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Category Archives: Contracts
Appearance of Bias Not Enough to Invalidate Appraisal – Unless the Contract Says Otherwise
When parties enter a contract involving an appraised value of real estate, they need eventual finality with respect to that appraised value, but they also want fairness in the appraisal process. In Buffalo-Water 1, LLC v. Fidelity Real Estate Company, … Continue reading
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
Posted in Construction, Contracts
Tagged Construction, Contracts
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
Posted in Construction, Contracts
Tagged Construction, Contracts
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
Massachusetts Earned Sick Time Law Seminar – July 16 at Holy Cross
On July 1, 2015, the Massachusetts Earned Sick Time Law takes effect. As many of you are aware, the Attorney General’s Office has been busy hosting public hearings concerning their proposed regulations related to the Earned Sick Time Law. Mirick … Continue reading
Posted in Contracts, Labor
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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
Posted in Construction, Contracts, Labor
Tagged employee, Independent Contractor, Monell v. Boston Pads, Supreme Judicial Court
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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
Posted in Construction, Contracts
Tagged Construction, Contracts, U.S. Supreme Court
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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
Posted in Broker Liability, Construction, Contracts, Environmental, Hazardous Materials, Municipal, Wetlands, Zoning
Tagged DeWolfe, Kootz v. St. Johns River Water Management District, marijuana dispensaries, Massachusetts Appeals Court, Massachusetts Contingency Plan, Massachusetts Department of Environmental Protection, Perini Corp., Supreme Judicial Court
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Cell Tower Leases: Boon or Bane
Although many people object to the way cell towers look in the landscape, a cell tower lease can provide a welcome source of additional revenue for the landowner. Most cell towers exist by virtue of a lease between the landowner … Continue reading
Posted in Contracts, Lease
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