David J. Doneski


E-mail: ddoneski@k-plaw.com
Phone: 617.556.0007
Practice Areas: Contracts & Procurement, General Municipal, Litigation

Attorney David Doneski has 25 years of experience representing clients in municipal matters. He specializes in municipal procurement, contracting, and public construction. Attorney Doneski works closely with building committees and awarding authorities in selecting project architects and engineers and ensuring compliance with the state’s designer selection law, drafting and reviewing bid and contract documents, providing general project support, and representing the interests of the public project owner in disputes with contractors. He is an experienced litigator and has tried numerous cases on behalf of municipalities in the District Court, Superior Court and Land Court departments of the Massachusetts Trial Court.

Attorney Doneski is also an authority in general municipal law and has extensive experience in matters of municipal governance, including Town Meeting, drafting of by-laws and regulations, licensing and local administrative proceedings. He previously served as Assistant Town Counsel for the Towns of Danvers and Sudbury.

Representative Matters

  • Barr, Inc. v. Town of Holliston, 462 Mass. 112 (2012). Represented the municipal project owner in connection with Supreme Judicial Court decision holding that awarding authorities for public building construction projects may, in addition to reviewing a bidder’s certification file maintained by the Division of Capital Asset Management and Maintenance and the information listed in the bidder’s own update statement, conduct their own investigations to determine a bidder’s qualifications and thereby make the final determination on whether a bidder is a responsible bidder for purposes of awarding a contract.
  • Defended the Town of Mashpee against a claim of an improper tax taking of land that had been designated as the Town Forest and obtained an Appeals Court ruling permitting the Town to retroactively assess back taxes for the 50 years between the date of the taking and the date of the Land Court judgment, ultimately allowing for the Town to retain the land through a global settlement.
  • Board of Selectmen of Sudbury v. Alcoholic Beverages Control Commission, 25 Mass. App. Ct. 470 (1988). As Assistant Town Counsel to the Town of Sudbury, Attorney Doneski was part of the team that litigated the case in which the court effectively invalidated so-called “pocket” liquor licenses.
  • Emanouil Brothers v. Town of Watertown, Middlesex Superior Court, C.A. No. 04-4241 (2008). Successfully defended town against construction contractor’s additional compensation claim and obtained $250K+ judgment on town’s counterclaim for deficient performance.
  • Flowers v. Town of Groton, Land Court Case No. 08 MISC 383623 (2011). Obtained summary judgment for town on landowner’s claim that Town had not properly discontinued public way and landowner was entitled to municipal services provided for town ways.
  • Successful defense of numerous construction bid protest claims before the Attorney General’s Fair Labor and Business Practice Division and contract claims in Massachusetts’ courts.

Prior Experience

Towns of Danvers and Sudbury, MA
Assistant Town Counsel (1986-1993)
Represented all Town departments and boards in matters of municipal law and civil litigation, including review and drafting of contracts and planning and zoning documents; drafting of by-law amendments and Town Meeting warrant articles; and preparation of advisory opinions and explanatory memoranda.

Memberships & Affiliations

  • Massachusetts Bar Association, Public Law Section

Bar & Court Admissions

  • Massachusetts Bar
  • U.S. District Court (Mass.)
  • U.S. Court of Appeals for the First Circuit

Boston College Law School
Juris Doctor, 1985
Clinical Placement Director and Articles Editor, Boston College Environmental Affairs Law Review

University of Notre Dame
Bachelor of Arts, with Honors, 1982