J. Nathan Cole
Shareholder
- 508-490-8500
Nathan Cole, a Shareholder at Kenney & Sams, is an experienced trial lawyer who represents businesses and individuals before the Massachusetts Superior Court, the Massachusetts Appeals Court, the U.S. District Court, numerous private mediators, and arbitrators. His clients are involved in construction, manufacturing, solar, real estate development, insurance, food services, retail, waste management, and hazardous-materials cleanup.
Nate has extensive experience with construction litigation, representing general contractors, solar developers, scaffolding manufacturers, subcontractors, building owners, and property managers in payment disputes, delay claims, loss of productivity claims, lease disputes, jobsite-defect cases, premises liability, product liability, and insurance coverage disputes. He uses this experience to guide businesses in all phases of risk management and planning, including construction and business contract negotiations, indemnification agreements, and employee hiring and termination considerations.
Nate was named to Boston Magazine’s Top Lawyers List (Construction) for 2023 and 2025 and has been recognized in The Best Lawyers in America® (Commercial Litigation, Construction Litigation, and Personal Injury – Defendants) since 2020. He has been named to the Massachusetts Super Lawyers® list (Business Litigation) every year since 2013 and been twice recognized by BTI Consulting Group, Inc. as a Client Service All-Star (2022-2023). He is rated AV Preeminent® by Martindale-Hubbell, the highest peer rating given to attorneys for their professional excellence, legal expertise, communication skills, and ethical standards.
Nate was elected as an Officer for the Massachusetts Defense Lawyers Association, where he also serves as chair of the Construction Law Committee. From 2022-2024, Nate chaired the International Association of Defense Counsel’s (IADC) Construction Law and Litigation Committee and is serving a three-year term on the IADC’s Membership Committee where he serves as the Chair of the Northeast Regional Membership Committee. He began his career as an Attorney-Advisor in the Ethics Division of the United States Department of Commerce’s Office of General Counsel in Washington, D.C. He left the Department of Commerce to serve as a law clerk to the Justices of the Massachusetts Superior Court before entering private practice.
Nate frequently presents to industry groups and bar associations on risk management, construction, law firm management, and insurance matters. Nate has also been a guest lecturer at various law schools and presented on topics to the Boston Bar Association, Massachusetts Continuing Legal Education, and IADC, and has served as a trial tactics instructor for the National Institute for Trial Advocacy. He regularly presents on the cross-examination of expert witnesses for Exponent and other expert witness providers.
Professional Associations
- Treasurer, Massachusetts Defense Lawyers Association (2024-Present)
- Chair, Construction Law and Litigation Committee of the International Association of Defense Counsel (2022-2024)
- Chair, Construction Law Committee of the Massachusetts Defense Lawyers Association (2022-Present)
- Member, MassBar Association’s Real Estate and Construction Law Practice Group (2024-Present)
- Massachusetts Defense Lawyers Association Board of Directors (2019-2024)
- Co-Chair, Professional Liability Insurance Subcommittee of Boston Bar Association (2019-2020)
- Massachusetts Bar Association (Judicial Administration Committee)
In The Press
- Prompt Pay Act Violation Voids Claim For Recoupment (https://masslawyersweekly.com/2024/12/13/prompt-pay-act-violation-voids-claim-for-recoupment/)
- Failure To Prosecute Leads To Dismissal of Suit Against Rapper DaBaby (https://masslawyersweekly.com/2024/11/22/failure-to-prosecute-leads-to-dismissal-of-suit-against-rapper-dababy/)
