Tag 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

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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

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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

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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

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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

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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

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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

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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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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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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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Brokers Beware: SJC Issues Ruling in Closely-Followed DeWolfe v. Hingham Centre Case

The Supreme Judicial Court’s (SJC) recent ruling in DeWolfe v. Hingham Centre, Ltd., is a warning to Massachusetts real estate brokers:  What you say can and will be used against you in a court of law.  The case is also … Continue reading

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