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Appeals Court Opens the Door to Construction Defect Claims by Condominium...
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...
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A Primer On Construction Contracts
For most contractors, daily responsibilities are simply too many to afford much time and effort in drafting optimal contract forms. This task, however, should not be overlooked. Contract language...
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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...
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SJC Again Rebuffs Local Attempts to Control 40B Low-Income Housing Developments
Zoning Board of Appeals of Sunderland v. Sugarbush Meadow, LLC is the Supreme Judicial Court’s (SJC) latest snub to municipal attempts to control the development of low income housing. Despite...
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Massachusetts Mechanic’s Liens: The Basics
A “mechanic’s lien” is a misnomer: it has nothing to do with mechanics or cars. A mechanic’s lien is security for payment of labor or materials supplied to a private construction project. G.L. c....
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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...
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Teaming Arrangements in the Construction Industry – Part II
Last month I posted about teaming arrangements in the construction industry. I introduced the most common types of arrangements, including joint ventures and teaming agreements. The following post...
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Massachusetts Mechanic’s Liens: What a subcontractor or supplier needs to know
The first thing I think about when a subcontractor or supplier hasn’t been paid on a job is whether a mechanic lien can be filed. On private construction projects, subcontractors (or...
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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...
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Supreme Court To Weigh In: Is Your Forum Selection Clause Enforceable?
The United States Supreme Court has taken the unusual step of choosing to weigh in on a construction dispute involving a Virginia forum selection clause. Forum selection clauses generally provide that...
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Leasing and LEED: Things a Landlord Should Consider
As area businesses seek to “go green,” we are seeing an increasing interest in LEED (Leadership in Energy and Environmental Design) certified buildings. This raises important leasing issues for both...
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BREAKING NEWS: Supreme Court Ruling a Victory for Developers’ Fifth Amendment...
The U.S. Supreme Court issued its ruling today in the closely-watched Koontz v. St. Johns River Water Management District case. The decision is a major victory for private property rights,...
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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...
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SJC Liberally Applies Mechanic’s Lien Law to Protect Lien From Dissolution
As it has done in the past, the Supreme Judicial Court (SJC) has interpreted the requirements for enforcement of a mechanic’s lien in broad fashion to protect a lien that otherwise might have been...
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Legislature’s $1.4 Billion Bond Bill Amends Controversial Chapter 40B
The Massachusetts Senate and House of Representatives recently passed a $1.4 billion bond bill authorizing, among other things, $500 million in repairs and improvements to public housing and $305...
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Should You Sign That Lien Waiver?
It is common practice to require contractors and subcontractors to execute lien waiver forms in exchange for periodic or final payments on construction projects. In fact, it is such a universally...
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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...
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Contractors & Property Owners Beware: SJC Decision Highlights Risk of...
The Supreme Judicial Court’s (SJC) recent decision in Franklin Office Park Realty Corp. v. Comm’r of Dept. of Envt’l Protection, 466 Mass. 454 (2013), is a good news, bad news proposition for...
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Massachusetts Mechanic’s Liens: A Property Owner’s Perspective
A mechanic’s lien is an encumbrance on private property to secure payment for a contractor (or subcontractor) or material supplier for labor or materials provided to improve that property. (Not...
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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...
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