Biography

Michael B. Donahue has significant experience in construction law and litigation, representing owners, developers, design professionals, construction managers and general contractors.

For over 25 years Michael has provided counsel and advocacy to public and private owners, developers, design professionals, construction managers, general contractors, subcontractors, and sureties, in all aspects of construction law and litigation. He aims to help clients achieve their business goals through pragmatic analysis and advice, with an eye towards practical realities and achievable outcomes. Where necessary, this can take the form of aggressive courtroom advocacy and in those instances, he brings to bear extensive knowledge of public and private contracting and construction law and a familiarity with the issues and challenges facing the industry, along with a wealth of litigation experience.

Michael’s practice includes both transactional and adversarial matters, including negotiation and drafting of development agreements, construction management and general contracting agreements, design services agreements, and other contracts for development, design and construction of any project from infrastructure/industrial facilities to high-end resort properties. He advises clients on contract interpretation and administration and in mediation, arbitration, and litigation of disputes though appeal. On the public side, he has successfully represented both government and project proponents in bid protests and matters of public procurement law.

Michael 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 served as a Special Assistant Attorney General, representing the Commonwealth of Massachusetts, Massachusetts Highway Department (now MassDOT) and Division of Capital Asset Management in many litigations arising from defective design and construction work and public procurement issues. He has appeared and argued before appellate courts in Massachusetts, Maine and North Carolina. He sits as an arbitrator of construction disputes as a member of American Arbitration Association's National Construction Roster of Neutrals.

He resides in Wrentham, Massachusetts with his wife and two college-aged sons. In his spare time he avidly supports the Boston Bruins and Red Sox, and enjoys playing men’s league hockey (poorly) and travel with his family.

Services/Industries

Education

  • Villanova University School of Law  (J.D.)
  • University of Dayton  (B.A.)

Bar Admissions

  • Massachusetts

Memberships

  • American Bar Association
    • Forum on the Construction Industry
    • Tort Trial and Insurance Practice Section
  • Massachusetts Bar Association
    • Public Law Council, 1997-2000
    • Construction and Public Contract Committee
    • Co-chair, 1997-1999
  • Boston Bar Association
  • Construction Lawyers Society of America: Charter Fellow

Honors

  • 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®
  • American Lawyer Magazine "Top Litigator" 2021, 2022

To learn more about third-party ratings and rankings, and the selection processes used for inclusion, click here.

Court and Other Admissions

  • U.S. District Court for the District of Massachusetts