Construction

This is a non-construction case that will impact construction parties. The Massachusetts Supreme Judicial Court has held that costs incurred by an insured in order to prevent greater losses are not covered by insurance, even though the greater losses… Read More

A project owner has learned that claims based on shoddy work, as opposed to violation of a specific technical requirement, will be deemed to “sound in negligence” and be subject to the statute of repose. In Massachusetts, the statute of limitatio… Read More

After the onset of COVID-19, the Massachusetts Supreme Judicial Court extended court deadlines in a series of four orders. Any deadline “set forth in statutes or court rules” falling between March 17 and June 20, 2020 was tolled, or extended, to… Read More

Contractors often face strict or limited notice periods, in which to advise the project owner of a claim or issue. Some contracts even include forfeiture provisions, where the contractor’s failure to give timely notice acts to nullify the claim. Bu… Read More

In a closely-watched, hotly-disputed case, the Massachusetts Appeals Court has enforced critical elements of the state’s prompt pay act (PPA). As a result, the contractor was entitled to judgment against the project owner for the amounts not paid,… Read More

Limitation of liability clauses have become more common in construction industry contracts over the past 10-15 years. Such clauses are quite common in design contracts. It is also common for a limitation of liability clause to refer to multiple poten… Read More

Subcontractors on public projects in Massachusetts have the right to seek payment directly from the awarding authority when the prime contractor has not made timely payment. A Massachusetts Superior Court judge has reinforced the awarding authority�… Read More

Almost twelve years ago, an explosion ripped through a power generation facility construction project in Middletown, Connecticut, known as Kleen Energy. Six workers were killed and many more were injured. The explosion was caused by a fuel line purge… Read More