- Liquidated Damages Provision Ruled Unenforceable (https://masslawyersweekly.com/2022/03/25/liquidated-damages-provision-ruled-unenforceable/)
- Defense Verdict In Subrogation Case Reversed (https://masslawyersweekly.com/2021/02/18/defense-verdict-in-subrogation-case-reversed/)
- Mechanic’s Lien Unenforceable Due to Statutory Noncompliance (https://masslawyersweekly.com/2018/06/20/mechanics-lien-unenforceable-due-to-statutory-noncompliance/)
- Tenant’s “Unreasonable” Use of Hazardous Exit Precludes Habitability Claim (https://masslawyersweekly.com/2018/03/15/tenants-unreasonable-use-of-hazardous-exit-precludes-habitability-claim/)
- Wrongful Death Verdict Vs. Sports Pub Affirmed (https://masslawyersweekly.com/2016/10/20/wrongful-death-verdict-vs-sports-pub-affirmed/)
- Patron Can’t Sue For Trip-And-Fall In Store (https://masslawyersweekly.com/2015/07/16/patron-cant-sue-for-trip-and-fall-in-store/)
Speaking Engagements
- Guest Speaker: IADC’s 2025 Mid-Year Meeting in Dana Point, CA: “Wining the War For Talent: Finding, Developing and Keeping Future Firm and In-House Leaders”
- Guest Speaker, National Electrical Contractors Association’s Greater Boston Chapter: “Using NECA Factors To Prepare and Win Loss of Productivity Claims”
- Guest Speaker: Halfmoon Seminar’s “Solving Problems During the Construction Process”
- Guest Speaker: National Electrical Contractors Association’s Greater Boston Chapter: “Understanding Key Insurance Provisions In Your Construction Contracts”
- Guest Speaker: MassDLA Brown Bag Lunch Series “Mechanic’s Liens Pitfalls and Traps for the Unwary”
- Guest Speaker: MCLE’s “Out-of-State Subpoenas & Interstate Discovery”
- Guest Speaker: IADC’s 2019 Annual Meeting in Ashville, NC: “The Non-Delegable Duty For Jobsite Safety”
- Guest Speaker: IADC’s 2021 Annual Meeting in Chicago, IL: “Reverse Engineering Contract Clauses For Effective Risk Management of Delay Claims”
- Guest Speaker: National Electrical Contractors Association’s Greater Boston Chapter: “Alternative Project Delivery Methods Under Mass. General Laws Chapter 149A”
- Guest Speaker: IADC’s 2022 Annual Meeting in Scottsdale, AZ: “Blockchain and the Practice of Law: How Cryptocurrency Will Impact the Legal Profession and Our Clients”
- Guest Speaker: IADC’s 2024 Mid-Year Meeting in Miami, FL: “Reimagining Rainmaking: How Alternative Origination Credit Models Can Address Inequality and Enhance Retention”
- Chair: MCLE’s “Practicing With Civility: New Lawyer Launch”
Publications
- Mechanic’s Lien Unenforceable Due to Statutory Noncompliance
- Massachusetts Mechanic’s Lien Statutory Deadlines Are Strictly Enforced, Pandemic or Not
- The Policy Giveth and the Policy Taketh Away: Do You Know Your Insurance Policy’s Coverage Exclusions?
- Business Interruptions Insurance Coverage Update: Massachusetts Senate Considers Retroactively Expanding Coverage to Include Covid-19 Based Claims.
- Are You Registered As A Home Improvement Contractor? Should You Be?
- Do You Have a Duty to Read Your Insurance Policies?
- Insurance Agents: Order Takers or Advisors?
- How Prudent Risk Management Can Extend the Workers’ Compensation Act’s Tort Immunity to Companies That Lease Their Employees
Practice Areas
Contract Law
Professional Liability
Admissions
Massachusetts
United States District Court
New Hampshire
Education
Boston College Law School, J.D., 2003
Bates College, B.A., 1997
Awards & Recognition
Recognized by Best Lawyers in America® – 2021, 2022, 2023, 2024, 2025
Selected to the Massachusetts Super Lawyers list – 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024
Awarded Client Service All-Star by BTI Consulting Group 2022-2023
AV® Preeminent™ rating by Martindale-Hubbell®
43rd Annual IADC Trial Academy
Selected for inclusion in 2013-2015 Massachusetts Rising Stars®
Recommended Insurance Attorneys – General Defense 2014