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Samuel M. Tony Starr

Member / Co-chair, Construction Law Practice



Tony is a litigator and prominent construction lawyer who works with clients throughout the construction industry: contractors, owners, developers, and public authorities. His practice includes representing clients in significant construction litigation, arbitrations, and mediations, and counseling them on contract drafting, bidding matters, and project-related disputes. He is frequently invited to speak about construction law developments and alternative dispute resolution. In addition to his multifaceted construction practice, he also advises a major gaming company on litigation and regulatory matters related to the development and construction of a major casino resort.

Tony is Co-chair of the firm's Construction Law Practice Group and a Member of the Litigation Practice. He represents contractors, owners, developers, and public authorities across a wide range of construction-related issues in both the public and private sectors including contract drafting, bidding issues, job problems, change order disputes, mechanics’ liens, bond claims, terminations, and delay claims.

Tony has represented clients in numerous major construction trials, arbitrations, and mediations. He is a frequent lecturer in the area of construction law, particularly in the area of arbitration and mediation of construction disputes.

In addition to Tony’s construction practice, he has represented the gaming company Wynn MA LLC on various matters since 2014. This representation includes surrounding community arbitrations, challenges in state court, hearings before the Massachusetts Gaming Commission, and adjudicatory proceedings before the Massachusetts Department of Environmental Protection in connection with the development of a destination resort style casino facility.


  • Northeastern University (JD)
  • Harvard University (BA)


Construction Litigation & Dispute Resolution

  • Represented an independent authority in an investigation of contractor compliance with the federally mandated disadvantaged business enterprise program.
  • Represented a municipal water and sewer authority in court, arbitration, and mediation against a design-builder of a combined sewer separation project. Authority terminated the design builder for performance and design failures. 
  • Represented the lead engineering procurement and construction contractor in a multi-million dollar, 34-day, three-party arbitration arising out of the failure of the wastewater treatment plant at a pulp and paper de-inking facility.
  • Represented the developer of mixed-use condominium project in court against a terminated general contractor asserting a claim of wrongful termination.
  • Represented the general contractor on major hospital renovation project against bankrupt millwork subcontractor’s performance bond surety in a 9 day arbitration for delay and impact damages.
  • Represented the managing member of limited liability company in an arbitration brought by minority member asserting claims of breach of fiduciary duty and failure to comply with Delaware LLC Act in connection with the development of a mixed-use condominium project.
  • Represented a design-builder in mediation against a design consultant on several major highway and bridge design-build projects for design failures including inadequate estimating.
  • Represented a major university in court and mediation on construction and design claims against a builder and architect on a $250 million science, classroom, and research facility.
  • Represented an excavation and garage contractor against a construction manager in a 16 day arbitration for wrongful termination.
  • Represented a large contractor in a multi-million dollar differing site condition claim against an owner on the 9 ½ mile Outfall Tunnel Project for the Massachusetts Water Resources Authority.
  • Represented a large dredging company in a multimillion-dollar action against the US Army Corps of Engineers including a trial in Court of Claims. Case arose out of survey practices employed by the Corps on the dredging of a major shipping channel in New York-New Jersey Harbor.

Construction Law & Counseling

  • Represent a variety of owners and contractors on drafting and negotiating multiple contract forms (AIA, custom forms). 
  • Revised owner, contractor, and subcontractor contract payment provisions to comply with new Massachusetts Prompt Pay and Retainage Law. 
  • Represented an independent authority in an investigation of contractor compliance with the federally mandated disadvantaged business enterprise program. 
  • Represent of a variety of owners and contractors on contract performance issues, change orders, and schedule issues.
  • Served as outside counsel for the Massachusetts Port Authority in connection with the $1.2 billion modernization program at Boston’s Logan Airport. This engagement included detailed contract review, bid protest advice and hearings, and construction claims review and litigation.


  • Representation of gaming company Wynn MA LLC in multiple hearings before Massachusetts Gaming Commission during successful licensing process.
  • Representation of Wynn MA LLC in surrounding community arbitrations against Somerville and Chelsea.
  • Representation of Wynn MA LLC in court challenge to Massachusetts Environmental Protection Act (“MEPA”) Certificate brought by neighboring community Somerville.
  • Representation of Wynn MA LLC in Massachusetts Department of Environmental Protection adjudicatory proceeding brought by Somerville challenging Wynn MA LLC’s Chapter 91 License.
  • Represents owner of Back Bay building in dispute with tenant on damages to building resulting from substantial tenant improvements.
  • Successfully represented Wynn MA, LLC in securing the license to build a five star integrated resort with a casino in Everett, MA.
  • Represented the University of Massachusetts in the contract review and negotiation of a $55 million biolab facility in Boston.

Recognition & Awards

  • Chambers USA: Massachusetts- Construction Law: Band 1 (2020-2022)
  • Massachusetts Super Lawyers: Construction Litigation (2006 – 2021)
  • Best Lawyers in America: Litigation – Construction, Construction Law (2012 – 2022)
  • Boston Magazine Top Lawyers – Construction Litigation (2021)
  • Best Lawyers in America, "Lawyer of the Year": Boston Litigation - Construction (2018,2019 & 2021)
  • Martindale-Hubbell AV Preeminent


