Christopher Sweeney

Practice Areas

Construction

Land Use/Real Estate Litigation

Professional Liability

Professional Memberships

Boston Bar Association, Member

Massachusetts Bar Association, Member

Leadership Academy Fellow (2019 – 2020)

Massachusetts Defense Lawyers Association, Board Member

Defense Research Institute, Construction Law Committee, Steering Committee Member

Publications

Articles and Publications

“Indemnity Lessons From Mass. Construction Defect Ruling,” Law360, June 13, 2025

“Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is Not Barred by the Statute of Repose”, Conn Kavanaugh, May 7, 2025

“Insurance Considerations for Construction Projects”, Conn Kavanaugh, April 24, 2025

“The Massachusetts Prompt Payment Act Continues to Have Harsh Consequences for Transgressors, Unwitting or Otherwise”, Conn Kavanaugh, January 22, 2025

“First Circuit Rules on Important Coverage Issue for Contractors.”, Conn Kavanaugh, January 22, 2025

“Here Comes the Sun: Common Considerations for Solar Installation Agreements”, Conn Kavanaugh, June 15, 2023

“Commercial Tenant Excused from Paying Rent During Government-Mandated Shutdown,” Conn Kavanaugh, February 22, 2021

“Superior Court Judge Sends Stern Message to Construction Industry: Respond to Pay Applications Promptly or Expect to Pay Full Price,” Conn Kavanaugh, January 4, 2021

“UPDATE: Supreme Judicial Court Holds that Each Building in Phased-Development Projects Constitutes Distinct “Improvement” for Purposes of Statute of Repose,” Conn Kavanaugh, November 20, 2021

“Tenant May Not Recover Personal-Injury Damages Under Implied Warranty of Habitability for Slip and Fall on Icy Driveway,” Conn Kavanaugh. (June 25, 2020)

“Massachusetts Construction Back up and Running, but COVID Concerns Linger,” Conn Kavanaugh. (June 1, 2020)

Massachusetts Supreme Judicial Court Strengthens Weapons Available to Defendant Landowners Facing Defective Claims Allegedly Involving Title to Real Estate. (May 15, 2020)

Developers Breathe Easy as Commonwealth Eases Permitting Deadlines During State of Emergency; Local Boards Brace for Impact. (April 13, 2020)

Governor Baker and Mayor Walsh Tangle Over Construction Ban. Who Blinks First? (March 26, 2020)

COVID-19 Shutters Boston Construction Industry for (At Least) Two Weeks. What’s Next? (March 26, 2020)

Co-author, “COVID-19 Shutters Boston Construction Industry for (At Least) Two Weeks. What’s Next?”, (March 21, 2020)

Abutter Must Prove Particularized Injury to Confer Standing in Zoning Appeals. (March 9, 2020)

Author, When Does the Statute of Repose Begin to Run in Phased Development Projects? (February 10, 2020)

Special Permit Applicants Must Prove That Proposed Use Complies With Bylaws. (June 21, 2019)

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project. (June 13, 2019)

“Update: Massachusetts Department of Family and Medical Leave Issues FAQ Guidance on Commonwealth’s Paid Family and Medical Leave Act”, Conn Kavanaugh, November 26, 2018

Work Highlights

Construction

Obtained a favorable settlement for an international engineering firm in a complicated legal matter involving a multi-million job-site injury lawsuit at a major transportation hub.

Awarded summary judgment in favor of international engineering firm in a matter involving allegations of deficient HVAC work; also successfully represented client in having judgment affirmed by the Massachusetts Appeals Court.

Secured substantial arbitration award for international design engineering firm in payment dispute with developer.

Successfully defended engineering firm against negligent design and supervision claims arising out of the death of an ironworker at Logan Airport.

Successfully represented subcontractors in Prompt Pay Act litigation.

Received a favorable arbitration award in a dispute between a homeowner and general contractor about the scope and cost of a ground-up construction project.

Obtained a substantial monetary settlement for a condominium association in a case involving defective construction work.

Drafted and recorded mechanics’ liens for general contractors, subcontractors, and design professionals.

Secured a favorable settlement for a building owner after the building collapsed while under construction.

Drafted and negotiated numerous design and construction contracts for project owners, design professionals, general contractors, and subcontractors.

For municipal client, achieved a favorable pre-suit settlement agreement in a case involving the delayed delivery of a wastewater treatment facility.

After three days of mediation, obtained favorable settlement agreement for a large engineering firm in a matter arising out of the allegedly negligent design of a major intersection.

For a design-build contractor, obtained a defense verdict in a matter involving damage to a neighboring structure.

Representing a land surveyor, received a release of all claims in exchange for a de minimis contribution to a multi-party settlement agreement in a case involving the alleged cutting and removal of valuable timber.

Represented numerous homeowners in matters involving home-improvement construction projects.

Real Estate

For a real estate developer, awarded summary judgment in complex commercial eviction matter.

Obtained significant monetary settlement for real estate developer after commercial tenant breached lease agreement by failing to fulfill revenue generation requirements and by vacating premises before end of lease term.

Represented landowners in boundary disputes involving claims of adverse possession.

Professional Liability

Represented a global intellectual property law firm before the Massachusetts Supreme Judicial Court. In a first-in-the-nation decision addressing subject-matter conflicts in patent prosecution matters, the court affirmed the trial court’s decision dismissing the plaintiff’s claims against the firm.

Obtained summary judgment for an insurance broker accused of failing to procure sufficient coverage for its client business owner.

Secured decision from Massachusetts Appeals Court affirming judgment in favor of a large law firm by successfully demonstrating that the plaintiff’s allegations were too speculative to confer standing.

Obtained dismissal of a $4 million legal malpractice claim against law firm on the grounds that the plaintiff destroyed evidence in violation of the court’s preservation order.

Expert in these Jurisdictions

Bar Admissions:

Massachusetts

Rhode Island

New Hampshire

Education

Awards