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.

Ambiguous Indemnification Provision Leaves Supplier Footing The Bill

Last week, the Massachusetts Appeals Court rendered an important decision in Fraco Products, Ltd. v. Bostonian Masonry Corporation concerning indemnity obligations for construction site injuries.  The case highlights for contractors, subcontractors and suppliers the importance of carefully drafted indemnification provisions … Continue reading

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Should You Sign That Lien Waiver?

It is common practice to require contractors and subcontractors to execute lien waiver forms in exchange for periodic or final payments on construction projects.  In fact, it is such a universally accepted practice that many sign these forms without reviewing … Continue reading

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Supreme Court To Weigh In: Is Your Forum Selection Clause Enforceable?

The United States Supreme Court has taken the unusual step of choosing to weigh in on a construction dispute involving a Virginia forum selection clause.  Forum selection clauses generally provide that disputes must be litigated in a particular place.  They … Continue reading

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What You Should Know About Teaming Agreements in the Construction Industry

This is the third installment in a series of posts on teaming arrangements in the construction industry. My first post in the series addressed teaming arrangements generally and described the two most common forms: joint ventures and teaming agreements. The … Continue reading

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Teaming Arrangements in the Construction Industry – Part II

Last month I posted about teaming arrangements in the construction industry. I introduced the most common types of arrangements, including joint ventures and teaming agreements. The following post addresses some of the more important contract terms that will allow for … Continue reading

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Teaming Arrangements in the Construction Industry

I recently posted about Massachusetts Highway Dept. v. Perini Corp., a Massachusetts Appeals Court decision vacating a substantial arbitration award in favor of one of the general contractors on the Central Artery/Tunnel project.  The general contractor in question was Perini-Kiewit-Cashman … Continue reading

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Appeals Court Vacates $56 Million Big Dig Arbitration Award

In Massachusetts Highway Dept. v. Perini Corp., the Appeals Court vacated a $56 million arbitration award in favor of Perini-Kiewit-Cashman Joint Venture (“PKC”), one of the general contractors for portions of the Central Artery/Tunnel Project (“Project”).  The Court held that … Continue reading

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A Primer On Construction Contracts

For most contractors, daily responsibilities are simply too many to afford much time and effort in drafting optimal contract forms.  This task, however, should not be overlooked.  Contract language will directly affect your rights and obligations.  It will determine, among … Continue reading

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The Massachusetts Green Communities Act: Go Green Or Go Home

According to a recent study, 45% of all construction projects will be green by 2014.  The trend indicates that green projects will soon be the industry standard.  From international bodies to state and local government, lawmakers at all levels are … Continue reading

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Worcester City Council Passes Controversial “Responsible Employer Ordinance”

The Worcester City Council last week passed a “Responsible Employer Ordinance” (“REO”) requiring that public construction contractors, among other things, participate in an apprenticeship program, as defined by M.G.L. c. 23, §§11H, 11I.  The REO also mandates prevailing wage rates, hospitalization … Continue reading

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Subcontractor Deemed Independent Contractor Subject To Exclusion In Commercial General Liability Policy

Following closely on the heels of my colleague’s August 17 post regarding the independent contractor classification, the Massachusetts Appeals Court last week rendered a decision highlighting the significance of this classification in the construction world.  In Cable Mills, LLC v. … Continue reading

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