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- RT @environment: A Delaware town that discovered PFOA and PFOS in its drinking water more than a year ago may become part of the EPA's flag…. David McCay 1 month ago
- RT @EENewsUpdates: A federal appeals court yesterday tossed a legal battle over Obama-era emissions standards for solid waste landfills tha…. David McCay 1 month ago
- RT @EENewsUpdates: When the Trump administration finalized its repeal of the Obama-era Clean Water Rule last month, it also quietly updated…. David McCay 1 month ago
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Category Archives: Construction
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
Posted in Construction, Contracts
Tagged Construction, Contracts
Recovery of Attorney’s Fees and Costs in Construction Disputes
When construction projects become construction disputes, contractors and suppliers start thinking about how to recover their attorney’s fees and other legal costs. Massachusetts follows the “American Rule” for recovery of legal expenses that states each party must pay their own … 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
Posted in Construction, Contracts
Tagged Construction, Contracts
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
What Does It Mean To Purchase An Additional Insured Endorsement?
In the construction industry, it is standard for ‘upstream’ parties to require ‘downstream’ parties to purchase and maintain general liability insurance coverage, at varying limits, and to obtain an endorsement adding all or most ‘upstream’ parties as ‘additional insureds’ under … Continue reading
Posted in Construction, Contracts, Uncategorized, Utilities
Tagged Construction, Contracts
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A Turn of Events for Worcester’s Former County Courthouse
The former Worcester County Courthouse at 2 Main Street was supposed to be converted into residential housing units and retail space after the City reached an agreement in March 2015 to sell it to Brady Sullivan Properties, LLC, a New … Continue reading
Posted in Construction, Contracts, Labor
Tagged Construction, Contracts, Mechanic's lien, Subcontractor
What Massachusetts Employers Should Know About Recreational Marijuana
Originally posted on offtheclockemploymentblog:
On November 8, 2016, Massachusetts voters approved a ballot question legalizing marijuana for recreational and commercial use. The Regulation and Taxation of Marijuana Act (the “Act”) provides that – as of December 15, 2016 – persons…
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
Posted in Construction, Hazardous Materials
Tagged Construction, Defective waste, defective workmanship, Defects, Exclusion, Insurance, Occurrence, property damage, Subcontractor
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
