Category Archives: Construction

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

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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

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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

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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

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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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