and construction of signal system on subway extension.
  • Part of defense team that managed and resolved multi-million dollar claims, primarily related to allegations of negligent design and defective construction of structural components, involving approximately 100 design clients on major, multi-building design and construction project on the Las Vegas Strip in Nevada.
  • Managed claim, oversaw outside counsel and obtained dismissal of multi-million dollar design error and omission claim related to defective exterior panels and a damaged fabric roof at an NFL stadium; with dismissal based on waiver of subrogation clause in client’s contract.
  • Prepared a strong response letter that resulted in a State Transportation Authority withdrawing its claim against the Design Team related to alleged errors, omissions and defects in the design and installation of the corrosion protection system specified for suspension cables on a bridge located along a State Highway.
  • Co-managed claim, worked with outside counsel, and obtained a defense verdict for design team related to claim of traumatic brain injury by maintenance worker at state prison, successfully defending allegation that a ceiling panel design error caused the worker to fall.
  • Led alternative dispute resolution efforts pursuant to which design and construction participants on Office Building and Landscaping Project corrected flooding issue at neighboring Children’s Shelter in conjunction with organization of charity event to assist with further remediation efforts, and to provide future income to shelter.
  • Obtained dismissal from litigation based on contractual arbitration clause in action involving damages sustained when a fire in a manhole that was maintained by a public utility spread to a museum.
  • Assisted design firm to negotiate and resolve claims asserted by County officials related to deteriorating wall panels in County Jail, obtaining an optimal result for client and dismissal of a pending litigation.
  • Achieved mediated settlement of sexual harassment, disability discrimination and retaliation claim pending before the Massachusetts Commission against Discrimination on behalf of insurer for global software service provider.
  • Advised Realty Company throughout negotiation and resolution of Housing Discrimination Complaint before Office of Fair Housing, Massachusetts Commission against Discrimination, and Department of Housing and Urban Development.
  • Advised Design Team during mediation and resolution of varied claims arising from interior renovation of multiple floors in a Boston high-rise that house the corporate headquarters for a financial institution; claims involved primarily mechanical, electrical and plumbing issues with some minor finish work allegations as well.
  • Defended claims and orchestrated settlement for lead designer on residential apartment building construction project, pursuant to which client did not make any affirmative payment and all amounts of any outstanding design fees that it waived to effectuate settlement were reimbursed by subconsultants.
  • Managed claim and oversaw outside counsel to achieve optimal settlement of claims against design team stemming from design and construction of a cruise ship terminal.
  • Negotiated resolution of claims by Condominium Developer against Design Team related to alleged fire code violations, negligence, errors and omissions.
  • Negotiated resolution of claims by City related to alleged error in survey completed prior to design and installation of sewage lift station that encroached on neighboring property.
  • Managed and oversaw outside counsel to obtain defense verdict in International Arbitration, resulting in client’s recovery of defense costs.
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