Biography

Ken practices in the firm's Boston, Massachusetts and Concord, New Hampshire offices and co-chairs the firm's Construction Law group. For more than 20 years, Ken has represented developers, owners, lenders, architects, engineers, general contractors, construction managers, specialty contractors, subcontractors, material suppliers, sureties, and insurers in negotiating contracts and resolving disputes involving public and private construction projects. 

Ken has assisted clients in matters involving hospital, governmental, multi-family, condominium, retail, restaurants, hotels, office, low income housing, parking garage, museum, laboratory and biotech, automation, public and private school K-12, university, athletic fields and buildings, power, wastewater, environmental remediation, and other projects. Ken is a member of the American Arbitration Association’s panel of construction arbitrators and an adjunct professor at Boston University School of Law. Prior to becoming a construction attorney, Ken worked for his family’s Manhattan, NY construction management and cost estimating firm, and for “Big 6” accounting firm, Arthur Andersen.

Ken obtained a bachelor of arts from the University of Rochester, where he was captain of the Rugby Team, and obtained a certificate of business management from the Simon School of Business.  Ken obtained his juris doctorate from Boston University School of Law, and completed Harvard University’s “Advanced Negotiation Skills” course.

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 SuperLawyers. Ken has been listed in Best Lawyers in America every year since 2015, including being named “Lawyer of the Year” for Construction Law in 2016.

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

News

10 Preti Attorneys, 6 Practice Groups Honored in National Rankings

Ten Preti Flaherty attorneys and six practice groups have been selected by Chambers USA for inclusion in their premiere annual list of America’s leading lawyers. Preti is recognized for excellence in the practice areas...

Publication

Failure to Follow Your Contract's Notice Requirements Can be Costly

In Kinetic Systems, Inc. v. IPS-Integrated Projects Services, LLC et. al., No.: 20-cv-1125 (D.N.H. February 6, 2024), the U.S. District Court for the District of New Hampshire granted summary judgment for a general contractor...

Publication

Understanding the Impact of the FTC’s New Noncompete Ban on Your Construction Business

A few weeks ago, the Federal Trade Commission (“FTC”) attracted considerable media coverage when it issued its final rule banning noncompete agreements for workers in most circumstances and making existing noncompetes for the vast...

Publication

Massachusetts High Court Issues Important Ruling Impacting Prompt Pay Act

Earlier today, the Massachusetts Supreme Judicial Court issued an order in the matter of Business Interiors Floor Covering Business Trust v. Graycor Construction Co. Inc. This decision presents the high court’s first ruling clarifying...

Publication

Important Updates to American Arbitration Association Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) updated its Construction Industry Rules and Mediation procedures (AAA Rules), effective March 1, 2024, marking the first update since 2015. The updates are important because the AAA Rules are...