Category Archives: Construction

Recovery of Attorney’s Fees and Costs in Construction Disputes

Posted on January 2, 2019 by

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 →

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Construction Insurance: Game of Risk

Posted on December 18, 2018 by

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 →

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Construction Defect Claims and the Often Misunderstood Application of Express and Implied Warranties

Posted on April 26, 2018 by

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 →

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New 2017 AIA Documents Released – Are You Prepared?

Posted on July 14, 2017 by

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 →

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Enforcing “No-Damage-for-Delay” Clauses: A Potential Landmark Construction Law Decision from the Massachusetts Appeals Court

Posted on April 11, 2017 by

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 →

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What Does It Mean To Purchase An Additional Insured Endorsement?

Posted on February 8, 2017 by

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 →

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A Turn of Events for Worcester’s Former County Courthouse

Posted on December 14, 2016 by

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 →

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What Massachusetts Employers Should Know About Recreational Marijuana

Posted on November 17, 2016 by

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…

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Is Faulty Workmanship an Occurrence?

Posted on September 28, 2016 by

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 →

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The Spearin Doctrine is Alive and Well in Massachusetts

Posted on September 8, 2015 by

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 →

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The Complex Web of Insurance Coverage And Construction Losses

Posted on August 20, 2015 by

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 →

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Real Estate Agents Not Covered by Independent Contractor Statute

Posted on June 18, 2015 by

In 2004, the Massachusetts Legislature passed M.G.L. c. 149, § 148B, known as the independent contractor statute, to prevent the misclassification of employees as independent contractors, which would deny them benefits they would otherwise be entitled to as employees.  When … Continue reading →

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