Mr. Comen has significant experience in major development and construction projects of all kinds, including public and private infrastructure such as bridges, tunnels, highways, water and sewage treatment facilities; and industrial, commercial and residential buildings such as office towers, high-rise condominiums, stadiums and other athletic facilities. He also has extensive experience with power plants of all types, including cogeneration and waste-to-energy facilities. In development and construction disputes, Mr. Comen has represented public and private owners, local, national and international contractors, design-builders, major subcontractors and material and equipment suppliers.
With the objective of establishing effective dispute avoidance and resolution processes, Mr. Comen has counseled a variety of owners in the negotiation and preparation of their contracts with design professionals and with construction managers, general contractors and others associated with the construction process. Among the institutional owners he has represented are Harvard, Boston College, Brandeis University, Middlebury College and Williams College and Deerfield Academy. Mr. Comen also has extensive experience in negotiating design/build and construction contracts for and with private developers.
Mr. Comen has frequently worked with companies that do not typically do real estate development in connection with their new construction projects. For example, he represented the New England Patriots throughout the process of the design, construction and resolution of all disputes regarding the new Gillette Stadium and the surrounding Patriot Place mixed-use development.
As the variety of insurance products for large projects has evolved and the number of insurance providers has become more limited, Mr. Comen has counseled clients on the structuring of their insurance programs, the negotiation of policy terms and the effective use of these insurance resources to facilitate the resolution of disputes.
Mr. Comen also has extensive experience in the representation of media, arts and sports clients. In media matters, he has represented television broadcasters and print media on issues such as access of television cameras in the courtroom, privacy matters, libel and defamation, First Amendment, reporters’ privilege, trademark, copyright and proprietary personal and creative rights. In the arts, Mr. Comen has represented internationally renowned art galleries and experts. In sports matters, he has represented owners of professional football teams and, occasionally, their players.
Mr. Comen has participated in a videotaped training program prepared by Harvard Law School demonstrating the role of outside counsel as the mediation advocate. This videotape is disseminated by the American Bar Association and used by it and other organizations in their mediation and advocacy training programs. Mr. Comen has been accredited as a mediator by a number of organizations, including the Centre for Dispute Resolution (CEDR) in London and is also a member of the CPR Institute for Dispute Resolution Panel of Distinguished Neutrals.