Biography

Kenneth E. Rubinstein practices as a Director in the firm's Boston, Massachusetts and Concord, New Hampshire offices and is co-chair of the firm's Construction Law group, and a member of the firm's Litigation and Professional Liability groups. Ken regularly represents public and private clients, as well as insurance companies and their insureds, in complex commercial disputes, with an emphasis on matters involving construction issues and financial professionals.

Ken has practical industry experience in both the construction and financial services industries, having worked at a Manhattan construction management firm and at "Big 6" accounting firm, Arthur Andersen, LLP, before beginning his practice as a civil trial lawyer. Prior to joining Preti Flaherty, Ken was an Officer at a New England regional law firm.

Professional Activities

Ken is a member of the American Arbitration Association's Panel of Construction Arbitrators and was one of the founding co-chairs of the Construction Law Committee of the Massachusetts Bar Association. Additionally, Ken is the co-chair of the Boston Bar Association Construction Law Committee, and the chair of the programming committee for the Associated General Contractors of Massachusetts.. Ken is also a member of the Massachusetts Bar Association Civil Litigation Section Council, the Boston University School of Law Alumni Executive Committee, the adjunct faculty at the Boston University School of Law, and the programming committee for the Associated Builders & Contractors of New Hampshire and Vermont. Ken assisted the Associated General Contractors of New Hampshire in drafting and supporting the organization's proposed legislation to overhaul New Hampshire's mechanics lien law.

Ken has chaired or presented programs for the ENR Risk & Compliance Summit, the Construction SuperConference, the American Council of Engineering Companies (Annual Conference and Fall Convention), Build Boston, Architecture Boston Expo, the Professional Liability Underwriting Society (Annual International Conference), the Associated General Contractors of Massachusetts, the Associated General Contractors of New Hampshire, Associated Builders and Contractor of New Hampshire, Massachusetts Bar Association, Suffolk University Law School, National Business Institute, Sterling Educational Services, Half Moon Seminars, and Lorman Seminars.

Honors & Recognition

Ken has received regional and national awards for his work representing construction companies and financial professionals. Ken was named one of the nation's Top 75 Most Influential Professionals in the Collection Industry by The Collector Magazine (the official publication of the Association of Credit and Collection Professionals), and has been listed in Best Lawyers in America and SuperLawyers. Earlier in Ken's career, he was selected as one of Engineering News-Record's (ENR) Top Construction Professionals Under 40 in New England, and one of 15 "Up & Coming Lawyers" by Massachusetts Lawyers Weekly.

Firm Highlights

Publication

Understanding the Contractor’s Consent: The Hidden Dangers in a Common Form

At the start of a commercial construction project, lenders frequently request the "Contractor's Consent to Assignment" or "Contractor's Consent" forms from contractors. These contracts allow the bank to assume ownership of the project in...

Publication

ConsensusDocs vs. AIA - Which Contract Is Best for Contractors?

Choosing the right contract is essential to protecting your rights as a contractor. AIA Contracts have long been the industry standard, but Consensus Docs are fast becoming a reasonable option. In this article, Nathan...

Publication

Litigation and Arbitration Venue Provisions in Construction Contracts: When and How They Work

Venue and choice-of-law provisions are fairly standard in construction contacts, but can be overlooked due to their location within a contract. When drafted effectively, these provisions can help limit uncertainty about where and how...

Publication

Prefabrication in Practice: Weighing the Advantages Against the Challenges

In recent years, prefabrication and modular construction have become a more popular choice for large-scale construction projects. Proponents of prefabrication have lauded that prefabbed construction yields better, cheaper and faster construction because projects can...

Publication

Lien Waivers: Understanding the Risks in a Common Form

Lien waivers assure owners that once payment has been made to a contractor, or subcontractor, that contractor cannot obtain a mechanics' lien for that money at a later time. In this article for  Construction Executive , Kenneth...

Publication

Construction Alert: Gov. Baker Clarifies Massachusetts Construction Requirements and Possible Future Impacts for New Hampshire

The state of construction in Massachusetts continues to evolve as Governor Baker issued another order yesterday tightening  the list of types of construction that are allowed to proceed  as "essential services." Under the new...

Publication

Avoid the Pain Points in Trump Tariffs

New tariffs on imported materials such as steel, aluminum, solar panels, lumber and plywood have caused suppliers to increase their prices to contractors, boosting the overall cost of construction. Industry experts expect more tariffs...

Publication

Contractor's Guide to Mitigating COVID-19 Risks in the AIA A201-2017 General Conditions

The COVID-19 pandemic has presented new risks and challenges that will affect construction projects for years to come. This business level summary provides specific recommended edits that contractors and construction managers should consider when using...

Publication

NH Gov. Sununu Issues Stay-At-Home Order - Construction Considered Essential Industry

Yesterday, in response to the COVID-19 outbreak, New Hampshire Governor Chris Sununu issued an emergency order shuttering all non-essential businesses in the state effective today. This morning, the governor's office released a list of...

Publication

The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

Having an end date for risk is important to construction professionals who need to know when they can close their books and destroy files relating to old projects. In this article for  Construction Executive...