Tom Dunn concentrates his practice in construction law and business dispute resolution representing clients in various sectors of the construction industry, including power generation, utility and road work, painting, and plumbing and mechanical work. He is experienced with multiparty, complex commercial litigation in state and federal courts. He also provides contract drafting, review, and negotiation services.

Tom has asserted and defended disputes concerning the following types of claims: contract disputes, change order disputes, loss of efficiency/productivity claims, abandonment/cardinal change claims, total cost claims, quantum meruit claims, modified total cost claims, differing site conditions claims, delay claims, trade secrets claims, covenant not to compete claims, Chapter 93A consumer protection claims, mechanic’s liens claims, engineering professional malpractice, shareholder direct and derivative claims, breach of fiduciary duty claims, employee compensation claims, construction defect claims, employee discrimination claims, business valuation claims, performance bond claims, payment bond claims, project labor agreement claims, and indemnity claims.

Honors & Distinctions

  • Rated AV® Preeminent™ by Martindale-Hubbell. 
  • Named a New England Super Lawyers "Rising Star" for 2010-2014 for Construction Litigation in Rhode Island.
  • Recognized by ABA Section of Construction Litigation Committee as an Outstanding Subcommittee Chair for 2013/2014.

Professional Activities

  • Treasurer and member of Board of Directors, Tufts Lawyers Association (Chair, 2014-2015 Tufts Law Day on the Hill)
  • American Bar Association, ABA Forum on Construction Law, Steering Committee for Division 1: Litigation and Dispute Resolution; Co-chair of Forum's 2017 Fall Meeting
  • American Bar Association, Section of Litigation, Construction Litigation Committee, Co-chair of Professional Education and Ethics Subcommittee
  • Rhode Island Bar Association, Professionalism and Ethics Committee
  • Secretary and member of Board of Directors, Attleboro Area Bar Association
  • Associate Editor, Under Construction, an ABA Forum on Construction Law newsletter

Publications

  • Contributing author, AAA Handbook on Construction Arbitration and ADR - Third Edition (2016)
  • Co-author, Circumnavigating the Eternal Triangle: Ethics of Insurance Defense, Presented at the Construction Superconference 2014, Las Vegas, Nevada.
  • Co-author, A Survey of Certificate of Merit Statutes, The Construction Lawyer, Vol. 34, No. 2 (2014).
  • Co-author, My Client Can Lien A Condominium's Commonly Owned Property, Right? Not Always And Not In Massachusetts, Under Construction, Vol. 15 No. 3 (2014)
  • Co-author, A Tale of Two Lawyers: How Arbitrators and Advocates Can Avoid the Dangerous Convergence of Arbitration and Litigation, Cardozo Journal of Conflict Resolution, Vol. 14, No. 3 (2013)
  • Contributing author, “State-By-State Guide to Architect, Engineer, and Contractor Licensing,” Second Edition, Stephen G. Walker, Editor (2013)
  • Contributing author, 50-State Survey on Limitations of Liability, Presented as Part of Plenary 2, Contract Drafting to Reduce or Eliminate Damages –What are the Limits?, ABA Forum on the Construction Industry’s 2013 Midwinter Meeting, Naples, Florida
  • Co-author, Managing Exchanges of Electronically Stored Information (ESI) in Construction Arbitration, Dispute Resolution Journal, August/October 2012
  • Co-author, Rhode Island chapter of the State-by-State Guide to Construction and Design Law, Second Edition published by the American Bar Association, August 2009
  • Co-editor, The Dispute Resolver, Construction Law Blog of Dispute Avoidance and Resolution Division of the ABA Forum on the Construction Industry

Civic Activities

  • Secretary and Board of Directors, United Regional Young Professionals Organization (2013-2015)

Practice Areas

Representative Experience

  • Trial counsel for a process piping subcontractor that obtained a multimillion dollar award against a general contractor and its surety on an environmental project to reduce the mercury and sulfur dioxide emissions at the Brayton Point Power Plant located in Somerset, Mass. Client was awarded over $2 million dollars in attorney’s fees and litigation costs recoverable by virtue of prevailing on its Chapter 93A consumer protection claim. 
  • Represented a utility owner against a contractor in a differing site conditions claim; prosecuted the misappropriation of trade secrets.

Representative Experience

  • Trial counsel for a process piping subcontractor that obtained a multimillion dollar award against a general contractor and its surety on an environmental project to reduce the mercury and sulfur dioxide emissions at the Brayton Point Power Plant located in Somerset, Massachusetts. Tom’s client was awarded over $2 million dollars in attorney’s fees and litigation costs recoverable by virtue of prevailing on its Chapter 93A consumer protection claim.
  • Represented an owner of a new hotel project against design-build contractor in a three-week arbitration before a three-person panel and negotiated and coordinated terms of settlements with subcontractors. Successfully obtained an arbitration award and judgment discharging a mechanic's lien and an affirmative recovery against a contractor.
  • Obtained a prejudgment attachment against an owner of a project based upon proof of likelihood of success on breach of an oral contract.
  • Defended a land surveyor in a negligence cause of action and successfully obtained a dismissal on summary judgment.
  • Represented a utility owner against a contractor in a differing site conditions claim; prosecuted the misappropriation of trade secrets
  • Represented family businesses in corporate shareholder disputes