Construction
Insurance Policy Did Not Cover Preemptive Measures to Avoid a Larger, Covered Loss
February 23rd, 2023
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…
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Claims Based on General Contract Obligations “Sounded in Negligence” and Were Thus Barred by the Statute of Repose
January 26th, 2023
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…
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Court Order Extending Deadlines Due to COVID Did Not Apply to Mechanic’s Liens
September 12th, 2022
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…
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Categories: Construction
Owner Need Not Respond to Contractor’s Claims Within Any Timeframe
July 13th, 2022
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…
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Massachusetts Appeals Court Enforces Prompt Pay Act Protocol
June 7th, 2022
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,…
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Limitation of Liability (and Consequential Damage Waiver) Clause Did Not Bar Claim for Bad Faith
January 24th, 2022
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…
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Subcontractor’s Right to Direct Payment from Public Authority
January 21st, 2022
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…
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Natural Gas “Blows” Causing Explosion Were Not “Abnormally Dangerous Activity”
January 15th, 2022
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…
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Owner’s Assignment to Contractor, of Claims Against Architect, Not Barred by Anti-Assignment Clause
December 14th, 2021
A school district and architect signed a contract, with a common anti-assignment clause, for design of an elementary school building . During construction of the project, disputes arose between the district and contractor, and the contractor claimed…
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Categories: Construction
New Jersey Prompt Payment Act Supports Recovery of Fees that Exceed Contract Balance Due
September 24th, 2021
A subcontractor owed $30,500, who had to jump through multiple hoops to recover its money, was entitled to recover legal fees and costs exceeding the contract balance due. JHC Industrial Services, a second-tier sub, performed demolition work for Cent…
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About Stan Martin
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.