Construction Law

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Our Construction Law attorneys represent and advise project owners, developers, general contractors, construction managers, subcontractors, specialty trade contractors, design professionals, engineers and other consultants, lenders, material suppliers, and manufacturers in all phases of construction, from initial planning to project completion.

We practice regularly in the areas of land use and real estate acquisition, contract preparation and review, environmental law, business law and finance, construction litigation and dispute resolution, and labor and employment law. The breadth and experience of our construction attorneys gives our clients a tremendous advantage as they navigate the complexities of the construction industry.

Our construction attorneys are active and hold leadership positons in several local, regional, and national construction trade and civic organizations. Many of our attorneys have technical and in-house backgrounds. We understand the challenges our clients face on a daily basis, and our goal is always to provide the best value by obtaining successful results at reasonable costs.

The services provided by Mirick O’Connell’s Construction Law Group include:

  • Administrative Hearings
  • American Institute of Architects (AIA) License User
  • Bid Protests
  • Change of Orders, Extra Work
  • Construction Claims
  • Construction Contracts Drafting, Review Negotiation
  • Construction & Design Defects
  • Construction Finance, Insurance & Bonding
  • Construction Litigation & Appeals
  • Default & Termination Proceedings
  • Delay, Impact & Acceleration Claims
  • Design Delegation, Design Assist
  • Designer Negligence Claims
  • Designer Selection Laws
  • Emergency & Crisis Response
  • Employee Handbooks
  • Employee Investigations & Workplace Audits
  • Environmental Claims, Hazardous Materials
  • False Claims Act
 
 
  • Government Contracts
  • Governmental Investigations & Assessments
  • Indemnification Claims
  • Insurance Coverage
  • Labor Disputes, Harmony
  • LEED Certified
  • Licensing
  • Liquidated Damages Claims
  • Lost Productivity Claims
  • Mechanic's Liens
  • Mediation, Arbitration
  • OSHA Investigations
  • Payment Claims
  • Payment & Performance Bonds
  • Prevailing Wages, Wage and Hour Claims
  • Private Wages, Wage and Hour Claims
  • Private Real Estate Development
  • Project Delivery Method Selection, Assessment
  • Project Support & Dispute Avoidance
  • Public Bidding & Procurement
 

   

Jonathan Sigel quoted in Boston.com, "What benefits are required for summer employees?"

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Amanda Baer quoted in UNLEASH article, "Should employers cut sick pay for the unvaccinated?"

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Worcester Business Journal Recognizes Mirick O'Connell as "Best Law Firm" for Business

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Happy New Year from Mirick O'Connell

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Dave Fine quoted in Construction Dive article, "The Dotted Line: Supply chain woes lead to possible breach, defect claims"

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e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Benefits Extended

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e-Alert: What Employers Need to Know about President Biden's "Path Out of the Pandemic" COVID-19 Action Plan

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Amanda Baer was quoted in the ConstructionProNet article "The Dotted Line: How to Navigate Vaccine Mandates"

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PODCAST: Jonathan Sigel discusses the MA Paid Family and Medical Leave

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PODCAST: Anthony DaSilva discusses Protecting Employee Retirement Plans from Cyberattacks

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Amanda Baer was quoted in Ragan's Workplace Wellness Insider article "5 Issues Every Organization Should Consider in Planning Their Return to Work

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PODCAST: Reid Wakefield discusses Massachusetts Emergency COVID-19 Paid Sick Leave

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Jessica Murphy quoted in the Millbury-Sutton Chronicle article "Judge Mulling Injunction that Would Shut Down The Care Factory"

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e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Updated Guidance and Resources

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PODCAST: Ken Pickering discusses Preventing, Detecting and Responding to Employee Fraud

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e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Employer Guidance

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Reid Wakefield quoted in Forbes article "What the EEOC's Updated Covid Guidelines Mean for Business Leaders"

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Amanda Baer interviewed by Spectrum News 1 "Back to the Office: What Employers and Employees Can Expect with a Return to Work"

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Amanda Baer quoted in Workest by Zenefits article "Can Small Businesses require COVID Vaccines in the Workplace?"

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e-Alert: COVID-19 and Masks: Updated Guidance from OSHA and Massachusetts

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e-Alert: COVID-19 and Masks: Should Employers Continue to Require Masks in the Workplace?

