David M. Rogers


D: 781-817-4606


For more than 16 years, Dave has been specializing in complex civil litigation at both the trial and appellate levels. He has extensive experience in the area of construction litigation. Dave’s practice is focused on construction, real estate, and condominium matters. His clients include condominium associations, real estate developers, general contractors, subcontractors, and individuals.

Dave is also certified as a player agent by the Major League Baseball Players Association and has negotiated more than $90 million in professional baseball contracts.


  • ▪ Northwestern University, Bachelors of Science in Journalism (1999)
  • ▪ Suffolk University Law School, cum laude (2002)


  • ▪ Massachusetts

  • ▪ United States District Court (Massachusetts)


  • ▪ "Appeals Court Concludes That Condominium Board Does Not Have the Ability to Dismiss Lawsuit Where Majority of Board Had Conflict of Interest" (REBA News, June 2018)
  • ▪ “Settlement at One Charles illustrates importance of expert disclosure” (REBA News, March 2014)
  • ▪ “A Team Effort: An Unconventional Strategy Produced a Hefty Construction Defect Settlement” (Condo Media, May 2014)
  • ▪ “SJC puts final nail in the coffin of the Economic Loss Doctrine for condominiums” (REBA News, September 2014)
  • ▪ “Defective Construction and Design: Association Can Recover from Developer” (Condo Media, November 2014)

David’s recent representative matters include:

  • ▪ Recognized by Massachusetts Lawyers Weekly for role in obtaining fourth largest settlement ($12.25 million) of 2013. The case involved a luxury condominium high rise and a condominium association’s allegations of design and construction defects against a developer, contractors and design professionals.
  • ▪ Successfully represented condominium association at an 11-day trial (second chair) and in subsequent appeals in construction defect case against a developer. The Supreme Judicial Court’s decision in Wyman v. Ayer Properties, LLC, 469 Mass. 64 (2014) effectively abolished the economic loss rule for condominium associations.
  • ▪ Represented a condominium association in North Andover, MA in a construction defect case that resulted in a six-figure settlement for the client following mediation.
  • ▪ Represented a condominium association in Worcester, MA in a construction defect case that resulted in a six-figure settlement for the client following mediation.
  • ▪ Following a 2-day trial in Superior Court, obtained a permanent injunction for a condominium association against a unit owner in a rules enforcement matter, and client was awarded nearly $40,000 in attorneys’ fees.