Diane R. Rubin has extensive experience as construction and real estate counsel to private, public, and nonprofit clients including property developers and other owners, most notably colleges, universities, awarding authorities, and condominium associations. Diane’s practice incorporates the following disciplines:
In the construction law arena, Diane represents owners, developers, general contractors, subcontractors, architects, and engineers in all aspects of construction transactions and disputes. She begins helping clients as early as the planning phase and continues to assist with procurements and through project completion for both new construction and aging infrastructure projects. She is expert at drafting both simple and complex design and construction agreements to manage risk, define the scope of work, and establish financial controls. When disputes arise, Diane has a proven track record of aggressively pursuing remedies and achieving results through negotiation, mediation, arbitration, and litigation in state and federal court. She is experienced in areas such as construction and design defects and has obtained significant, seven-figure awards for her clients. Diane is both a member of the AAA’s National Construction Panel of Arbitrators and a mediator. She has substantial expertise and provides guidance and representation to clients in matters concerning accessibility requirements under state and federal law.
Colleges and Universities
Diane represents a number of colleges and universities in a wide range of construction, design, and contracting projects. She regularly aids facilities departments at colleges and universities as they address aging infrastructure needs and build new projects, including dormitories, dining halls, science centers, arts campuses, and more. Clients rely on Diane to manage their projects with an eye toward quality and savings. Diane also drafts standard short-form general service, professional service, and construction agreements and provides training sessions for staff on smaller projects. Once trained, the staff is better able to ensure that their project proceeds efficiently and with strict levels of quality control.
This area of Diane’s practice encompasses a broad range of transactional and litigation matters, from permitting and land use to sophisticated acquisitions and dispositions, leasing matters, development, and due diligence. She regularly advocates with governmental entities on behalf of clients in matters such as land use issues, zoning, and permitting. As a litigator, Diane represents insurers, property owners, and abutters with respect to title, boundary, waterfront rights, easement, and private way disputes. She has extensive experience as a mediator and arbitrator and tries cases before the Massachusetts Land Court and Superior Court.
In her condominium law practice, Diane regularly represents residential, mixed use, and tiered condominium associations in complex land use, governance, construction, aging infrastructure, and property rights matters. She has extensive experience helping condominium boards modernize their condominium documents and assisting with the process of turnover from developer to unit owner control and governance. Diane regularly counsels trustees and managers as they undertake due diligence of their association’s financial, accounting, and physical conditions at the time of turnover.
Diane began her career as an attorney with the then Massachusetts Department of Public Welfare, and there served as Deputy General Counsel, overseeing housing, medical assistance, and other benefit programs. In that role, she specialized in large and complex procurements, contract negotiations, interagency relationships structuring, and public records and conflict of interest matters, as well as the drafting and critiquing of legislation to achieve agency goals and objectives. Diane was called upon to conduct more than two dozen confidential investigations, ranging from investigations of financial malfeasance by program providers to programmatic reviews involving security and reputational issues. Diane saw these investigations through to sanctions, contract terminations, and workout agreements.
As Associate General Counsel for the Massachusetts Turnpike Authority, Diane was responsible for the supervision of all litigation, including several high-profile eminent domain cases, as well as lease, telecommunications, computer software, and insurance disputes, and a multitude of construction and design negligence lawsuits. She teamed with risk management professionals to develop insurance and claims strategies to effectively and efficiently limit exposure. She participated in redrafting the general terms and conditions for the Massachusetts Turnpike Authority’s construction agreements and bid documents and assisted in drafting many procurements and managing bid challenges. She also served as counsel relative to the Massachusetts Turnpike Authority’s employment matters, such as discrimination and sexual harassment policies and complaints. Here also, Diane was called upon to conduct investigations involving both financial and employment issues.
In private practice, Diane continues to be called upon to undertake investigations involving alleged improprieties of great import to her clients. She represents awarding authorities, as well as property owners, contractors, and others doing business with the local, state, and federal governments. Notably, Diane has worked closely with the Massachusetts Turnpike Authority to design a systemwide accessibility initiative and develop procurement documents and strategic planning for its efficient implementation.
- Boston University School of Law, J.D., 1985
- Brandeis University, B.A., magna cum laude, 1981, Phi Beta Kappa
- President of Real Estate Bar Association of Massachusetts (REBA), Chair of Condominium Law and Practice Committee, REBA Dispute Resolution Board
- American Arbitration Association, National Construction Panel of Arbitrators
- The Abstract Club
- Caritas Communities, Member, Board of Directors; Co-Chair of Annual Dinner Committee
- Community Associations Institute
- Commercial Real Estate Women
- Women’s Bar Association, Alternative Dispute Resolution Committee
- Brandeis University, Women’s Studies Research Center, Advisory Board
- Former Board Member, Temple Shir Tikvah
- 2013-present: Named a Massachusetts “Super Lawyer,” as published in Boston magazine
- 2010: Named by Massachusetts Lawyers Weekly as one of the year’s “Top Women in the Law”
- 2009: Featured in Boston Women’s Business Journal as a Top 10 attorney in Boston
- January 2018: “Supreme Judicial Court to Decide Enforceability of Condominium Poison Pills,” REBA News
- May 2017: Panelist, “CLE – Troubleshooting Condominium Documents: Rights, Obligations and Potential Conflicts,” Boston Bar Association Program
- May 2017: Speaker, “Make Them Work For You: Dispute Resolution. Clauses and Your Practice ~ Practical Skills Session,” with Joel M. Reck, Real Estate Bar Association Spring Conference
- May 2017: Presenter, “Accessibility Requirements: Common Misconceptions and What You Need To Know,” Prince Lobel Roundtable
- April 2017: Speaker, “Basics of Condominium Law,” with Clive Martin, Real Estate Bar Association New Lawyers & Condominium Section Luncheon
- May 2012: Featured speaker, “The Frontiers of Condominium Use Restrictions in Massachusetts,” Real Estate Bar Association Spring Conference
- October 2011: Speaker, “Recent Updates in Condominium Law,” Massachusetts Bar Association Program
Diane R. Rubin