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Brian Casaceli quoted in LegalZoom "Vaccinations, Masks, and Small Business Rights"

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Best Lawyers release the 2021 Edition of Best Lawyers in New England

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Kim Rozak quoted in Telegram, "Can employers mandate vaccine? Experts discuss strategies to maintain workforce health and safety in the era of COVID-19"

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PODCAST: Amanda Baer discusses American Rescue Plan Act and FFCRA

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PODCAST: Jessica Murphy discusses Women in Construction Week March 7-14, 2021

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David Surprenant was quoted in Telegram & Gazette article "Mirick O'Connell signs 10-year lease renewal with Mercantile Center in downtown Worcester"

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PODCAST: Amanda Baer discusses Massachusetts Commission Against Discrimination Claims

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28 Mirick O'Connell Attorneys Named to 2020 Super Lawyers and Rising Stars List

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PODCAST: Rich Van Nostrand discusses Non-Competition Agreements Act of Massachusetts

Rich Van Nostrand provides background of the Non-Competition Agreements Act of Massachusetts and its impact on businesses since its passing.

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PODCAST: Allen Falke discusses Estate Planning Techniques in a Low Interest Rate Environment

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PODCAST: Chris Collins discusses the Benefit of Serving in the Community

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PODCAST: John Shea discusses Mediation in Divorce Cases

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e-Alert: Federal Court in New York Strikes Down Parts of the Department of Labor's Regulations Interpreting the Families First Coronavirus Response Act

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PODCAST: Nick Anastasopoulos and Jim Croteau of Starkweather & Shepley Insurance Brokerage Inc. discuss How do Businesses Protect Themselves, their Employees and Clients as Businesses Start to Reopen?

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e-Alert: COVID-19: OSHA's Updated Guidance - Face Masks in the Workplace/ United States Supreme Court Issues Historic Decision Protecting LGBT Workers from Employment Discrimination

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PODCAST: Reid Wakefield discusses Fair Housing and Housing Discrimination in Massachusetts | Recorded 6.10.20

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e-Alert: New PPP Flexibility Act Extends Forgiveness Period and Maturity Date Among other Benefits

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We Stand in Solidarity: A message to our clients and our community.

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PODCAST: Brian Casaceli is joined by Stephen Graham of CEA to discuss reopening your business or building operations while minimizing the risk of becoming a COVID-19 Hot Spot | Recorded 6.2.20

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e-Alert: Update on COVID-19 Workplace Health and Safety Enforcement by OSHA and the Massachusetts Attorney General

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Webinar: Reopening Massachusetts What Employers Need to Know About Phase 1: Start

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

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E-Alert: Considerations for Employers Resuming On-Site Operations During COVID-19

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e-Alert: Treasury Department issues New Guidance on "Necessity" Certification for PPP Loan Recipients

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PODCAST: Jonathan Sigel discusses re-entry into the workplace after the COVID-19 pandemic

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

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PODCAST: Rich Van Nostrand discusses Diversity & Inclusion

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PODCAST: Dave Fine discusses "COVID-19: Impact on Construction" | Recorded 4.17.20

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PODCAST: Mike Refolo discusses Navigating your Business During COVID-19

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e-Alert: Employee Benefits Tax Relief under the CARES Act

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PODCAST: Nick Anastasopoulos discusses employer-union relations during COVID-19

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WEBINAR: Latest DOL Guidance regarding Families First Act

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PODCAST: Amanda Baer talks about the Emergency Sick Leave Act (3.25.20)

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e-Alert: Tax Extension/ DOL Releases Poster of Employee Rights/Impact on Construction Industry

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

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Mirick O'Connell recognized as "Best Law Firm" for business by Worcester Business Journal

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Jonathan Sigel interviewed by NECN - How to Prepare for Mass Equity Pay Law

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Mirick O'Connell Ranked Largest Law Firm in Central MA

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Mirick O'Connell Voted Best Law Firm For Business

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Jessica Murphy Receives Extraordinary Leader Award

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Mirick O'Connell Voted Best Law Firm

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Mirick O'Connell Featured in Worcester Telegram

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

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Mirick O'Connell Celebrates 100th Anniversary!

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David Fine to Present Construction Contract Workshop

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David L. Fine Elevated to Partner

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14 Attorneys selected for inclusion in The Best Lawyers in America

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Jessica Murphy Profiled by MetroWest Daily News

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Labor, Employment and Employee Benefits Legal Update: "Massachusetts "CROWN" Law Prohibits Discrimination Based on Hairstyle"

07/28/2022[ read full story ]

Court Lifts Stay on OSHA's Emergency Temporary Standard Regarding COVID-19, OSHA Exercising Discretion in Enforcing ETS Until January 10

12/20/2021[ read full story ]

OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) - Temporarily Blocked

11/08/2021[ read full story ]

e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Benefits Extended

10/1/2021[ read full story ]

e-Alert: Should Employers Consider Surcharges for Unvaccinated Workers?

