Author Archives: David Fine

About David Fine

David is an partner in the firm's Litigation Group and is chair of the Construction Law Group. David serves as litigation counsel for contractors, subcontractors, suppliers and other business concerns within the construction industry. He regularly advises his clients on matters such as contract drafting and dispute resolution, surety bond claims, mechanics liens and bid protests. David works closely with a number of local and regional trade organizations, and he often lectures and writes about topics pertinent to the construction industry.

Important Update – The Impact of Coronavirus on the Construction Industry

Posted on March 26, 2020 by David Fine

Since our post on March 18, a lot has happened from both a health and regulatory standpoint as far as the impact from the outbreak of COVID-19 (“coronavirus”) on local and state construction practice.  Here is an update, as of … Continue reading →

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The Impact of Coronavirus on the Construction Industry

Posted on March 18, 2020 by David Fine

The outbreak of COVID-19 (“coronavirus”) has impacted all industries, including construction.  First and foremost, we are in the midst of a public health crisis, and the safety and well-being of all project participants should be top of mind.  We are … Continue reading →

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Third Party Beneficiary Rights in Construction Contracts

Posted on April 1, 2019 by David Fine

Last week the United States District Court in Massachusetts issued an important decision concerning third party beneficiary rights in construction contracts.  In Arco Ingenieros, S.A. de C.V. v. CDM International Inc., Civil Action No. 18-12348-PBS, a design-builder incurred damages due … Continue reading →

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Construction Insurance: Game of Risk

Posted on December 18, 2018 by David Fine

Construction work is risky by nature.  Common risks include natural disasters, inclement weather, flood or fire, accidents t hat cause property damage or bodily injury, and the failure of one or more parties to perform their designated responsibilities, resulting in … Continue reading →

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Construction Defect Claims and the Often Misunderstood Application of Express and Implied Warranties

Posted on April 26, 2018 by David Fine

A claim for breach of construction warranty must be filed within the time allowed by the applicable statutes of limitation or repose.  Most jurisdictions, including Massachusetts, allow parties to modify that period by agreement.  The agreement must be particular and … Continue reading →

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New 2017 AIA Documents Released – Are You Prepared?

Posted on July 14, 2017 by David Fine

The construction contracts created by American Institute of Architects (“AIA”) have, for several decades, been established as the industry standard for contract forms.  There exist AIA forms for every imaginable project relationship and delivery method.  Every ten years or so, … Continue reading →

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Enforcing “No-Damage-for-Delay” Clauses: A Potential Landmark Construction Law Decision from the Massachusetts Appeals Court

Posted on April 11, 2017 by David Fine

A recent decision from the Massachusetts Appeals Court is likely to have a substantial impact on construction contract and claims practice in the Commonwealth.  The Massachusetts State College Building Authority (“MSCBA”) hired Suffolk Construction Company, Inc. (“Suffolk”) to serve as … Continue reading →

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Is Faulty Workmanship an Occurrence?

Posted on September 28, 2016 by David Fine

Add New Jersey to the growing list of jurisdictions adopting a more expansive view of insurance coverage for construction defect claims. The standard form commercial general liability (CGL) insurance policy provides coverage for those sums that the insured becomes legally … Continue reading →

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The Spearin Doctrine is Alive and Well in Massachusetts

Posted on September 8, 2015 by David Fine

The Tom Brady decision was not the only important decision issued last week.  Attached is a slip opinion of an SJC decision that will help define the role of a construction manager at risk (CMAR) on construction projects in Massachusetts.  … Continue reading →

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The Complex Web of Insurance Coverage And Construction Losses

Posted on August 20, 2015 by David Fine

The Massachusetts Appeals Court recently issued a decision that sheds light on the interplay between multiple insurance policies allegedly covering the same construction project.  The project was a renovation of a second floor bathroom at a home in Medford, Massachusetts.  … Continue reading →

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Massachusetts Earned Sick Time Law Seminar – July 16 at Holy Cross

Posted on June 23, 2015 by David Fine

On July 1, 2015, the Massachusetts Earned Sick Time Law takes effect.  As many of you are aware, the Attorney General’s Office has been busy hosting public hearings concerning their proposed regulations related to the Earned Sick Time Law.  Mirick … Continue reading →

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Superior Court Issues Significant Decision Regarding Construction Managers

Posted on September 26, 2014 by David Fine

The Worcester Superior Court recently issued an important decision that could significantly affect the risk assumed by construction managers performing public projects under the M.G.L. c. 149A construction manager – at risk delivery method. In Coghlin Electrical Contractors, Inc. v. … Continue reading →

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