- RT @: Can an employer require employees to get a COVID-19 vaccine? EEOC says "yes." However, SHOULD you require your employ…. David McCay
- What does the December 8th Rollback Mean for Massachusetts Employers? Find out here. offtheclockemploymentblog.com/2020/12/10/wha… via @. David McCay
- Municipal Permitting Timelines Resume on December 1. mirickrealestatelawblog.com/2020/11/20/mun… via @. David McCay
- RT @: Last chance to register to join B&D and @ on October 26 for " Reform Efforts, Past and Present," a virtual p…. David McCay
- RT @: Thank you to our @ representatives Kathleen Baskin, Assistant Commissioner of the Bureau of Water Resources, and…. David McCay
- RT @: The @ will host representatives from @ for a presentation regarding the state's new PFAS drinking…. David McCay
- It was definitely different this year, but so proud of and thankful for all our donors and my teammates at Team ACT… . David McCay
- Water stop #1 for Team ACT and our . Closer by the mile. https://t.co/E6ezPpSGOc. David McCay
- PMC2020 Day 1: 113 mi. done and dusted!. David McCay
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Author Archives: David Fine
Massachusetts Revises Its Building Code Adding Increased Energy Efficiency Standards
Following up on my post dated November 15, 2012, as of July 1, 2014, the International Energy Conservation Code (“IECC”) 2012 went into effect, replacing the former baseline building energy code regulations. The Commonwealth’s adoption of the updated code is … Continue reading
Posted in Construction, Environmental, Uncategorized
Tagged Construction, Environmental
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Supreme Court Answers: Your Form Selection Clause Is Enforceable
Earlier this year, I posted about a case on its way to the U.S. Supreme Court concerning the enforceability of a forum selection clause in a construction contract. The case involved a general contractor from Virginia that entered a subcontract agreement … Continue reading
Posted in Construction, Contracts
Tagged Construction, Contracts, U.S. Supreme Court
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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
Posted in Construction, Contracts
Tagged Construction, Contracts, indemnification, personal injury, Subcontractor, workers' compensation
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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
SJC Liberally Applies Mechanic’s Lien Law to Protect Lien From Dissolution
As it has done in the past, the Supreme Judicial Court (SJC) has interpreted the requirements for enforcement of a mechanic’s lien in broad fashion to protect a lien that otherwise might have been dissolved. In NES Rentals, Inc. v. … Continue reading
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
Posted in Construction, Contracts, Uncategorized
Tagged Forum Selection Clause, Litigation, U.S. Supreme Court
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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
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
Posted in Competitive Bidding, Construction, Contracts
Tagged Construction, Joint venture, teaming agreement, Teaming Arrangements
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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
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
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
Posted in Construction, Contracts
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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
Posted in Construction, Municipal, Town Meeting, Zoning
Tagged Green Communities Act, Stretch Code
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