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Tag Archives: Contracts
Important Update – The Impact of Coronavirus on the Construction Industry
Since our post on March 18, a lot has happened from both a health and regulatory standpoint as far as the impact from the outbreak of COVID-19 (“coronavirus”) on local and state construction practice. Here is an update, as of … Continue reading
Posted in Construction, Contracts
Tagged Construction, Contracts, coronavirus, COVID-19
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The Impact of Coronavirus on the Construction Industry
The outbreak of COVID-19 (“coronavirus”) has impacted all industries, including construction. First and foremost, we are in the midst of a public health crisis, and the safety and well-being of all project participants should be top of mind. We are … Continue reading
Posted in Construction, Contracts
Tagged Construction, Contracts, coronavirus, COVID-19, force majeure, Insurance, OSHA
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Building the Boroughs: A Year in Review
In 2019, Mirick O’Connell’s permitting attorneys were proud to help our clients, large and small, with local approvals in Marlborough for 6 great projects. Thank you to our clients and the City of Marlborough for a wonderful year! Click here … Continue reading
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
Posted in Contracts, Lease
Tagged appraisal, Contracts, Lease, Supreme Judicial Court
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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
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
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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Update on St. John’s Holdings, LLC. v. Two Electronics, LLC
On October 24th, 2016, the Massachusetts Land Court revised its ruling in St. John’s Holdings, LLC. v. Two Electronics, LLC (2016 WL 1460477 (2016). The underlying case (the subject of a prior blog article) involved electronic communication and the Statute … Continue reading
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
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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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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
Posted in Construction, Contracts
Tagged Construction, Contracts, indemnification, personal injury, Subcontractor, workers' compensation
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On Solid Ground: The Mirick Real Estate Law Blog 