David M. McGlone

Member

Overview

David McGlone is an experienced first chair trial litigator with over 26 years of experience. He handles a broad range of commercial litigation matters with a primary focus on construction law. He practices in all phases of trial work in federal and superior courts as well as in arbitration, assisting clients by developing creative pre-trial remedies and results-oriented trial strategies. David regularly represents clients in acceleration and inefficiency claims, assertion and perfection of mechanic’s liens and bond claims, collection, bid protests and claim arbitration, defective plans and specifications claims, AIA drafting contracts, and direct pay claims.

Representative Matters

  • Tried to a jury and defended the subsequent appeal in the Federal Courts of a commercial case where triple damages were obtained for the client. Through the successful defense of the appeal, the case has recently become the bench-mark case on the availability of a Jury Trial Right in the Federal Courts in the First Circuit.

  • Obtained summary judgment for owner against subcontractors seeking a lien after material breach by the general contractor.

  • Managed termination of general contractor for an owner, leading to advantageous settlement for the client.
  • Prosecuted and settled defective plan and specifications claim under the FAR against the federal government.
  • Prosecuted direct pay claims against municipalities for subcontractors.
  • Represented developers and owners in the negotiation, drafting, and execution of construction contracts.

Professional Affiliations

  • Boston Bar Association, Real Estate Section
  • Massachusetts Bar Association
  • American Bar Association, Forum on the Construction Industry
  • Construction Industries of Massachusetts, Legislative Review Committee
  • Association of General Contractors
  • Associated Builders and Contractors

Community Involvement

  • Juvenile Diabetes Research Foundation, Fundraiser
  • Boston College Club

Awards and Recognition:

  • Selected for inclusion in Massachusetts Super Lawyers
  • Attained an AV® Preeminent™ rating from Martindale-Hubbell

News and Insights

Publications

Media Coverage

  • New England Real Estate Journal’s Radio Show on Real Estate Law, May 2013

Speaking Engagements

  • “AIA Document A-401” National Teleconference, Lorman Education Services (Boston, Massachusetts), 2007.
  • “AIA Contracts” National Teleconference, Lorman Education Services (Boston, Massachusetts), 2006.
  • “The Construction Process from Start to Finish,” Lorman Education Services (Boston, Massachusetts), 2006.
  • “Comprehensive Construction Law in Massachusetts,” Lorman Education Services (Springfield, Massachusetts), 2006.
  • “Construction Delay Claims,” Lorman Education Services (Peabody, Massachusetts), 2006.