J. Nathan Cole
Location: 01772, Southborough, Massachusetts
Phone: +1 (508) 683-0803
Firm: Kenney & Sams, P.C.
Bio:. I am a trial attorney and seasoned litigator with offices in Boston and MetroWest, focused on construction disputes, commercial lease issues, construction defects (both commercial and residential), delay claims, Prompt Pay Act claims, cumulative impact claims, business litigation, non-disclosure and non-compete agreements, mechanic’s liens, employment disputes, shareholder conflicts, insurance coverage disputes, and personal injury cases.. With deep experience as both a negotiator and courtroom advocate, I represent plaintiffs and defendants in litigation, contract negotiations, partnership disputes, and claims against insurance brokers. My practice centers on employment, contract, and construction-related matters.. Client service is my top priority. I am known for being responsive and accessible—promptly returning calls and emails—and for treating every case with the focus and respect it deserves. Whether securing courtroom victories or negotiating favorable contract terms, I am committed to achieving practical, high-value outcomes.. Notable Results:. December 2024 – Convinced the Superior Court to vacate an arbitrator’s award under the Massachusetts Prompt Pay Act, overturning an unfavorable decision. This rare win highlights my ability to challenge arbitration outcomes in complex construction disputes.. January 2024 – Achieved a major arbitration victory for a subcontractor in a construction dispute featured in Massachusetts Lawyers Weekly. Defeated a general contractor’s effort to withhold over $700,000, prevailing on Prompt Pay Act and change order claims after multi-day proceedings.. March 2022 – Won summary judgment in U.S. District Court in a $15 million dispute over a liquidated damages clause. Successfully argued the clause was unenforceable, allowing counterclaims for unpaid work. Cover story in Massachusetts Lawyers Weekly (March 25, 2022).. June 2018 – Dissolved a mechanic’s lien in Massachusetts Superior Court based on improper recording under G.L. c. 254. This win for the homeowner was the cover story in Massachusetts Lawyers Weekly (June 25, 2018).. Recent Jury Trial – Successfully defended a snowplow company in a Middlesex Superior Court slip-and-fall case during a blizzard. The jury returned a defense verdict in under an hour.. Contract Negotiation – Negotiated a promotional partnership for Polkadog Bakery with a celebrity foundation, securing monthly social media exposure to millions of followers in exchange for pet treat donations.. Injury & Construction Settlements – Recovered millions in settlements for construction workers and others injured in workplace accidents, car crashes, and catastrophic personal injury cases.. Approach:. Whether drafting contracts or trying cases, I leverage my litigation background to anticipate risks and deliver proactive legal solutions. I am a tenacious, prepared, and results-driven advocate in and out of the courtroom.. Awards & Recognition:. Best Lawyers in America, 2020–2024 (Commercial Litigation, Construction Litigation, Personal Injury). Top Lawyers for Construction Law, Boston Magazine, 2022 & 2024. BTI Consulting Group Client Service All-Star, 2022-2023. Massachusetts Super Lawyers, 2013–2024 (Boston Magazine). AV Preeminent Rating, Martindale-Hubbell. Perfect 10.0 Rating, Avvo. Leadership & Speaking Engagements:. I serve on the Executive Committee of the Massachusetts Defense Lawyers Association and chair its Construction Law Committee. I am the incoming Chair of the Massachusetts Bar Association’s Real Estate Development and Construction Law Committee for the 2025–2026 term. I am also the past Chair of the International Association of Defense Counsel's Construction Law and Litigation Committee (2022-2024).. A frequent lecturer, I’ve presented on a range of topics, including construction delay claims, out-of-state discovery, Massachusetts General Laws Chapter 93A, trial tactics, and the use of expert witnesses in civil litigation. I’ve spoken at law schools, MCLE, the International Association of Defense Counsel's Annual and Midyear Meetings, and the National Institute for Trial Advocacy.