9/14/2021[ read full story ]

e-Alert: What Employers Need to Know about President Biden's "Path Out of the Pandemic" COVID-19 Action Plan

9/14/2021[ read full story ]

COVID-19 Mandates in the Workplace

04/21/2021[ read full story ]

DOL Publishes Model Notices for COBRA Subsidies

4/9/2021[ read full story ]

Extension of 2020 Massachusetts Tax Return Filing and Payment

03/22/2021[ read full story ]

Extension of 2020 Federal Tax Return Filing and Payment

03/19/2021[ read full story ]

American Rescue Plan Act of 2021 Contains New COBRA Subsidies

03/16/2021

American Rescue Plan and Paid Leave: What Employers Need to Know

03/12/2021[ read full story ]

e-Alert: New Gathering and Capacity Restrictions Effective December 26; SJC Upholds Governor's Authority to Issue COVID-19 Orders

12/23/2020[ read full story ]

The Coronavirus and Its Impact on the Workplace

03/11/2020[ read full story ]

Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

03/13/2020[ read full story ]

WEBINAR: OSHA Emergency Temporary Standard

08/05/2021[ read full story ]

Spring Webinar Series: Workplace Investigations in Today's World

5/21/21[ read full story ]

Spring Webinar Series: Paid Family Medical Leave: Are We Having Fun Yet?

04/29/2021[ read full story ]

Spring Webinar Series: What Employers Need to Know About the American Rescue Act of 2021 and the anticipated MA COVID-19 Emergency Paid Sick Leave

04/16/2021[ read full story ]

Spring Webinar Series: Should Employers Mandate Vaccinations and Mandate Remote Workers to Return to Working On Site?

03/31/2021[ read full story ]

Jessica Murphy to speak at NAWIC Webinar "A Blueprint for Construction Disputes"

2/18/2021[ read full story ]

POSTPONED: Employment Law Conference 2020

04/16/2020[ read full story ]

Employment Conference 2020

04/16/2020[ read full story ]

Jessica Murphy presents at the January NAWIC Chapter Meeting, "Electronic Signature and Record Retention"

01/22/2020[ read full story ]

David Fine to Moderate MBA CLE Panel of Experts: The Revitalization of Worcester

06/12/2019[ read full story ]

David Fine to Moderate American Bar Association Webinar

10/25/17[ read full story ]

David Fine to Present at Northeast Security Systems Contractors Expo

05/22/2015[ read full story ]

Mirick O'Connell participates in National Wear Red Day

2/6/2021[ read full story ]

Mirick O'Connell sponsors the 12th Annual UMass Winter Ball

12/4/2020[ read full story ]

Mirick O'Connell Sponsors Habitat for Humanity-MetroWest/Greater Worcester 'Women Build 2018'"

05/05/2018[ read full story ]

Mirick O'Connell Sponsors NAWIC Golf Tournament

06/14/2016[ read full story ]

Mirick O'Connell Sponsors Boroughs+ Economic Development Summit

01/26/2016[ read full story ]

Combating COVID-19-Related Fraud Starts with Training Employees

12/01/2021[ read full story ]

David Fine co-authors "The 2017 A201 Deskbook," published by the American Bar Association

9/29/17[ read full story ]

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

04/02/2014[ read full story ]

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.

A Classic Distinction Between Legal Remedies and Equitable Remedies:  1st Circuit Overturns Decades-Old Precedent On Citizen Enforcement of Clean Water Act

The First Circuit recently overturned a thirty-one year old decision on citizen enforcement of the Clean Water Act (CWA).  The now-overruled decision is North and South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991), in …

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Municipal Law:  Supreme Court Lightens Up On Standard of Review for Certain Sign Bylaws

Recently, the Supreme Court addressed a challenge from two private entities related to the constitutionality of a sign bylaw (“Bylaw”) instituted by the City of Austin (“City”).  In City of Austin v. Reagan National Advertising of Austin, LLC, et. al., …

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“A Trap for the Unwary:”  Bankruptcy Court Declares Debtor’s Homestead Deficient

In In re Luu, Danny Luu (the “Debtor”) argued that he had a homestead exemption in the amount of $324,960.00.  He argued that because he filed a homestead declaration on March 18, 2021—just two days prior to filing his Chapter …

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State’s Highest Court to Determine Scope of Dover Amendment Solar Protection in M.G.L. c. 40A

Last week, the SJC heard oral arguments for a case that is anticipated to potentially impact municipal zoning, specifically in the realm of solar energy projects.  The outcome of this case will either aid or inhibit a municipality’s ability to …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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Our Practices