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Author Archives: David Fine
Important Update – The Impact of Coronavirus on the Construction Industry
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
Posted in Construction, Contracts
Tagged Construction, Contracts, coronavirus, COVID-19
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The Impact of Coronavirus on the Construction Industry
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
Posted in Construction, Contracts
Tagged Construction, Contracts, coronavirus, COVID-19, force majeure, Insurance, OSHA
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Third Party Beneficiary Rights in Construction Contracts
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
Construction Insurance: Game of Risk
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
Construction Defect Claims and the Often Misunderstood Application of Express and Implied Warranties
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
New 2017 AIA Documents Released – Are You Prepared?
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
Enforcing “No-Damage-for-Delay” Clauses: A Potential Landmark Construction Law Decision from the Massachusetts Appeals Court
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
Is Faulty Workmanship an Occurrence?
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
The Spearin Doctrine is Alive and Well in Massachusetts
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
Posted in Construction
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The Complex Web of Insurance Coverage And Construction Losses
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
Massachusetts Earned Sick Time Law Seminar – July 16 at Holy Cross
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
Posted in Contracts, Labor
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Superior Court Issues Significant Decision Regarding Construction Managers
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
On Solid Ground: The Mirick Real Estate Law Blog 