Practice Area

Construction Law, Suretyship, Trial Practice, Insurance Defense, and Employment Law

Education

Catholic University, Columbus School of Law, Washington, D.C., 1990 J.D.
Note and Comment Editor, Catholic University, Law Review
Worcester State College, Worcester, Massachusetts, 1987 B.A., Summa Cum Laude

Contact

Phone: (508) 905-1010
Email: [email protected]

John J. McNamara

John McNamara

Construction Law, Suretyship, Trial Practice, Insurance Defense and Employment Law

John J. McNamara is a founding partner of the law firm of Lane McNamara LLP. John’s practice areas include construction law, employment law, suretyship, trial practice and insurance defense. The Martindale-Hubbell National Law Directory has awarded John an AV Rating, the highest rating for legal ability and professional ethics. He has also been named a New England Super Lawyer by Law & Politics and Boston Magazine. This designation is limited to the top 5% of attorneys in New England. He has been selected for Top Lawyers as published in the Boston Globe.

A graduate of Worcester State College (B.A., Summa Cum Laude, 1987), John earned his law degree from the Catholic University Columbus School of Law (J.D. 1990). He was a Note and Comment Editor for the Catholic University Law Review, 1989-1990. He was admitted to the Virginia Bar in 1990 and the United States Court of Appeals, Fourth Circuit in 1991. He was admitted to the Massachusetts Bar in 1991 and the United States District Court for the District of Massachusetts in 1992.

John has tried numerous cases in state and federal courts before juries and judges and has argued before the Supreme Judicial Court of Massachusetts, the Appeals Court of Massachusetts, and the United States Courts of Appeal.

He has also arbitrated and mediated numerous cases. John has handled dozens of Bid Protests before the Office of the Attorney General and is a member of the American Arbitration Association’s Panel of Construction Arbitrators.

John has been an invited speaker at the Construction Industries in Massachusetts, Associated Builders and Contractors of Massachusetts, Massachusetts Electrical Contractors Association, and Massachusetts Continuing Legal Education.

Professional Honors

  • AV Rating by Martindale Hubbell
  • Massachusetts Super Lawyers
  • Selected Top Lawyers in Boston as Published in the Boston Globe
  • Invited Lecturer of Massachusetts Continuing Legal Education
  • Fellow, Construction Lawyers Society of America

  • Massachusetts Bar Association
  • Virginia State Bar
  • Associated Builders and Contractors

Books

  • Co-Author, Calculating Construction Damages, 2nd Edition
    1999, Aspen Law and Business
  • Co-Author, Calculating Construction Damages, 1st Edition
    1992, Wiley Law & Business
  • Chapter Author, Construction Law Handbook, Chapter 28
    Compensatory Damages for Breach of Contract, 1998
    Aspen Law and Business

Law Review Articles

  • Author, Attention Gray Market Shoppers: K-Mart v. Cartier, Inc.
    Fails to Clarify the Clouded Area of Gray Market Goods,
    38.4 Catholic University Law Review 933 (1989)

Magazine Articles

  • 2022, Co-Author, June 24, 2022 High Profile Magazine, The Contractor’s Consent to Assignment of Contract to the Lender: Be Careful What You Consent To
  • 2000, Construction Claims: Pass Through Agreements and Claim Submittals, Building Massachusetts
  • 1991, Immigration Related Employment Practices: What Contractors Should Know About Employing Alien Workers, Construction Business Review

