Author Archives: Stephen F. Madaus

About Stephen F. Madaus

Stephen is a partner and chair of Mirick O'Connell's Public and Municipal Law Group. He is also a member of the firm's Land Use and Environmental Law Group. Stephen provides advice and counsel to clients in various areas of municipal law, including public bidding and procurement, the designer selection law, public construction, contracts, zoning, subdivision control law, eminent domain, the creation or discontinuance of public ways and the state's conflict of interest law. He represents owners, both public and private, in preparing, reviewing and amending agreements for architect's services, engineering services and contracts for construction of medium-size and large-scale projects. He also appears regularly on behalf of clients before local planning boards, zoning boards of appeals and conservation commissions. He represents companies in applying for and obtaining Tax Increment Financing Agreements. Stephen serves as co-chair of the Worcester County Bar Association's Municipal Law Section.

A General Contractor’s Failure To Obtain a Waiver of Subrogation from a Subcontractor Held Not A Material Breach of the Construction Contract

The Massachusetts Appeals Court recently held that a general contractor’s failure to obtain a waiver of subrogation from one of its subcontractors, as required by the terms of the construction contract it entered, was not a material breach of the … Continue reading

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