Tag Archives: Construction

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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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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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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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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Leasing and LEED II: Things a Tenant Should Consider

In my last blog post, I outlined key issues that a landlord should consider when negotiating a lease with a perspective tenant in a LEED-certified building.  In this post, I want to review the same issue but from the tenant’s … Continue reading

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What You Should Know About Teaming Agreements in the Construction Industry

This is the third installment in a series of posts on teaming arrangements in the construction industry. My first post in the series addressed teaming arrangements generally and described the two most common forms: joint ventures and teaming agreements. The … Continue reading

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Teaming Arrangements in the Construction Industry – Part II

Last month I posted about teaming arrangements in the construction industry. I introduced the most common types of arrangements, including joint ventures and teaming agreements. The following post addresses some of the more important contract terms that will allow for … Continue reading

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Teaming Arrangements in the Construction Industry

I recently posted about Massachusetts Highway Dept. v. Perini Corp., a Massachusetts Appeals Court decision vacating a substantial arbitration award in favor of one of the general contractors on the Central Artery/Tunnel project.  The general contractor in question was Perini-Kiewit-Cashman … Continue reading

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SJC Again Rebuffs Local Attempts to Control 40B Low-Income Housing Developments

Zoning Board of Appeals of Sunderland v. Sugarbush Meadow, LLC is the Supreme Judicial Court’s (SJC) latest snub to municipal attempts to control the development of low income housing.  Despite testimony from the Town’s Fire Chief that the Town lacks … Continue reading

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