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:
Jonathan Sigel quoted in Boston.com, "What benefits are required for summer employees?"[ read full story ]
Amanda Baer quoted in UNLEASH article, "Should employers cut sick pay for the unvaccinated?"[ read full story ]
Worcester Business Journal Recognizes Mirick O'Connell as "Best Law Firm" for Business[ read full story ]
Happy New Year from Mirick O'Connell[ read full story ]
Dave Fine quoted in Construction Dive article, "The Dotted Line: Supply chain woes lead to possible breach, defect claims"[ read full story ]
e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Benefits Extended[ read full story ]
e-Alert: What Employers Need to Know about President Biden's "Path Out of the Pandemic" COVID-19 Action Plan[ read full story ]
Amanda Baer was quoted in the ConstructionProNet article "The Dotted Line: How to Navigate Vaccine Mandates"[ read full story ]
PODCAST: Jonathan Sigel discusses the MA Paid Family and Medical Leave[ read full story ]
PODCAST: Anthony DaSilva discusses Protecting Employee Retirement Plans from Cyberattacks[ read full story ]
Amanda Baer was quoted in Ragan's Workplace Wellness Insider article "5 Issues Every Organization Should Consider in Planning Their Return to Work[ read full story ]
PODCAST: Reid Wakefield discusses Massachusetts Emergency COVID-19 Paid Sick Leave[ read full story ]
Jessica Murphy quoted in the Millbury-Sutton Chronicle article "Judge Mulling Injunction that Would Shut Down The Care Factory"[ read full story ]
e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Updated Guidance and Resources[ read full story ]
PODCAST: Ken Pickering discusses Preventing, Detecting and Responding to Employee Fraud[ read full story ]
e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Employer Guidance[ read full story ]
Reid Wakefield quoted in Forbes article "What the EEOC's Updated Covid Guidelines Mean for Business Leaders"[ read full story ]
Amanda Baer interviewed by Spectrum News 1 "Back to the Office: What Employers and Employees Can Expect with a Return to Work"[ read full story ]
Amanda Baer quoted in Workest by Zenefits article "Can Small Businesses require COVID Vaccines in the Workplace?"[ read full story ]
e-Alert: COVID-19 and Masks: Updated Guidance from OSHA and Massachusetts[ read full story ]
e-Alert: COVID-19 and Masks: Should Employers Continue to Require Masks in the Workplace?[ read full story ]
Brian Casaceli quoted in LegalZoom "Vaccinations, Masks, and Small Business Rights"[ read full story ]
Best Lawyers release the 2021 Edition of Best Lawyers in New England[ read full story ]
Kim Rozak quoted in Telegram, "Can employers mandate vaccine? Experts discuss strategies to maintain workforce health and safety in the era of COVID-19"[ read full story ]
PODCAST: Amanda Baer discusses American Rescue Plan Act and FFCRA[ read full story ]
PODCAST: Jessica Murphy discusses Women in Construction Week March 7-14, 2021[ read full story ]
David Surprenant was quoted in Telegram & Gazette article "Mirick O'Connell signs 10-year lease renewal with Mercantile Center in downtown Worcester"[ read full story ]
PODCAST: Amanda Baer discusses Massachusetts Commission Against Discrimination Claims[ read full story ]
28 Mirick O'Connell Attorneys Named to 2020 Super Lawyers and Rising Stars List[ read full story ]
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.[ read full story ]
PODCAST: Allen Falke discusses Estate Planning Techniques in a Low Interest Rate Environment[ read full story ]
PODCAST: Chris Collins discusses the Benefit of Serving in the Community[ read full story ]
PODCAST: John Shea discusses Mediation in Divorce Cases[ read full story ]
e-Alert: Federal Court in New York Strikes Down Parts of the Department of Labor's Regulations Interpreting the Families First Coronavirus Response Act[ read full story ]
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?[ read full story ]
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[ read full story ]
PODCAST: Reid Wakefield discusses Fair Housing and Housing Discrimination in Massachusetts | Recorded 6.10.20[ read full story ]
e-Alert: New PPP Flexibility Act Extends Forgiveness Period and Maturity Date Among other Benefits[ read full story ]
We Stand in Solidarity: A message to our clients and our community.[ read full story ]
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[ read full story ]
e-Alert: Update on COVID-19 Workplace Health and Safety Enforcement by OSHA and the Massachusetts Attorney General[ read full story ]
Webinar: Reopening Massachusetts What Employers Need to Know About Phase 1: Start[ read full story ]
PODCAST: Bob Kilroy discusses issues employers may face upon re-entry into the workplace during the COVID-19 Pandemic | Recorded 5.15.20[ read full story ]
E-Alert: Considerations for Employers Resuming On-Site Operations During COVID-19[ read full story ]
