Go To Lawyers: David L. Fine
Partner, Mirick O’Connell, Westborough
Mass. Lawyers Weekly Staff//May 1, 2025//
David L. Fine, who chairs the Construction Industry Practice Group at Mirick O’Connell, knows the ins and outs of every aspect of contract law and construction litigation, and takes a practical, common-sense approach that helps his clients stay out of trouble.
Fine’s client base consists of project owners, general contractors, subcontractors, suppliers, architects and various other vendors and consultants who work in the construction industry. He has significant experience representing clients in different types of projects, including private and public, commercial, residential, and mixed-use and utilization of all different project delivery methods. Fine also has significant experience with the banking, health care, life science and education sectors, as well as municipal and state projects.
Clients value Fine’s insight and advice navigating contract and project issues from the vantage point of his dual role as both a transactional construction attorney as well as being an experienced business and construction litigator.
On the transactional side, Fine has drafted, reviewed or negotiated thousands of construction contracts ranging from standard industry forms to residential development and construction agreements and related construction industry forms including, for example, work proposals, lien waivers, releases, consents, applications for payment, change orders, notices of claim, default and termination, and completion and project closeout documents.
Meanwhile, Fine’s litigation accomplishments include obtaining payment for a site contractor on a mechanic’s lien action arising from a multi-party dispute in a mixed-use project in Boston’s Seaport District. The case was ultimately decided by the Massachusetts Appeals Court and established precedent regarding the Massachusetts Prompt Pay Act.
Achievements and Professional Activities
Chair, Construction Industry Practice Group, Mirick O’Connell; chair, Forum on Construction Law, American Bar Association; member, Associated Builders and Contractors; past president, Home Builders and Remodelers Association; steering committee member, Development and Construction Law Committee, Massachusetts Bar Association; vice president, Hopkinton Youth Soccer Board
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity













