Michael T. Sullivan

Michael Sullivan is a trusted advocate and counselor who represents sophisticated clients in diverse matters throughout the country. Over his 33 years of work as a trial and appellate litigator, he has handled dozens of trials, arbitrations, and mediations in numerous jurisdictions, and has handled over 15 appeals, many involving novel issues before the highest state courts. He also serves as a trusted advisor who provides guidance on avoiding disputes and minimizing risk.

In each matter, Michael builds deep trust and finds creative ways to address all of his client’s interests – legal, business, and financial – and to do so efficiently, whether the matter calls for an early resolution or more extensive advocacy. He does everything possible to make the best of a situation, but he keeps a level head and gives realistic advice about the possible outcomes.

Michael’s clients include major engineering and construction firms, property developers and managers, product manufacturers, insurance companies, and professionals of all kinds. He handles matters involving construction and land use, business and employment disputes, insurance coverage, permitting and licensing, risk management, general counseling, and dispute avoidance and resolution.

Michael’s practice focuses primarily on construction and real estate disputes. He is Co-Chair of the firm’s Construction Group and a Fellow of the Construction Lawyers Society of America, a selective association of highly experienced construction lawyers. He has represented developers, designers, and builders in a broad array of construction matters – from transactional and permitting work, to project disputes, to trials and appeals. He has handled a number of construction disputes with damages in the tens of millions of dollars and subject matters including waste incineration, highway expansion, dam construction, defective equipment, stormwater management, drinking water distribution, wastewater treatment, and catastrophic worksite injuries.

Some of Michael’s more prominent engagements include his successful representation of a major university before the Massachusetts Supreme Judicial in a case involving the application of Massachusetts’ construction-tort statute of repose to a contract-based indemnification claim. He represented a municipality in a lawsuit against a construction surety company, in a case involving a failed seawall-revetment project, obtaining a settlement exceeding the value of the surety’s bond. He was project counsel to the design-builder of a $125 million wastewater treatment plant, helping to resolve a number of subcontractor disputes and complete the project without any litigation. In a case involving alleged damages exceeding $100 million, he secured an engineering-design firm’s recovery of more than $30 million in settlement proceeds from a group of insurers that had disclaimed all insurance coverage responsibility. He defended a U.S. engineering firm against a federal lawsuit involving a Central American foreign aid project with alleged damages exceeding $10 million, securing a dismissal of the plaintiff’s key breach of contract claim in the process.

Michael has been listed in the Thomson Reuters “Stand-Out Lawyer,” which relies on senior in-house corporate counsel to nominate lawyers “among the most highly regarded by clients around the world.” According to one in-house counsel, Michael is “always there when I need him.” He also holds the AV® Preeminent™ rating, the highest peer-reviewed rating from Martindale–Hubbell, given to attorneys who display exceptional legal skills and ethical conduct[,]” and is among the U.S. News & World Report’s “Best Lawyers in America” and Massachusetts’ Super Lawyers. He also lectures and writes on legal topics for lawyers and industry groups.

Michael is a member of the Massachusetts, Boston, Rhode Island, and Essex County Bar associations. He served as the Chairman of the Zoning Board of Appeals for the Town of Manchester-by-the-Sea, Massachusetts, where he lives with his wife and two teenage daughters. In his spare time, he likes to read, hike with his dog, and improve his Spanish-language skills.

Michael has handled many significant legal matters including:

Construction

Argued before the Massachusetts Supreme Judicial Court on behalf of major university in a construction case involving an unplayable athletic field and requiring the SJC to determine whether the university’s contract claim was barred by a state statute governing tort claims.

Defended an engineering firm in a jury trial involving alleged property damage, obtaining a jury verdict against the plaintiff, and legal fee reimbursement from a co-defendant construction company.

Defended an engineering firm against multiple lawsuits arising from the alleged failure of a municipal sewer system and $40,000,000 in repair-and-replacement damages, securing a modest settlement on the eve of trial.

Defended an American engineering-design firm against a federal lawsuit involving alleged damages over $10,000,000 in connection with a USAID construction project in Central America (and secured dismissal of breach of contract claim against client).

Served as insurance-coverage counsel for an engineering firm sued by a western United States municipality seeking alleged damages exceeding $100,000,000, facilitating a settlement of the lawsuit requiring no financial contribution from his client despite numerous insurance-coverage disclaimers.

Secured summary judgment from federal court in case alleging that his engineering client’s design of a groundwater management system was negligent.

Representing a municipality in a lawsuit against construction and bonding companies, seeking the damages necessary to repair and complete a seawall and revetment project the construction company left incomplete.

Defended a mechanical engineering firm against federal lawsuit alleging over $10MM of design errors affecting a major university’s science lab, securing a modest settlement on the eve of trial.

Defended a general contractor in a lawsuit alleging multiple catastrophic injuries arising from a worksite incident, securing a settlement that involved no payments by (and legal fee reimbursement to) his client.

Obtained $1MM-plus recovery from a real estate developer in lawsuit brought by a design firm to obtain compensation for unpaid services.

Filed suit and obtained substantial settlements for (1) a housing cooperative that suffered extensive damages from hundreds of defective windows installed during a construction-rehabilitation project, and (2) a major professional services firm whose world headquarters was not sufficiently sound-proofed during its new office fit-out.

Represented and secured favorable settlements for multiple new-home owners seeking damages associated with latent defects.

Real Estate

Prosecuted claims for two property owners against tenants who misused the owners’ properties, obtaining in each case a trial verdict for (and legal fee reimbursement to) his client.

