Tag Archives: Massachusetts Appeals Court

SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed

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

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Zoning Appeal Plaintiff Must Prove Standing, Even if Defendant Town Does Not Contest Issue at Trial

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

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Enforcing “No-Damage-for-Delay” Clauses: A Potential Landmark Construction Law Decision from the Massachusetts Appeals Court

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

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On Solid Ground’s Top Five Stories of 2013

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

Posted in Broker Liability, Construction, Contracts, Environmental, Hazardous Materials, Municipal, Wetlands, Zoning | Tagged , , , , , , , | 1 Comment

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 Ruling Promotes Expedited Resolution of Land Use Disputes

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

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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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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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Appeals Court Ruling is Warning Not to Interfere with Deeded Easement Rights

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

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Subcontractor’s Mechanic’s Lien Dismissed Because “No Amount Due” General Contractor

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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Appeals Court Ruling Reinforces Importance of Timely Filing of Permit Appeals

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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

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