Category Archives: Construction

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

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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

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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

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Superior Court Issues Significant Decision Regarding Construction Managers

The Worcester Superior Court recently issued an important decision that could significantly affect the risk assumed by construction managers performing public projects under the M.G.L. c. 149A construction manager – at risk delivery method. In Coghlin Electrical Contractors, Inc. v. … Continue reading

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Massachusetts Revises Its Building Code Adding Increased Energy Efficiency Standards

Following up on my post dated November 15, 2012, as of July 1, 2014, the International Energy Conservation Code (“IECC”) 2012 went into effect, replacing the former baseline building energy code regulations.  The Commonwealth’s adoption of the updated code is … Continue reading

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A Lesson From Somerville: Better Zoning Promotes Economic Growth

Paul McMorrow wrote an interesting column in yesterday’s Boston Globe that deserves reading, particularly for those interested in crafting workable zoning codes and bylaws in our cities and towns.  The current zoning process in most Massachusetts communities, even for simple … Continue reading

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Supreme Court Answers: Your Form Selection Clause Is Enforceable

Earlier this year, I posted about a case on its way to the U.S. Supreme Court concerning the enforceability of a forum selection clause in a construction contract.  The case involved a general contractor from Virginia that entered a subcontract agreement … Continue reading

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On Solid Ground’s Top Five Stories of 2013

With 2013 coming to an end, it’s time to take a look back at the year that was.  Each year brings new developments in real estate, environmental and construction law, and 2013 was certainly no exception.  Here’s our pick for … Continue reading

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Massachusetts Mechanic’s Liens: A Property Owner’s Perspective

A mechanic’s lien is an encumbrance on private property to secure payment for a contractor (or subcontractor) or material supplier for labor or materials provided to improve that property.  (Not familiar with mechanic’s liens? Review my earlier post on the … Continue reading

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Contractors & Property Owners Beware: SJC Decision Highlights Risk of Penalties for Environmental Violations

The Supreme Judicial Court’s (SJC) recent decision in Franklin Office Park Realty Corp. v. Comm’r of Dept. of Envt’l Protection, 466 Mass. 454 (2013), is a good news, bad news proposition for Massachusetts property owners and contractors.  At issue in … Continue reading

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Ambiguous Indemnification Provision Leaves Supplier Footing The Bill

Last week, the Massachusetts Appeals Court rendered an important decision in Fraco Products, Ltd. v. Bostonian Masonry Corporation concerning indemnity obligations for construction site injuries.  The case highlights for contractors, subcontractors and suppliers the importance of carefully drafted indemnification provisions … Continue reading

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Should You Sign That Lien Waiver?

It is common practice to require contractors and subcontractors to execute lien waiver forms in exchange for periodic or final payments on construction projects.  In fact, it is such a universally accepted practice that many sign these forms without reviewing … Continue reading

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