Represented a property owner in a lawsuit against a restaurant tenant who wrongly claimed it was entitled to a lease extension, obtaining a trial verdict mandating the tenant’s eviction and legal-fee reimbursement to the client.

Represented numerous property owners seeking and opposing zoning relief before various local regulatory boards and commissions.

Business Litigation

Represented group of business owners in lawsuit deciding applicability of Governor’s COVID-19 pandemic orders, participating in one of the first-ever “remote” court hearings in Massachusetts.

Prosecuted a defective software claim, handling the resulting arbitration hearing in Japan, on behalf of a Massachusetts technology company against its Japanese subcontractor.

Represented two nurses in a lawsuit against their former employer seeking unpaid commissions, securing favorable settlement on the eve of trial.

Professional Liability

Defended a podiatrist against a lawsuit alleging negligence resulting in an amputation, obtaining a jury trial verdict after a week-long trial.

Defended numerous medical, legal, and other professionals against wrongful-death, unfair trade practice, and other serious claims.

Appeals

Michael either briefed and argued, or served as the primary drafter of the brief, in the following appeals; in other appeals, he participated in the briefing.

Boston University v. CHA, 495 Mass. 682 (2025) (pending)

- In Massachusetts Supreme Judicial Court, briefed and argued successful appeal, with SJC overturning trial court dismissal of PLT client BU’s contract indemnification claim, holding that Massachusetts’ tort statute of repose does not apply to contract-based indemnification claims.

Gallagher v. Zoning Board of Appeals of Nahant, 100 Mass. App. Ct. 1128 (2022)

- In Massachusetts Appeals Court, briefed and argued whether Land Court lost jurisdiction over zoning appeal because aggrieved neighbor commenced appeal not when zoning decision was issued but after construction work had commenced.

Gath v. Town of Tewksbury, 83 Mass. App. Ct. 1129 (2013)

- Briefed appeal concerning validity of trial court dismissal of professional negligence and nuisance claims against designer of public sewer system.

Irene Realty Corp. v. Travelers Property Cas. Co. of America, 973 A.2d 1118 (R.I. 2009)

- In Supreme Court of Rhode Island, briefed and argued how insurance proceeds should be divided between co-insurers under language of their respective policies.

Murphy v. Miller, 75 Mass. App. Ct. 210 (2009)

- In Massachusetts Appeals Court, briefed and argued issue of first impression concerning jurisdiction of Housing Court over landlord-tenant dispute regarding alleged property defects before the tenant moved from the property.

L&M Contracting v. Mortenson Westcott, 60 Mass. App. Ct. 1102 (2003)

- Briefed appeal concerning the validity of trial court dismissal of claim against contractor.

Ferguson v. Marshall Contractors, Inc., 745 A.2d 147 (R.I. 2000)

- Primary author of Supreme Court of Rhode Island brief in appeal concerning the proper use of pretrial “motions in limine” to address evidentiary and legal issues.

Lauro v. Knowles, 739 A.2d 1183 (R.I. 1999)

- Briefed and argued Supreme Court of Rhode Island appeal concerning application of “relation back” provisions of Rules of Civil Procedure to amended complaint filed after expiration of statute of limitations.

Hart Engineering Corp. v. GAF Bldg. Materials Corp., 711 A.2d 649 (R.I. 1998)

- Briefed and argued Supreme Court of Rhode Island appeal concerning whether, by summary judgment stage, plaintiff must have evidence to support “alternative” claim against secondary co-defendant.

Hutter v. Hartford Acc. & Indem. Co., 710 A.2d 665 (R.I. 1998)

- In Supreme Court of Rhode Island, brief and argued issue of first impression concerning application of late settlement payment statute penalties to settlement payment lost in the mail.

Buja v. Morningstar, 688 A.2d 817 (R.I. 1997)

- In Supreme Court of Rhode Island, brief and argued issue of first impression concerning breadth of statute concerning necessary qualifications for expert witnesses in medical malpractice actions.

In re Request of the Senate for an Advisory Opinion, 696 A.2d 277 (R.I. 1997)

- Primary author of Supreme Court of Rhode Island brief in appeal concerning the Governor of Rhode Island’s authority to fill vacancy in office of Lieutenant Governor.

Deleo v. General Acc. Ins. Co., 693 A.2d 1029 (R.I. 1997)

- In Supreme Court of Rhode Island, briefed and argued question of whether alleged oral settlement agreement was barred by requirement that settlement agreements be in writing.

Munroe v. Great American Ins. Co., 234 Conn. 182 (1995)

- Argued in Supreme Court of Connecticut regarding certified question from U.S. District Court of Rhode Island as to whether automobile insurer’s right to rescind an insurance policy procured by fraud could be used to deny benefits to an injured third party.

Salvatore v. Mortgage Guarantee & Title Co., 664 A.2d 1122 (R.I. 1995)

- In Supreme Court of Rhode Island, briefed and argued question of whether title insurance claimant had satisfied “proof of claim” requirements of policy.

Michael T. Sullivan

Service Areas

Education

Bar Admissions

Memberships & Affiliations

News & Events

Massachusetts Supreme Judicial Court Holds that Prevailing Wage Act Excludes Routine Maintenance and Repairs

Massachusetts Appeals Court Interprets “Contractual Relationship” Language of M.G.L. C. 149, § 29 Concerning Recovery of Laborer Benefits from Construction Sureties

Massachusetts Supreme Judicial Court Reaffirms Municipal Rights in Agricultural Land

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