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Category Archives: Construction
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
Real Estate Agents Not Covered by Independent Contractor Statute
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
Posted in Construction, Contracts, Labor
Tagged employee, Independent Contractor, Monell v. Boston Pads, Supreme Judicial Court
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Mirick O’Connell Hosts “Building the Boroughs+” Workshop On Improving Downtowns
Attorneys Art Bergeron and yours truly hosted a workshop for community leaders at the firm’s Westborough office on May 7th to share ideas and lessons learned on building and improving the downtowns in the Boroughs+ region. The program reflected a … Continue reading
Bullish on the Boroughs: A Commercial Market Snapshot
Guest Post by Arlon Brown of the Parsons Commercial Group, Framingham, Mass. The commercial office market in the Boroughs (Marlborough, Northborough, Southborough and Westborough) is improving with declining vacancies and rising rental rates. This can be attributed to an expanding … Continue reading
Breathing New Life into Worcester’s Former County Courthouse
Since 2007, the Worcester County Courthouse at 2 Main Street has been largely vacant. After the trial courts moved to the new Worcester Regional Judicial Center at 225 Main Street in the fall of 2007, the Worcester Law Library was … Continue reading
