Practice Areas: Contracts & Procurement, General Municipal, Litigation
Attorney David Doneski has over 30 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 contracting with 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.
- Barr Incorporated v. Town of Holliston, 462 Mass. 112 (2012). Secured a decision by the Supreme Judicial Court confirming that municipal construction contract awards are not confined in all cases to the lowest bidder, and that awarding authorities may determine who is a “responsible” bidder based on their own investigation and using information beyond that contained in the bidder’s certification file maintained by the Division of Capital Asset Management (DCAM) and the bidder’s bid.
- Mattbob, Inc. v. Groton Zoning Board of Appeals, Housing Appeals Committee No. 09-10 (2010). Preserved a Zoning Board of Appeals denial of developer’s request to modify a comprehensive permit by removing an age restriction, imposed at the time of permit approval, limiting occupancy to persons 55 years of age and older. Decision was confirmed by the Superior Court, on appeal by the developer. MICV2011-00104 (2012).
- Flowers v. Town of Groton, Land Court Case No. 08 MISC 383623 (2011). Obtained summary judgment for the Town on landowner’s claim that Town had not properly discontinued public way and landowner was entitled to municipal services provided for town ways.
- Emanouil Brothers v. Town of Watertown, Middlesex Superior Court, C.A. No. 04-4241 (2008). Successfully defended the Town against construction contractor’s additional compensation claim and obtained $250K+ judgment on Town’s counterclaim for deficient performance.
- Town of Mashpee v. Belcher, 42 Mass. App. Ct. 1125 (1997). Represented the Town on 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.
- Nashoba Communications Ltd. Partnership No. 7 v. Town of Danvers, 893 F.2d 435 (1st Cir. 1990). Briefed and argued successful appeal, on jurisdictional grounds, on a complaint by Town’s cable television operator that sought a declaratory judgment against Town’s enforcement of a rate freeze provision in the cable license.
- 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.
- Successful defense of numerous construction bid protest claims filed with the Attorney General and contract claims in Massachusetts’ courts.
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.
- Massachusetts Bar Association, Public Law Section
- 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