Stanley A. Martin
Partner

Duane Morris LLP
100 High Street, Suite 2400
Boston, MA 02110-1724
USA

Phone: +1 857 488 4278
Fax: +1 857 401 3028
Email: SAMartin@duanemorris.com

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Stanley A. Martin

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Stanley A. Martin practices in the area of construction law, particularly in the areas of contract negotiations, procurement, performance and claims, arbitration and litigation. Mr. Martin has conducted more than 100 construction-claim trials before courts, special masters and arbitration panels. He has represented clients including many Engineering News Record (ENR) top-400 contractors—three of which are in the ENR top 10—on all aspects of various construction projects.

Mr. Martin is a Fellow of the American College of Construction Lawyers and has been an active member of the Associated General Contractors of America (AGC) and AGC of Massachusetts for 16 years. He has served as a lecturer on construction law at the Massachusetts Institute of Technology and at Northeastern University, and has authored numerous construction-law texts and articles. He has served as chair of the Massachusetts Bar Association's Public Law Section and of the Construction and Public Contracts Committee and has chaired several committees in the construction division of the Section of Public Contract Law of the American Bar Association. Mr. Martin is also a member of the National Panel of Arbitrators of the American Arbitration Association.

Mr. Martin is a 1984 graduate of Boston College Law School and a graduate of the Massachusetts Institute of Technology.

Areas of Practice

  • Construction Law

Admissions

  • Massachusetts
  • New Hampshire
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of New Hampshire
  • U.S. Court of Appeals for the First Circuit

Education

  • Boston College Law School, J.D., 1984
  • Massachusetts Institute of Technology, B.S., Architecture, 1977

Experience

  • Duane Morris LLP
    - Partner, 2010-present
  • Holland & Knight LLP
    - Partner, 2001-2010
  • Gadsby & Hannah
    - Attorney, 1984-2001

Professional Activities

  • Associated General Contractors of America
  • Boston Bar Association
  • AAA Panel of Arbitrators
  • American Bar Association
    - Forum on the Construction Industry, 1985-present
    - Section of Public Contract Law, 1985-2005
    -- Vice Chair, Construction Division, 1997-1999
    -- Chair, Dispute Resolution Committee, 1995-1997
    -- Chair, Architect/Engineer Services Committee, 1993-1995
  • Massachusetts Bar Association
    - Public Law Section
    -- Chair, 1993-1994
    - Construction and Public Contracts Committee
    -- Chair, 1991-1993
  • International Bar Association
  • Massachusetts Construction Industry Council
    - President, 1988-1989
  • Associated General Contractors of America, 1994-present
    - Project Delivery Committee
    - Risk Management Committee
    - Contract Documents Committee
    - Member, Working Groups on:
    -- Protocol for electronic transfer of project documents
    -- Revised textbook on project delivery systems
    -- Integrated project delivery methods and contracts
  • Associated General Contractors of Massachusetts, 1994-present
    - Board member, 1999-2001
  • Boston Society of Architects
    - Corporate Advisory Council, 1998-1999
    - Chair, Legislative Affairs Committee, 1990-1994
  • Northeastern University
    - Lecturer, Public Construction Law, 1988-1995
  • Massachusetts Institute of Technology
    - Lecturer, Construction Law, 1999-2000

Honors and Awards

  • Named a Best Lawyers "Lawyer of the Year" in Construction Law, Boston, 2013
  • Listed in The Best Lawyers in America
  • Fellow of the American College of Construction Lawyers
  • OSHA 10-hour Safety Program Certified, June 2007
  • Listed in Massachusetts Super Lawyers for construction and surety, 2005-2013
  • Listed in Boston's Best Lawyers (construction), 2008-2013
  • Listed in Who's Who in America, 1992-present
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Civic and Charitable Activities

  • Boston Architectural College
    - Board Member and Secretary, 2000-2004
  • United Way of Eastern Massachusetts
    - Member, Real Estate and Building Industry Committee, 2006-2009
  • Edgewood Retirement Community Board - Board Member, 2001-2013
    - Vice President, 2007-2010
    - President, 2010-2012
  • Wilson Memorial Chapel, Ocean Point, Maine
    - Trustee 2008-present
    - President, Board of Trustees, 2009-present
  • A Better Chance, Andover, Massachusetts chapter
    - Board Member, 1981-1984

