All zoning conformities are alike, to rephrase Tolstoy’s famous opening line, but each zoning-related injury is injurious in its own way. Such has been the time-honored tenant of Massachusetts law for abutter standing under the Zoning Act. To successfully challenge … Continue reading
On Tuesday, the Appeals Court issued its opinion in Talmo v. Zoning Board of Appeals of Framingham. Massachusetts suffers no shortage of case law on standing (the right to file suit) in zoning appeals. In this case, the issue was … Continue reading
A recent decision from the Massachusetts Appeals Court is likely to have a substantial impact on construction contract and claims practice in the Commonwealth. The Massachusetts State College Building Authority (“MSCBA”) hired Suffolk Construction Company, Inc. (“Suffolk”) to serve as … Continue reading
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
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
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
In 2006, then-Governor Mitt Romney signed into law “An Act Relative to Streamlining and Expediting the Permitting Process in the Commonwealth.” The Act created a designated “permit session” in the Land Court designed to handle all permit-related litigation involving large … Continue reading
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
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
The Appeals Court’s ruling yesterday in Martin v. Simmons Properties, LLC emphasizes that property owners act at their peril when they infringe upon deeded easement rights. In this case, Clifford Martin owned property in an industrial/commercial subdivision on the Medford-Somerville … Continue reading
The scenario is all too familiar for subcontractors. Payments from the general contractor stop mid-project. The subcontractor rushes to record and serve a notice of contract to begin the process of perfecting a mechanic’s lien. However, the lien is discharged … Continue reading
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Do not take a casual approach to permit appeals – that is the lesson from the Appeals Court’s recent decision in Richardson v. Bd. of Appeals of Chilmark. Under the Massachusetts Zoning Act, G.L. c. 40A, §§8, 15, a party … Continue reading
On Solid Ground: The Mirick Real Estate Law Blog 