Tom Dunn concentrates his practice in construction law and complex 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. Tom has served as trial counsel representing owners, general contractors, subcontractors, and design professionals in multiparty, complex commercial litigation in state and federal courts.
In addition to litigation, arbitration, and mediation, Tom counsels clients in construction contract drafting, review, negotiation, and dispute avoidance services, including EPC, design-build, CM, GMP, and cost-plus contracts and subcontracts. In his 14 years of practice, whether resolving disputes or drafting contracts, Tom actively listens to his clients and works collaboratively with them to develop a plan to best serve and advance their objectives in an effecient, pragmatic manner.
Tom has asserted and defended disputes concerning the following types of claims: breach of 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, indemnity claims, and usury claims.
Honors & Distinctions
- Rated AV® Preeminent™ by Martindale-Hubbell.
- Named a New England Super Lawyers "Rising Star" for 2010-2018 for Construction Litigation in Rhode Island.
- Recognized by ABA Section of Construction Litigation Committee as an Outstanding Subcommittee Chair for 2013/2014.
- Panelist, American Arbitration Association National Roster of Arbitrators
- Editor, Under Construction, an ABA Forum on Construction Law newsletter (2018 - current); Associate Editor, Under Construction (2015-2018)
- Steering Committee Member, Division 1, Litigation and Dispute Resolution, ABA Forum on Construction Law (2014 - current)
- Co-Chair, ABA Forum on Construction Law's Fall 2017 Meeting on 2017 Updates to the AIA Contract Documents
- Member, Publications and Membership Committees, ABA Forum on Construction Law
- Treasurer and member of Board of Directors, Tufts Lawyers Association; Co-Chair, 2014-2015 Tufts Law Day on the Hill
- Member, ABA Section of Litigation, Construction Litigation Committeee
- Member, Rhode Island Bar Association, Professionalism and Ethics Committee
- Member, Boston Bar Association
- Editor, Under Construction, newsletter of the ABA Forum on Construction Law
- Speaker and Co-Author, Former Employee Who Is a Key Witness: Protecting Privilege, Developing Facts, and Mitigating Impact on Claim Preparation and Trial Testimony, Presented at ABA Forum on Construction Law's Midwinter 2016 Meeting, San Francisco, California
- Contributing author, AAA Handbook on Construction Arbitration and ADR - Third Edition (2016)
- Speaker and 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
- Secretary, North Attleboro Preserve Homeowners Association
- Past President, Attleboro Area Bar Association (2016/2017); Vice President (2015/2016); Secretary 2014/2015)
- Treasurer, Bristol County Bar Association (2018/2019); Treasurer (2017/2018)