Construction

Amanda Baer Named Partner

PODCAST: Bob Kilroy discusses issues employers may face upon re-entry into the workplace during the COVID-19 Pandemic | Recorded 5.15.20

David Fine quoted in Worcester Business Journal's article "Real estate industry reacting to short- and long-term consequences of pandemic"

e-Alert: Long-term Care and Estate Planning/ Coronavirus Impact on the Workplace/ Construction Industry

David Fine to Speak at American Bar Association Webinar

Mirick O'Connell Featured in Worcester Telegram

Worcester Chamber Salutes Mirick O'Connell on 100 Years of Excellence

Mirick O'Connell Celebrates 100th Anniversary!

David L. Fine Elevated to Partner

Corey Higgins named one of the 40 under Forty

David Fine to Present at Northeast Security Systems Contractors Expo

Mirick O'Connell Sponsors NAWIC Golf Tournament

David Fine Authors Chapter of ABA Book, "Construction Subcontracting, A Comprehensive, Practical and Legal Guide"

On Solid Ground: Real Estate Development, Environmental and Construction Law Blog

Remote Public Meetings Authorized Through April of 2022; New Law Extends Additional COVID-19 Emergency Rules

Public bodies may continue to hold remote meetings through April of 2022 under new legislation enacted this week. The statute, Chapter 20 of the Acts of 2021, authorizes a quorum of a board or committee to meet remotely and require remote …

Municipal Permitting Timelines Resume on December 1

Effective December 1, municipal boards must follow the usual permitting deadlines following a COVID-19 statute enacted last week. Towns and cities had been operating under Section 17 of Chapter 53 of the Acts of 2020, which tolled the deadlines for commencing …

Important Update – The Impact of Coronavirus on the Construction Industry

Since our post on March 18, a lot has happened from both a health and regulatory standpoint as far as the impact from the outbreak of COVID-19 (“coronavirus”) on local and state construction practice.  Here is an update, as of …

The Impact of Coronavirus on the Construction Industry

The outbreak of COVID-19 (“coronavirus”) has impacted all industries, including construction.  First and foremost, we are in the midst of a public health crisis, and the safety and well-being of all project participants should be top of mind.  We are …

Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …

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 …

PFAS Concerns Mounting for Cities and Towns as MassDEP Proposes Maximum Contaminant Level in Drinking Water

Many of our readers will be aware that on December 27, 2019, the Massachusetts Department of Environmental Protection (MassDEP) proposed a Maximum Contaminant Level (MCL) for PFAS in drinking water of 20 parts per trillion (0.02 ug/L or ppt) for six PFAS …

Building the Boroughs: A Year in Review

In 2019, Mirick O’Connell’s permitting attorneys were proud to help our clients, large and small, with local approvals in Marlborough for 6 great projects. Thank you to our clients and the City of Marlborough for a wonderful year! Click here …

Building on Lands Formerly Used as Railroad Right-of-Ways- An Amendment That May Simplify the Permitting Process

For the last forty-five (45) years, obtaining a permit to build any type of structure on any former railroad right-of-way in the Commonwealth of Massachusetts has been far from seamless. Massachusetts General Law c.40 §54A, enacted by the legislature in …

MassDEP Working on a Drinking Water MCL for PFAS

Several weeks ago, I posted that the Massachusetts Department of Environmental Protection (MassDEP) proposed a new groundwater standard for PFAS contamination under the Massachusetts Contingency Plan regulations (310 CMR 40.0000).  Public comment on the proposed regulations remains open through July …

Appearance of Bias Not Enough to Invalidate Appraisal – Unless the Contract Says Otherwise

When parties enter a contract involving an appraised value of real estate, they need eventual finality with respect to that appraised value, but they also want fairness in the appraisal process. In Buffalo-Water 1, LLC v. Fidelity Real Estate Company, …

BREAKING: MassDEP Announces Proposed Revisions to the Massachusetts Contingency Plan, Including a Reportable Concentration for PFAS at 20 ppt

The Massachusetts Department of Environmental Protection (MassDEP) announced proposed revisions to the Massachusetts Contingency Plan (310 CMR 40.0000).  This begins a 3-month public comment period that will end July 19, 2019, and will include four public hearings. According to MassDEP, …

Representative Matters

• Successfully represented a college through all phases of financing and construction of a new Center for Global Innovation and Entrepreneurship, including grant requirements, bonding, compliance, contracts and project management.
• Negotiated a favorable resolution for a general contractor in a multi-million dollar delay claim stemming from defective design documents and extended conditions in a multi-phased renovation and new construction of a hospital.
• Successfully represented a municipality in complying with the Massachusetts Designer Selection Law in connection with the construction of a new public safety complex, including selecting an architect, negotiating and drafting AIA architect and general contractor agreements, and favorably resolving multiple disputes that arose during construction and after project completion.
• Won summary judgment on behalf of a landowner against a developer who claimed that the parties had reached an agreement concerning the sale of land valued in excess of $5 million.
• Successfully defended claims in excess of $2 million brought by a design-builder against an owner of a senior living facility, in connection with a $14 million construction project. The arbitration was a multi-party, complex case that spanned over 40 days of hearings.
• Managed and coordinated efforts of multi-disciplinary team of architects and engineers to permit and develop a 104-bed assisted living facility, including obtaining zoning amendments and purchasing municipal property.
• Managed and coordinated efforts of an institutional medical group’s real estate and facility phasing and re-organization, including leasing and regulatory requirements, design and construction contracts, and business advice.
• Successfully represented a regional sewage treatment plant in review and approval of construction contract documents for a major renovation and expansion project.
• Represented a private owner and a developer of residential and assisted-living facilities in negotiating and preparing a contract with a design-builder for construction of a new residential development.
• Successfully represented a general contractor and its surety in defending claims on a payment bond brought by a specialty concrete subcontractor on a public works project involving renovation and build-out of a college dormitory.
• Regularly prosecute and defend mechanics’ lien claims and surety bond claims.
• Serve as general counsel to several leading general contractors, construction managers, subcontractors and specialty trade contractors.
• Successfully prosecuted multi-million dollar claims for breach of contract and unfair business practices on behalf of a designer and builder of pollution control systems for power generation facilities.
• Represented an institutional client in connection with its campus expansion plans, which involved working with MEPA, DCR and DEP to obtain the required approvals.
• Regularly assist merit shop clients with union avoidance, organizing drives and elections.
• Regularly represent unionized clients in labor grievances, arbitrations, unfair labor charges and contract negotiations.
• Regularly assist clients with OSHA audits, jobsite inspections and citations.
• Successfully tried a case before the Housing Appeals Committee for a developer client against a municipality for an affordable housing project under Massachusetts General Laws, Chapter 40B.