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Category Archives: Construction
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
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
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
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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
On Solid Ground: The Mirick Real Estate Law Blog 