Construction Law

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Mirick O’Connell’s Construction Law Group serves a broad variety of industry professionals. We represent owners, developers, design professionals, lenders, general contractors, construction managers, subcontractors, suppliers, and manufacturers in all phases of construction, from initial planning to project completion. Whether you are building, developing, planning, designing, or managing, we can help you achieve your business goals in a successful and cost effective manner. Our group includes land use attorneys, corporate and finance attorneys, litigators, and labor and employment attorneys. Many of our attorneys have technical backgrounds. We are active in local, regional, and national trade and civic organizations. Our goal is always to provide the best value for our clients by obtaining successful results at a reasonable cost.

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

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

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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 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 ]

The New Massachusetts Clean Energy Bill: Solar Advocates Left Waiting for the Next Installment

On July 31, 2018, the final day of its formal session, the Massachusetts legislature passed H. 4857, An Act to Advance Clean Energy, which Governor Baker signed into law on August 9. The bill represents several important steps forward in …

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Zoning Appeal Plaintiff Must Prove Standing, Even if Defendant Town Does Not Contest Issue at Trial

On Tuesday, the Appeals Court issued its opinion in Talmo v. Zoning Board of Appeals of Framingham.  Massachusetts suffers no shortage of case law on standing (the right to file suit) in zoning appeals.  In this case, the issue was …

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(Reluctantly) Open for Business: Momentum Gathering for Expanded Use of Continuous Operations Clauses

Two recent court decisions may embolden commercial landlords to use a familiar lease provision in an unusual way when responding to tenants seeking to close their business operations before the end of the lease term. Continuous operations clauses are common …

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Construction Defect Claims and the Often Misunderstood Application of Express and Implied Warranties

A claim for breach of construction warranty must be filed within the time allowed by the applicable statutes of limitation or repose.  Most jurisdictions, including Massachusetts, allow parties to modify that period by agreement.  The agreement must be particular and …

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Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

Originally posted on

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New 2017 AIA Documents Released – Are You Prepared?

The construction contracts created by American Institute of Architects (“AIA”) have, for several decades, been established as the industry standard for contract forms.  There exist AIA forms for every imaginable project relationship and delivery method.  Every ten years or so, …

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Enforcing “No-Damage-for-Delay” Clauses: A Potential Landmark Construction Law Decision from the Massachusetts Appeals Court

A recent decision from the Massachusetts Appeals Court is likely to have a substantial impact on construction contract and claims practice in the Commonwealth.  The Massachusetts State College Building Authority (“MSCBA”) hired Suffolk Construction Company, Inc. (“Suffolk”) to serve as …

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A Modern Take on the Antiquities Act of 1906

During the waning days of his administration, President Obama used the Antiquities Act of 1906 (16 USC 431-433) (“Act”) to create expansive national monuments on land and at sea.  According to the National Park Service, he established 34 national monuments …

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What Does It Mean To Purchase An Additional Insured Endorsement?

In the construction industry, it is standard for ‘upstream’ parties to require ‘downstream’ parties to purchase and maintain general liability insurance coverage, at varying limits, and to obtain an endorsement adding all or most ‘upstream’ parties as ‘additional insureds’ under …

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Update on St. John’s Holdings, LLC.  v. Two Electronics, LLC

On October 24th, 2016, the Massachusetts Land Court revised its ruling in St. John’s Holdings, LLC. v. Two Electronics, LLC  (2016 WL 1460477 (2016).  The underlying case (the subject of a prior blog article) involved electronic communication and the Statute …

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Deadline for Owners of Single Wall Steel Tanks Looming

by Joseph S. Campisi, President, Corporate Environmental Advisors, Inc. The Massachusetts Department of Environmental Protection (“MassDEP”) promulgated underground storage tank (UST) regulations on January 2, 2015 that replaced the Massachusetts Department of Fire Service (“DFS”) regulations at 527 CMR 9.00. …

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A Turn of Events for Worcester’s Former County Courthouse

The former Worcester County Courthouse at 2 Main Street was supposed to be converted into residential housing units and retail space after the City reached an agreement in March 2015 to sell it to Brady Sullivan Properties, LLC, a New …

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