Michael P. Sams

Michael Sams, a co-founder of Kenney & Sams, is a respected litigator, advocate and business advisor, serving companies throughout New England. He successfully tries, appeals, mediates and arbitrates disputes before the Massachusetts Superior and District Courts, the Supreme Judicial Court, the Massachusetts Appeals Court, the U.S. First Circuit, private ADR services, and a range of state and federal agencies.

Mike is well known as a trial lawyer and risk manager for participants in the construction industry including contractors, owners, architects, engineers, subcontractors, suppliers and manufacturers.  Mike’s counsel spans both public and private construction projects and his success is attributed in part to his 360-degree perspective gained through work with businesses on all sides of projects. Mike handles contract drafting and negotiation, and handling payment claims, change order and delay disputes, construction defect disputes, mechanic’s lien and bond claims, and insurance coverage work.

In addition to construction-related work, Mike handles general business litigation across a range of industries and companies. This includes landlord-tenant disputes, employer/employee issues such as wage and discrimination claims, insurance coverage disputes, and personal injury cases. Although Mike is always prepared to provide the aggressive, effective defense or prosecution at trial or arbitration, he works with his clients to manage risk and minimize the frequency of litigation. In all instances where litigation is necessary, Mike employs deep experience as a trusted advisor to developing litigation and trial strategy in the context of accomplishing business objectives.

Mike is AV rated by Martindale Hubbell—the highest rating for legal ability and professional ethics. Boston Magazine recognizes Mike as a Massachusetts “Super Lawyer,” he is a Fellow in the Construction Lawyers Society of America and has been named a New England Super Lawyer annually for over a dozen years. Mike is also recognized by Best Lawyers in America©.  Mike is a sought-after speaker for legal and industry organization gatherings, where he presents best practices for risk management, dispute strategy, and winning at trial.

Reported Cases

  • Barr Inc. v. Town of Holliston, 462 Mass. 112 (2012)
  • Fordyce v. Town of Hanover, 457 Mass. 248 (2010)
  • National Lumber Company v. Blackwood Development Corp., 85 Mass. App. Ct. 112 (2014)
  • Or v. Edwards,62 Mass. App. Ct. 475 (2004)
  • Acquacultural Research Corp. v. Old King’s Highway Reg’l Historic Comm’n, 2014 Mass. App. Div. 100
  • Barr Inc. v. Town of Northborough, S. Ct. App., No. 07-2058 (1stCir. Sept. 28,2007)

Professional Associations

  • Massachusetts Continuing Legal Education (Secretary, Board of Directors, 2017; Board of Directors, 2013-present; Faculty, “Prompt Pay” Statute Program, 2010; Faculty, Massachusetts Evidence Law, 2009; Chair, Public Construction Law Reform, 2005 & 2008; Chair, programs concerning the Independent Contractor Statute and its impact on business, 2007 & 2008)
  • Massachusetts Defense Lawyers Association (Policy Committee, 2017; President 2013; Board of Trustees, 2006-2014)
  • Boston Bar Association (Co-Chair, Construction Law Committee, 2013-2015; Education Committee, 2009-2011; Public Service Committee, 2008-2011)
  • Massachusetts Bar Association (Civil Litigation Section, 2007-2008, 2016-Present)
  • ConsensusDocs Master Subcontract Agreement Drafting Committee (2018-Present)
  • Boston Inn of Courts (President, 2010-2011; Executive Committee, 2006-2012)
  • Defense Research Institute (Immediate Past Chair, Construction Law Committee, 2014-Present; Steering Committee 2010-present)
  • Gould Construction Institute (General Counsel, 2013-present; Board of Trustees 2006-2012; Chairman, 2011)
  • Massachusetts Building Congress (Membership Committee, 2015- present)
  • Construction Financial Managers Association (Board of Directors, 2006-2013; Secretary, Executive Committee, 2007-2009)
  • Eastern Massachusetts Chapter of the National Association of the Remodeling Industry (Secretary & Executive Committee Member, 2007-2011; Board of Trustees, 2006-2012)
  • Northeastern University School of Law (President, Alumni Association, 2015-2016, Board of Directors, 2011- present)
  • University of Rhode Island (Co-Chair, Massachusetts Alumni Chapter, 2008-2012)

Publications

Contact

Practice Areas

  • Construction and Real Estate Litigation
  • Business Litigation
  • Employment Law
  • Insurance Law
  • Landlord Tenant Disputes

  • Appellate Practice

  • Personal Injury

Admissions

  • Commonwealth of Massachusetts

  • United States District Court For The District of Massachusetts

  • United States Court of Appeals, First Circuit

Education

  • Northeastern University School of Law, 1994, J.D.

  • University of Rhode Island, 1990, B.A. (magna cum laude)