Michael B. Donahue

practices in the areas of construction law and litigation, including arbitration and alternative dispute resolution, public procurement law and the drafting of design and construction agreements. Mr. Donahue has tried cases before state and federal courts, American Arbitration Association tribunals and administrative agencies involving diverse matters of contract performance, payment and bond claims, delay and disruption claims, claims against designers and enforcement of mechanic's liens. He has experience in Massachusetts public procurement laws, and has often served as a special assistant attorney general, representing the Commonwealth of Massachusetts, Massachusetts Highway Department and Division of Capital Asset Management in many litigations arising from defective design and construction work and public procurement issues. He sits as an arbitrator of construction disputes as a member of American Arbitration Association's National Construction Roster of Neutrals.

Mr. Donahue is a 1989 graduate of Villanova University School of Law and a graduate of the University of Dayton.

Honors and Awards

• Construction Sector Dispute Resolution Attorney of the Year in Massachusetts, 2014 Corporate Intl Magazine Global Award
•Listed in Massachusetts Super Lawyers, 2004, 2005 and 2009
•AV Preeminent Peer Review Rated by Martindale-Hubbell

Board Memberships

•Surety Association of Massachusetts
- Board of Directors, 1999-present

Publications

Selected Publications

•Contributor, Duane Morris Construction Blog
• Massachusetts Trial Court Showing Deference to Arbitration as Sutow and Harelick Decisions Hew to Policy Favoring Arbitration, Duane Morris Alert, December 15, 2015
•Co-author, Massachusetts Appeals Court Invalidates Mechanic's Liens Against Condo Common Areas, Duane Morris Alert, January 11, 2012
• First Circuit Holds That Warranty Not Exclusive Remedy When Repeated Corrective Efforts Fail, Building & Bonding: The Construction Group Newsletter, Fall 2011
• Contractor Beware: That Flow-Down Clause May Not Flow as Far as You Think, Building & Bonding: The Construction Group Newsletter, Fall 2010
•Co-author, New Massachusetts Prompt-Pay Law to Govern Private Construction, Duane Morris Alert, August 12, 2010
• Adding Value by Avoiding or Minimizing Loss, Winning Strategies in Construction Law; Inside the Minds, Aspatore Books, 2006
•Massachusetts Construction Law, Professional Education Systems Institute, LLC, 2002-2006
• What Happened to Building Quality? Are Actuaries Overriding Engineering Ethics? Boston Business Journal, October 2006
•Co-author, Outside the Budget Box - Public/Private Partnerships as a Vehicle for Finance and Delivery of Public School Facilities, Journal of Professional Issues in Engineering Education & Practice, October 2005
• At What Cost? Benefits of Owner-Controlled Policies, Boston Business Journal, April 1-7, 2005
• Construction Law Chapter 15: Government Contracting, Matthew Bender, 1996-2004
• Partnerships May Answer School Building Woes, Boston Business Journal, October 3-9, 2003
•Co-author, Bad Faith Claims Against Sureties, SuretyScope Journal, Fall 1997

Speaking Engagements

Selected Speaking Engagements

•Panelist, Dispute Resolution Board Foundation Northeast Conference - Alternative Dispute Resolution Techniques, October 2008
•Speaker; A Discussion of the AIA 2007 Contract Documents and the 2007 ConsensusDOCS, CoreNet Global, Boston, April 2008
•Speaker, McCarter & English, LLP client seminar, The New AIA and ConsensusDOCS Contract Documents, Boston, March 2008
•Speaker, McCarter & English, LLP client seminar, New AIA and Consensus DOCS Contract Documents, New York, February 2008
•Speaker, Comparison of AIA and ConsensusDOCS 2007 Contract Documents, CoreNet Global, Boston, February 2008
•Speaker, Comparison of AIA and ConsensusDOCS 2007 Contract Documents, CoreNet Global, Hartford, Connecticut, February 2008
•Speaker/Panelist, McCarter & English, LLP client seminar, Redevelopment Opportunities in Massachusetts, Boston, February 2008
•Speaker, Construction Contract Forms and Drafting, Massachusetts Development Finance Agency Internal CLE seminar, January 2008
•Moderator/Panelist, LNG Pipeline and Facility Construction: How Much, How Soon, How? Construction SuperConference, San Francisco, December 2006
•Moderator/Speaker, Long-Range Forecast, What Contractors, Developers Can Expect in Boston and Beyond This Decade, Regional Construction and Development Conference, Babson College, Waltham, Massachusetts, June 2006
•Moderator/Speaker, Alternative Dispute Resolution on International Projects, International Construction SuperConference, London, May 2006
•Speaker, False Claims Liability and How to Avoid It, Construction Management Association of America New England Chapter, Boston, April 2006
•Moderator/Speaker, Security Concerns in the Design and Construction of Infrastructure Projects, Construction SuperConference, San Francisco, California, December 2005