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Samuel M. Tony Starr

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Education

  • Northeastern University (JD, 1982)
  • Harvard University (BA, 1977)

Bar Admissions

  • Massachusetts

Languages

  • French

Tony is Co-chair of the firm's Construction Law Practice Group and a Member in the Litigation Section. He represents contractors, owners, developers, and public authorities across a wide range of construction-related issues in both the public and private sectors including contract drafting, bidding issues, job problems, change order disputes, mechanics’ liens, bond claims, terminations, and delay claims.

Tony has represented clients in numerous major construction trials, arbitrations, and mediations. He is a frequent lecturer in the area of construction law, particularly in the area of arbitration and mediation of construction disputes.

In addition to Tony’s construction practice, he has represented the gaming company Wynn MA LLC on various matters since 2014. This representation includes surrounding community arbitrations, challenges in state court, hearings before the Massachusetts Gaming Commission, and adjudicatory proceedings before the Massachusetts Department of Environmental Protection in connection with the development of a destination resort style casino facility.

Representative Matters

Construction Litigation & Dispute Resolution

  • Representation of a large dredging company in a multimillion-dollar action against the US Army Corps of Engineers including a trial in Court of Claims. Case arose out of survey practices employed by the Corps on the dredging of a major shipping channel in New York-New Jersey Harbor.
  • Representation in court, arbitration, and mediation of a municipal water and sewer authority against a design-builder of a combined sewer separation project. Authority terminated the design builder for performance and design failures.
  • Representation of the lead engineering procurement and construction contractor in a multimillion-dollar, 34-day, three-party arbitration arising out of the failure of the wastewater treatment plant at a pulp and paper de-inking facility.
  • Representation in court of developer of mixed use condominium project against terminated general contractor asserting claim of wrongful termination.
  • Representation of general contractor on major hospital renovation project against bankrupt millwork subcontractor’s performance bond surety in 9 day arbitration for delay and impact damages.
  • Representation of managing member of limited liability company in arbitration brought by minority member asserting claims of breach of fiduciary duty and failure to comply with Delaware LLC Act in connection with development of mixed use condominium project.
  • Representation in mediation of a design-builder against a design consultant on several major highway and bridge design-build projects for design failures including inadequate estimating.
  • Representation in court and mediation of a major university on construction and design claims against a builder and architect on a $250 million science, classroom, and research facility.
  • Representation of an excavation and garage contractor against a construction manager in a 16 day arbitration for wrongful termination.
  • Representation in litigation of large contractor in a multimillion-dollar differing site condition claim against an owner on the 9 ½ mile Outfall Tunnel Project for the Massachusetts Water Resources Authority.

Construction Law & Counseling

  • Served as outside counsel for the Massachusetts Port Authority in connection with the $1.2 billion modernization program at Boston’s Logan Airport. This engagement included detailed contract review, bid protest advice and hearings, and construction claims review and litigation.
  • Continued representation of a variety of owners and contractors on drafting and negotiating multiple contract forms (AIA, custom forms).
  • Revised owner, contractor, and subcontractor contract payment provisions to comply with new Massachusetts Prompt Pay and Retainage Law.
  • Represented an independent authority in an investigation of contractor compliance with the federally mandated disadvantaged business enterprise program.
  • Ongoing representation of a variety of owners and contractors on contract performance issues, change orders, and schedule issues.

Gaming

  • Representation of gaming company Wynn MA LLC in multiple hearings before Massachusetts Gaming Commission during successful licensing process.
  • Representation of Wynn MA LLC in surrounding community arbitrations against Somerville and Chelsea.
  • Representation of Wynn MA LLC in court challenge to Massachusetts Environmental Protection Act (“MEPA”) Certificate brought by neighboring community Somerville.
  • Representation of Wynn MA LLC in Massachusetts Department of Environmental Protection adjudicatory proceeding brought by Somerville challenging Wynn MA LLC’s Chapter 91 License.

Recognitions & Awards

  • Massachusetts Super Lawyers: Construction Litigation (2006 – 2016)
  • Best Lawyers in America: Litigation – Construction, Construction Law (2012 – 2017)

Professional & Community Involvement

  • Member, ABA Forum on the Construction Industry
  • Member, Gaming Law Committee, ABA Business Law Section
  • Member, MBA Construction Law Practice Group
  • Member, MBA Civil Litigation Section
  • Member, BBA Alternative Dispute Resolution Committee
  • Member, BBA Construction Law Committee
  • Board of Directors, Association of General Contractors (AGC) of Massachusetts 
  • Member, Construction Industries of Massachusetts (CIM)
  • Board member; Founding member; Co-chair, Development Committee; Co-chair, Leadership Council: The Schwartz Center for Compassionate Healthcare
  • Presidential Appointee to the Board; Chair, Security Task Force; Past Vice President of Administration; Past Chair, Building Committee: Temple Beth Elohim
  • Member, Corporation; Past Member, Facilities Committee: Belmont Hill School