Tag Archives: Contracts

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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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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Appeals Court Vacates $56 Million Big Dig Arbitration Award

In Massachusetts Highway Dept. v. Perini Corp., the Appeals Court vacated a $56 million arbitration award in favor of Perini-Kiewit-Cashman Joint Venture (“PKC”), one of the general contractors for portions of the Central Artery/Tunnel Project (“Project”).  The Court held that … Continue reading

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Appeals Court Opens the Door to Construction Defect Claims by Condominium Associations

For most property owners, the legal system typically provides a remedy when developers or builders do substandard work.  Most property owners can simply bring contract or tort-based claims against the contractor they retained to perform the work.  Until the Massachusetts Appeals … Continue reading

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SJC: Contracts Can Shorten Statute of Limitations Period, Unless…

Despite the fairly straightforward nature of the issue, before the recent case of Creative Playthings Franchising, Corp. v. James A. Reiser, Jr., the Massachusetts Supreme Judicial Court (SJC) had not categorically ruled whether parties to a contract could agree to … Continue reading

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Worcester City Council Passes Controversial “Responsible Employer Ordinance”

The Worcester City Council last week passed a “Responsible Employer Ordinance” (“REO”) requiring that public construction contractors, among other things, participate in an apprenticeship program, as defined by M.G.L. c. 23, §§11H, 11I.  The REO also mandates prevailing wage rates, hospitalization … Continue reading

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Subcontractor Deemed Independent Contractor Subject To Exclusion In Commercial General Liability Policy

Following closely on the heels of my colleague’s August 17 post regarding the independent contractor classification, the Massachusetts Appeals Court last week rendered a decision highlighting the significance of this classification in the construction world.  In Cable Mills, LLC v. … Continue reading

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Lower Court Holds That E-mails May Constitute A Binding Purchase And Sale Agreement

A Superior Court Judge recently ruled in Feldberg et al. v. Coxall that a series of e-mails between a buyer and seller of real estate that include the material terms of the offer and an acceptance of those terms may … Continue reading

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