Seminars and Speaking Engagements – Author and/or Panelist

  • Panelist, Building Trades Employer’s Association Northeast: How to Resolve a Contract Dispute Without Going to Court; December 20, 2022
  • Panelist, Strafford Webinars, Construction Payment Disputes: Addressing Change Orders, Extra Work, and Other Costs – Modifying AIA Article 7; Oral Changes; Cardinal Change; Defective Plans; Additional, Unauthorized, or Nonconforming Work, November 2, 2022
  • Speaker, “Schedules and Delays, Changes, and Differing Site Conditions”, American Bar Association Forum on Construction Law, Boston, MA, September 30, 2021
  • 2021, Panelist, Strafford Publications, Inc., Joint Check Agreements: Contractor Liability, Supplier Payment and Lien Rights
  • 2020, Panelist, Massachusetts Construction Law Webinar, Half Moon Education
  • 2020, Panelist, 10 Critical Issues That All Project Manager Should Understand, Associated Builders & Contractors Legal Roundtable
  • 2020, Author, Chapter 7, Massachusetts Construction Law and Litigation, Massachusetts Continuing Legal Education
  • 2019, Author, Chapter 7, Massachusetts Construction Law and Litigation, Massachusetts Continuing Legal Education
  • 2018, Author, Chapter 7, Massachusetts Construction Law and Litigation, Massachusetts Continuing Legal Education
  • 2017, Standard Form Construction Contracts, Massachusetts Continuing Legal Education
  • 2016, Standard Form Construction Contracts, Massachusetts Continuing Legal Education
  • 2015, Massachusetts Construction Law and Litigation, Massachusetts Continuing Legal Education
  • 2014, Massachusetts Construction Law and Litigation, Massachusetts Continuing Legal Education
  • 2013, Massachusetts and Federal Prevailing Wage Law, Lorman Educational Services
  • 2012, Fundamentals of Construction Contracts: Understanding the Issues, Lorman Educational Services
  • 2012, Trying a Construction Case: Pre-Trial Considerations and E-Disclosure Issues, June 26, 2012, Boston Bar Association
  • 2012, Massachusetts Construction Law and Litigation, Massachusetts Continuing Legal Education
  • 2011, Massachusetts and Federal Prevailing Wage Law, Lorman Educational Services
  • 2011, Standard Form Construction Documents, Massachusetts Continuing Legal Education, October, 2011
  • 2010, Massachusetts and Federal Prevailing Wage Law, Lorman Educational Services
  • 2009, Prevailing Wage Law, Lorman Educational Services
  • 2009, Massachusetts and Federal Prevailing Wage Law, Associated Builders & Contractors, Inc.
  • 2008, Recent Developments in Standard Form Construction Contract Documents, Massachusetts Continuing Legal Education
  • 2007, Resolving Problems and Disputes on Construction Projects, National Business Institute
  • 2006, Massachusetts Construction Law and Litigation, Massachusetts Continuing Legal Education
  • 2005, Construction Reform – One Year Later, Massachusetts Bar Association
  • 2003, How to Evaluate, Prosecute and Defend Construction Tort Cases, Massachusetts Continuing Legal Education
  • 2003, Massachusetts Public Construction Law, Lorman Education Services
  • 2002, Massachusetts Law for Design Professionals, Lorman Education Services
  • 2002, Massachusetts Construction Law: Can This Job Be Saved?, Lorman Education Services
  • 2002, Construction Claims in Massachusetts, Lorman Education Services
  • 2002, Massachusetts Public Construction Law, Lorman Education Services
  • 2001, Massachusetts Law for Design Professionals, Lorman Education Services
  • 2001, Massachusetts Public Construction Law, Lorman Education Services
  • 2001, Construction Issues in Massachusetts, Lorman Education Services
  • 2001, Massachusetts Construction Defect Claims, Lorman Education Services
  • 2000, Massachusetts Construction Law and Litigation, Massachusetts Continuing Legal Education
  • 2000, Massachusetts Law for Design Professionals, Lorman Education Services
  • 2000, Massachusetts Construction Defect Claims, Lorman Education Services
  • 2000, Documenting Impact Claims –The Third Annual Eastern Bond Claims Review, Chatham, N.J.
  • 1999, Bid Protests on Public Construction Projects, Massachusetts Continuing Legal Education
  • 1999, What Surety Claims Professionals Should Know About Design-Build Projects, Second Annual Eastern Surety Bond Claims Review
  • 1999, Massachusetts Law for Design Professionals, Lorman Education Services
  • 1998, Litigating Construction Site Injuries, Massachusetts Continuing Legal Education
  • 1998, Evaluating Your Principal’s Construction Claims: What the Surety Needs to Know, First Annual Eastern Surety Bond Claims Review
  • 1998, Performance and Payment Bond Claims in Rhode Island, Lorman Education Services
  • 1997, Construction Contracts, Massachusetts Continuing Legal Education
  • 1997, Advanced Construction Law in Rhode Island, National Business Institute
  • 1996, Massachusetts Mechanics’ Lien Law, Massachusetts Electrical Contractors Association, October 20, 1996
  • 1996, Massachusetts Prevailing Wage Law, Massachusetts Electrical Contractors Association, October, 20, 1996
  • 1995, Public Construction Law and Administration Workshop, Construction Industries of Massachusetts, December 13, 1995
  • 1994, Construction Law and Administration Workshop, Construction Industries of Massachusetts, April 27, 1994
  • 1993, Prevailing Wage Enforcement: Life After DLI, Associated Builders & Contractors, November 4, 1993
  • 1993, What Contractors Should Know About Joint Check Agreements and Bond Claims, Associated Builders & Contractors, June 24, 1993
  • 1990, The Fairfax County, Virginia Public Works Contract: An Overview, Industry Counsel on General Conditions Fairfax County, Virginia

  • Obtained a verdict in favor of a contractor for breach of contract and G.L. c. 93A and defeated counterclaims exceeding $1,500,000.00 after an eight day jury trial.
  • Obtained a plaintiff’s verdict and defeated a $1,000,000.00 counterclaim after seven day jury trial for a contractor on a public construction project.
  • Obtained a plaintiff’s verdict for an employee on breach of employment contract claim after a seven day jury trial.
  • Obtained an arbitration award for a general contractor exceeding $1,800,000.00 and defeated a $2,000,000.00 counterclaim after eleven days of arbitration.
  • Obtained a plaintiff’s verdict for a general contractor under G.L. c. 93A against a subcontractor and defeated a counterclaim after a nine day jury trial.
  • Obtained an arbitration award totaling $772,210.00 in favor of a contractor and against a public awarding authority and defeated a $2,000,000.00 counterclaim after forty seven days of arbitration.
  • Obtained an arbitration award totaling $478,708.00 in favor of a general contractor against a municipality after eight days of arbitration.
  • Successfully defeated a subcontractor’s claims for breach of contract, quantum meruit, and 93A after an eleven day bench trial.
  • Obtained a judgment in favor of a subcontractor and defeated extensive counterclaims after a three day jury trial.
  • Obtained a judgment against a concrete supplier arising out of the supply of defective concrete and defeated the supplier’s counterclaim by way of a directed verdict after a four day jury trial.

  • Massachusetts, 1991
  • Virginia, 1990