- Represented a municipality in complying with the 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.
- 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.
- Represented a regional sewage treatment plant in review and approval of construction contract documents for a major renovation and expansion project.
Title Defect? Here’s How to Keep Your Deal on Track
You are under contract to sell a commercial or residential property and your attorney tells you two weeks prior to closing that the buyer’s title search has revealed a title defect. While there is a large array of issues that …[ load webpage to read more ]
Short-Term Rental Law Takes Effect July 1st
Governor Baker recently signed “An Act Regulating and Insuring Short-Term Rentals”, imposing new taxes, registration and inspection requirements, and other rules governing the short-term rental of homes and residential units through Airbnb, VRBO, and similar platforms. Overview: The new law …[ load webpage to read more ]
Recovery of Attorney’s Fees and Costs in Construction Disputes
When construction projects become construction disputes, contractors and suppliers start thinking about how to recover their attorney’s fees and other legal costs. Massachusetts follows the “American Rule” for recovery of legal expenses that states each party must pay their own …[ load webpage to read more ]
Construction Insurance: Game of Risk
Construction work is risky by nature. Common risks include natural disasters, inclement weather, flood or fire, accidents t hat cause property damage or bodily injury, and the failure of one or more parties to perform their designated responsibilities, resulting in …[ load webpage to read more ]
A Landfill Is Not a “Point Source” Under the Clean Water Act, So Says the 4th Circuit and D.Mass.
Two recent rulings address the issue of whether a landfill is a “point source” under the Clean Water Act, 33 U.S.C. § 1251 et seq. (CWA), Sierra Club v. Virginia Electric et al and Toxics Action Center et al v. …[ load webpage to read more ]
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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
(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 …[ load webpage to read more ]
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 …[ load webpage to read more ]
Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana
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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, …[ load webpage to read more ]
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 …[ load webpage to read more ]