Selected Publications

  • "A Key Lesson for Owners and Prime Contractors About Payments," Duane Morris Alert, March 14, 2013
  • Co-author, "Massachusetts Appeals Court Invalidates Mechanic's Liens Against Condo Common Areas," Duane Morris Alert, January 11, 2012
  • Co-author, Project Delivery Systems for Construction, 3rd Edition, Associated General Contractors of America, 2011
  • "Build for the Tenant, but Lien the Landlord's Title? Massachusetts Supreme Judicial Court Clarifies the Standard," Duane Morris Alert, April 19, 2011
  • "Design Professionals May File Mechanic's Liens in Massachusetts," Duane Morris Alert, February 18, 2011
  • "Massachusetts Appeals Court Rules on Burden of Proof for Lien Claimants," Duane Morris Alert, September 16, 2010
  • Co-author, "New Massachusetts Prompt-Pay Law to Govern Private Construction," Duane Morris Alert, August 12, 2010
  • "Northeast Region" chapter, Construction Law Update (Neal J. Sweeney, Editor), Wolters Kluwer, 1995-present
  • Construction Law Handbook, 2d Edition (co-editor with Richard K. Allen), Wolters Kluwer, 2009
  • Architect-Engineer Liability Under Massachusetts Law (co-author with John B. Miller), Cambridge Institute, 1990
  • Mechanic's Liens, Performance and Payment Bonds Under Massachusetts Law, Cambridge Institute, 1998
  • "Construction Contract Damages" chapter (co-author with James J. Myers), Damages, Interest and Attorneys' Fees in Massachusetts Litigation, Mass. Continuing Legal Education (MCLE), 1996 and 3rd edition 2009
  • Project Delivery Systems for Construction (contributing author), Associated General Contractors of America, 2004
  • "Construction Management Contract Responsibilities: Construction and Completion Phases" chapter author, Design Professional and Construction Manager Law, (Hess, Bales, Folk and Holt, Editors), ABA Forum, 2007
  • "Getting the Insurance Company On Board" chapter (co-author with James J. Myers), Construction Failures (Cushman, Richter and Rivelis, Editors), Wiley, 1989
  • "Architect-Engineer and Surety Issues - Construction of Public Buildings and Public Works," Public Contracting in the Commonwealth, ABA Public Contract Law Section, 1994
  • "Construction Contract Remedies and Damages," Massachusetts Law Review, Dec. 1, 1991
  • Massachusetts Construction Law (co-author with Christopher L. Noble and Ronald G. Busconi), PESI, 2002
  • "Alternative Dispute Resolution,” "Establishing and Enforcing Mechanic's Liens in Massachusetts,” and "Construction Arbitration in Massachusetts" chapters (co-author with Ronald G. Busconi, James J. Myers and John B. Miller, respectively), Real Estate Litigation Series, MCLE, 1995

Selected Speaking Engagements

  • "Construction Professional Services Agreements," Strafford Webinar, February 2, 2012
  • "Construction Payment Bond Fundamentals," Audio Conference, September 27, 2011
  • "Construction Delay Claims: Proving and Defending Damages," Webinar, August 9, 2011
  • Boston Bar Association's Negotiating and Drafting Construction Contracts Seminar, Boston, Massachusetts, March 30, 2011
  • Associated General Contractors of America's 2011 Conference on Surety Bonding and Construction Risk Management, Naples, Florida, January 31 to February 1, 2011
  • "Insurance Coverage of Construction Defects," AGC of Massachusetts, June 7, 2010
  • "Integrated Project Delivery: Will Historians Call it The Edsel or the Prius?," Boston Bar "Best Practices for a Difficult Project Closeout," AGC of Massachusetts, October 30, 2008
  • "BIM: The Actual Risks of Virtual Modeling," Associated General Contractors of America, July 26, 2007 (audio conference)
  • "Dispute Avoidance Techniques," Dispute Review Board Foundation, October 15, 2008
  • "Public Construction in Massachusetts," Mass. Continuing Legal Education (MCLE), October 17, 2008; June 22,2005
  • "Massachusetts Construction Law," PESI, February 11, 2005; January 30, 2004; October 30, 2002; October 14, 1999; October 1, 1998
  • "Basics of Government Contracting," Federal Publications, October 15-17, 1997; Sept. 17-19, 1997; June 18-20, 1997; February 5-7, 1997
  • "Design/Build in the Public Sector," Construction Industries of Massachusetts, October 2, 2008
  • "Mechanic's Liens, Performance and Payment Bonds under Massachusetts Law," Cambridge Institute, March 17, 1998; March 12, 1997; October, 13, 1996
  • "Public Contracting in the Commonwealth," ABA Section of Public Contract Law, May 22, 1995; and May 23, 1994
  • "A Practical Approach to Mechanic's Liens," MCLE, July 8, 2008; July 10, 2007
  • "Crane Safety Legislation and Recent Developments," AGC of Massachusetts Safety Committee, February 15, 2008
  • "The Architect's Responsibility for Acts and Omissions," Center for International Legal Studies, June 19, 1998
  • "Construction Management and Design/Build," Lorman, December 1, 2005
  • "Public Filed Sub-Bid Workshop,” Boston Society of Architects, July 10, 2006; October 7, 2003
  • "Construction Contracting: New Twists on Perennial Problems," ABA Section of Public Contract Law, August 4, 1998
  • "Turnkey: Maximum Project Risk or Opportunity?" AGC of America Super Conference, February 10, 2000
  • "Massachusetts Construction Law,” Federal Publications, October 31, 1997; November 1, 1997; May 8, 1996
  • "The True Story of Design/Build,” AGC/BSA Joint Committee on Recommended Practices, November 14, 2004 (Build Boston Convention)
  • "Pre-Engineered Building Program" (case study workshop), joint program by New Hampshire Bar Association and ASCE, April 27, 1993
  • "Architect/Engineer Liability under Massachusetts Law," Cambridge Institute, May 31, 1989; November 22, 1988
  • "Five Principles for a Successful Design/Build Project," Lorman, February 1, 2007 (audio conference)
  • "Construction Law From Contract to Reality," CLE International, January 23-24, 1997
  • "Joint Ventures - Bonds and Insurance," Massachusetts Society of Certified Public Accountants, June 16, 1994
  • "Construction Risk Management," Cambridge Institute, December 3, 1998
  • "Serving Two Masters," Massachusetts Surety Association, March 28, 1996
  • "Successful Project Communications," American Institute of Architects, April 19, 1994
  • "Construction Documents" section of Architect's Registration Exam prep course, Boston Architectural College (f/k/a Boston Architectural Center), May 6, 1989
  • "What Do You Do When ... ?," National Business Institute, April 29, 1997; April 23, 1996
  • "Preparing and Presenting Construction Claims," National Electrical Contractors Association, March 26, 1994; August 2, 1994; June 18, 1994