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tconte@bowditch.com
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Worcester Office
311 Main Street
P.O. Box 15156
Worcester, MA 01615-0156
T (508) 926-3415
F (508) 929-3006

 

Thomas J. Conte
Partner - Practice Area Leader for Litigation
Thomas J. (TJ) Conte is a trial lawyer who practices in the state and federal courts in Massachusetts. He has tried over 30 jury and bench trials. As a member of the litigation and real estate practice groups, Mr. Conte has substantial experience in the areas of business litigation, real estate and construction litigation as well as in reviewing and drafting construction contract documents. He represents and provides both litigation and business advice to a wide range of clients, including business owners, developers and contractors involved in construction projects. In 2002, Mr. Conte was chosen by the Worcester Business Journal as one of 40 men and women under the age of 40 who are recognized leaders in their respective fields. In 2004, based on a state-wide survey, Mr. Conte was chosen by Boston Magazine as a “Super Lawyer.” This designation was limited to the top 5% of attorneys in Massachusetts. In 2006, Mr. Conte was promoted to senior partner at the law firm.

Some of his recent trial and mediation highlights include:

Mr. Conte successfully tried a case before the Housing Appeals Committee receiving a decision in favor of his developer client against a municipality for an affordable housing project under Massachusetts General Laws, Chapter 40B.

Mr. Conte successfully represented numerous contractors in mechanics lien (Massachusetts General Laws, Chapter 254) and breach of contract lawsuits in Superior Court resulting in his clients recouping hundreds of thousands of dollars.

After a two-week jury trial in Superior Court, Mr. Conte received a verdict in favor of his construction contractor client, including the award of substantial damages, while successfully defending all of the claims against his client and its surety.

Mr. Conte successfully litigated and mediated a derivative-shareholder lawsuit or “freeze out” claim, arising from a dispute between the owners of a closely-held corporation, on terms very favorable to his client.

Mr. Conte represented a contractor in a multiple party, complex, construction lawsuit involving a municipal school in which the temperature spiked to over 140 degrees in the auditorium causing substantial damages. Mr. Conte, on behalf of his client, litigated the case, which involved issues concerning delay damages, indemnification, and construction defects to name a few, and then participated in the alternative dispute resolution process (mediation), achieving an excellent result for his client.

Mr. Conte defended his contractor client in a case brought by another contractor’s employee who suffered serious personal injuries in a construction site accident when he fell from a height of approximately twenty feet. This multiple party lawsuit involving the complexities of safety programs and fall protection was settled on terms favorable for Mr. Conte’s client.

As lead counsel, Mr. Conte won a binding arbitration before a retired justice of the Superior Court, resulting in his clients being awarded specific performance of a waterfront property worth $2 million.

As lead counsel in a Superior Court trial, Mr. Conte successfully defended the decision of the zoning board of appeals granting a variance and special permit to his client for construction of a restaurant.

Mr. Conte successfully enjoined defendants in Superior Court from interfering with his electric utility client’s property interests and ability to deliver electricity to thousands of customers.

Mr. Conte won a permanent injunction in Superior Court, enjoining a former employee from competing with his client’s business in violation of a noncompetition agreement.

Admitted to Practice
Background
Prior to joining Bowditch & Dewey in 1999, Mr. Conte was an associate at a Boston law firm where he represented architects and engineers in commercial and residential construction disputes, including the Central Artery and Deer Island Tunnel.

From 1987 to 1997, Mr. Conte served on active duty in the U.S. Army first as an intelligence officer and then as a trial lawyer for the Judge Advocate General Corps (JAG). As a JAG, for the period from 1994 through 1997, he prosecuted serious crimes as well as advised senior executives regarding administrative law and contract law matters. His tours of duty included Arizona, Virginia, Washington, DC, Korea, Germany and Bosnia.

Representative Experience
Professional/Community Affiliations
  • Director, Make-a-Wish Foundation Golf Committee;
  • Director, Worcester County Food Bank;
  • Member, Worcester Democratic City Committee;
  • Member, President’s Council for the College of the Holy Cross;
  • Worcester County Bar Association;
  • Boston Bar Association; Massachusetts Bar Association;
  • Fellow, Massachusetts Bar Foundation.
Speaking Engagements
3/25/08Seminar: Managing Construction Projects in Massachusetts
B.A., 1987, College of the Holy Cross
J.D., 1993, American University Law Review (1991-1993), American University Washington College of Law