e-Alert: Treasury Department issues New Guidance on "Necessity" Certification for PPP Loan Recipients[ read full story ]
PODCAST: Jonathan Sigel discusses re-entry into the workplace after the COVID-19 pandemic[ read full story ]
David Fine quoted in Worcester Business Journal's article "Real estate industry reacting to short- and long-term consequences of pandemic"[ read full story ]
PODCAST: Rich Van Nostrand discusses Diversity & Inclusion[ read full story ]
PODCAST: Dave Fine discusses "COVID-19: Impact on Construction" | Recorded 4.17.20[ read full story ]
PODCAST: Mike Refolo discusses Navigating your Business During COVID-19[ read full story ]
e-Alert: Employee Benefits Tax Relief under the CARES Act[ read full story ]
PODCAST: Nick Anastasopoulos discusses employer-union relations during COVID-19[ read full story ]
WEBINAR: Latest DOL Guidance regarding Families First Act[ read full story ]
PODCAST: Amanda Baer talks about the Emergency Sick Leave Act (3.25.20)[ read full story ]
e-Alert: Tax Extension/ DOL Releases Poster of Employee Rights/Impact on Construction Industry[ read full story ]
e-Alert: Long-term Care and Estate Planning/ Coronavirus Impact on the Workplace/ Construction Industry[ read full story ]
Mirick O'Connell recognized as "Best Law Firm" for business by Worcester Business Journal[ read full story ]
Jonathan Sigel interviewed by NECN - How to Prepare for Mass Equity Pay Law[ read full story ]
Mirick O'Connell Ranked Largest Law Firm in Central MA[ read full story ]
Mirick O'Connell Voted Best Law Firm For Business[ read full story ]
Jessica Murphy Receives Extraordinary Leader Award[ read full story ]
Mirick O'Connell Voted Best Law Firm[ read full story ]
Mirick O'Connell Featured in Worcester Telegram[ read full story ]
Worcester Chamber Salutes Mirick O'Connell on 100 Years of Excellence[ read full story ]
Mirick O'Connell Celebrates 100th Anniversary![ read full story ]
David Fine to Present Construction Contract Workshop[ read full story ]
David L. Fine Elevated to Partner[ read full story ]
14 Attorneys selected for inclusion in The Best Lawyers in America[ read full story ]
Jessica Murphy Profiled by MetroWest Daily News[ read full story ]
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 1012/20/2021[ read full story ]
OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) - Temporarily Blocked11/08/2021[ read full story ]
e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Benefits Extended10/1/2021[ 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 Plan9/14/2021[ read full story ]
COVID-19 Mandates in the Workplace04/21/2021[ read full story ]
DOL Publishes Model Notices for COBRA Subsidies4/9/2021[ read full story ]
Extension of 2020 Massachusetts Tax Return Filing and Payment03/22/2021[ read full story ]
Extension of 2020 Federal Tax Return Filing and Payment03/19/2021[ read full story ]
American Rescue Plan Act of 2021 Contains New COBRA Subsidies03/16/2021
American Rescue Plan and Paid Leave: What Employers Need to Know03/12/2021[ read full story ]
e-Alert: New Gathering and Capacity Restrictions Effective December 26; SJC Upholds Governor's Authority to Issue COVID-19 Orders12/23/2020[ read full story ]
The Coronavirus and Its Impact on the Workplace03/11/2020[ read full story ]
Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency03/13/2020[ read full story ]
WEBINAR: OSHA Emergency Temporary Standard08/05/2021[ read full story ]
Spring Webinar Series: Workplace Investigations in Today's World5/21/21[ 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 Leave04/16/2021[ 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 202004/16/2020[ read full story ]
Employment Conference 202004/16/2020[ 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 Worcester06/12/2019[ read full story ]
David Fine to Moderate American Bar Association Webinar10/25/17[ read full story ]
David Fine to Present at Northeast Security Systems Contractors Expo05/22/2015[ read full story ]
Mirick O'Connell participates in National Wear Red Day2/6/2021[ read full story ]
Mirick O'Connell sponsors the 12th Annual UMass Winter Ball12/4/2020[ 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 Tournament06/14/2016[ read full story ]
Mirick O'Connell Sponsors Boroughs+ Economic Development Summit01/26/2016[ read full story ]
Combating COVID-19-Related Fraud Starts with Training Employees12/01/2021[ read full story ]
David Fine co-authors "The 2017 A201 Deskbook," published by the American Bar Association9/29/17[ read full story ]
David Fine Authors Chapter of ABA Book, "Construction Subcontracting, A Comprehensive, Practical and Legal Guide"04/02/2014[ read full story ]
- 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 …[ load webpage to read more ]
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., …[ load webpage to read more ]
“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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
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 …[ load webpage to read more ]