  • Member, ABA Forum on the Construction Industry
  • Member, Gaming Law Committee, ABA Business Law Section
  • Member, MBA Construction Law Practice Group
  • Member, MBA Civil Litigation Section
  • Member, BBA Alternative Dispute Resolution Committee
  • Member, BBA Construction Law Committee
  • Board of Directors, Association of General Contractors (AGC) of Massachusetts
  • Member, Construction Industries of Massachusetts (CIM)
  • Board member; Founding member; Co-chair, Development Committee; Co-chair, Leadership Council: The Schwartz Center for Compassionate Healthcare
  • Presidential Appointee to the Board; Chair, Security Task Force; Past Vice President of Administration; Past Chair, Building Committee: Temple Beth Elohim
  • Member, Corporation; Past Member, Facilities Committee: Belmont Hill School


- French

Recent Insights

News & Press



Bankruptcy & Restructuring Viewpoints Thumbnail
A reminder for how property owners and real estate developers can protect themselves – and their projects – from downstream distress. There are six key issues that owners should consider when contracting for their next project.
Read more
Complex Commercial Litigation Viewpoints Thumbnail

What the COVID-19 Pandemic Means for Force Majeure Provisions

March 13, 2020 | Alert | By Samuel M. Tony Starr, Kaitlyn C. Leonard, Clare Prober

Read about what the World Health Organization’s declaration that COVID-19 is a pandemic means for force majeure provisions in contracts.
Read more
Complex Commercial Litigation Viewpoints Thumbnail

What You Need to Know about Force Majeure in Light of the Coronavirus

March 10, 2020 | Alert | By Samuel M. Tony Starr, Kaitlyn C. Leonard, Clare Prober

With the outbreak of coronavirus disease 2019 (“COVID-19”), the disease caused by the novel coronavirus (“SARS-CoV-2”), companies across various industries are taking precautions, some of which already have, and inevitably will result in nonperformance of their contracts.
Read more
Viewpoint Thumbnail

Claimants Need Not Record Complaints to Enforce Lien Dissolution Bonds Under

May 28, 2019 | Blog | By Samuel M. Tony Starr, Kevin Mortimer

In a recent decision, the Supreme Judicial Court of Massachusetts (SJC) has held that a contractor seeking to enforce a lien dissolution bond under G.L. c. 254 § 14 need not record an attested to copy of its complaint with the Registry of Deeds. In City Electric Supply Co. v. Arch Insurance Co., the SJC vacated a decision of Norfolk Superior Court—refusing to apply the recording requirement of G.L. c. 254 § 5 to G.L. c. 254 § 14.
Read more
Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement as they would any other contract. Therefore, the terms of the arbitration clause in your commercial contract are critical.
Read more

Educational Institutions Targeted in Fraudulent Payment Requests

August 26, 2016 | Blog | By Samuel M. Tony Starr

Educational institutions should be aware of fraudulent request for payments from vendors. The FBI Boston Division identified three incidents over the past month where perpetrators submitted fraudulent transfer authorization forms to divert payments to Boston area colleges and universities. 
Read more

News & Press

News Thumbnail
Although the construction industry has largely been able to operate during the COVID-19 pandemic, there nevertheless have been many construction-related bankruptcy filings throughout the United States. In a Q&A article published by Thomson Reuters Practical Law, Mintz Member and Co-chair of the firm's Construction Law Practice Samuel M. Tony Starr and Associates Caitlin Hill and Timothy McKeon discussed how owners and developers can protect their businesses and projects from downstream distress.
News Thumbnail
Mintz Member and Co-chair of the firm’s Construction Law Practice Samuel M. Tony Starr and Associates Caitlin Hill and Timothy McKeon participated in a Thomson Reuters Expert Q&A discussing contractor distress and the intersection of construction law and bankruptcy.
News Thumbnail
In an article published by Massachusetts Lawyers Weekly, Mintz Member and Co-chair of the Construction Law Practice Samuel M. Tony Starr was among construction lawyers quoted on the implications of a recent Superior Court decision in Tocci Building Corp. v. IRIV Partners, LLC, et al., which involved the state's Prompt Payment Act.
News Thumbnail
Mintz Member and Co-chair of the firm’s Construction Law Practice Samuel M. Tony Starr co-authored an article published in the August 2020 issue of the American Bar Association (ABA) Forum on Construction Law's Under Construction that provides considerations for contractors revising general conditions to reflect the realities of construction projects following the outbreak of COVID-19.
News Thumbnail
Mintz Member Peter Biagetti and Associate David Kete co-authored an article published in the January 2020 edition of Thomson Reuters’ Civil RICO Report detailing a notable ruling achieved by Mintz in a federal court in Boston that will have a significant impact on how future cases alleging a RICO “pattern” will be assessed.
News Thumbnail
The Boston Globe reported that on November 15, 2019, Chief Judge for the U.S. District Court for the District of Massachusetts Patti B. Saris dismissed with prejudice federal RICO claims by plaintiff Sterling Suffolk Racecourse seeking over $3 billion in damages against Mintz clients Wynn MA, LLC, Wynn Resorts, LTD and its Chairman in a lawsuit arising out of the bid process for a much sought-after gaming license in the Greater Boston area. The Mintz team was led by Member Peter Biagetti, along with Member and Co-chair of the Construction Law Practice Tony Starr, and Associates Caitlin Hill and David Kete.
Press Release Thumbnail
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas. 
Tony Starr, Co-chair of Mintz’s Construction Law Practice, was featured in this Boston Herald article covering the legal proceedings between Wynn Boston Harbor and the state Department of Environmental Protection over a permit along the waterfront of the planned Everett casino.
Co-chair of Mintz’s Construction Law Practice Tony Starr was mentioned in this Boston Globe article on the case between Wynn Boston Harbor and the Department of Environmental Protection concerning Wynn’s construction permit for a future casino.



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