School Building Projects

Our attorneys counsel and represent public and private schools and colleges on legal issues related to school policies, labor and employment law, discrimination, student rights, school construction and project financing. We provide ongoing advice to our clients regarding federal and Massachusetts laws that affect educational administration, and we assist school administrators in effectively delivering educational services in an increasingly demanding legal environment.

Public schools are both educational institutions and employers that are subject to a myriad of state and federal laws and regulation. We take a team approach to advising and representing the firm's educational clients, which allows us to counsel them in both of these roles. We counsel schools in the complexities of disciplining students, drafting student handbooks and interpreting the Education Reform Act. We advise and represent educational institutions on student rights issues, including reviewing and revising student codes of conduct, drafting policies under the Drug-Free Schools and Communities Act, and providing advice on students' participation in athletic and other extracurricular activities.

We also represent and advise our public and private educational clients in labor and employment issues, including personnel issues, collective bargaining, grievance arbitration, unfair labor practices and the negotiation of employment agreements with school administrators.

In addition, we represent educational clients in governmental investigations and defend against charges before state and federal administrative agencies, including the Massachusetts and federal departments of education, the Massachusetts Department of Labor Relations, the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission and the U.S. Department of Labor, as well as before state and federal courts.

Massachusetts legal requirements related to public school construction, innovation and repair are complex and frequently amended. Our attorneys advise public school clients on projects ranging in scope from new school design and construction to general purchasing matters.

Practice Chair

Brian R. Falk

Brian R. Falk
Of Counsel

Todd K. Helwig

Todd K. Helwig
Partner

Open Meeting Law: Remote Participation & Proposed Definition of "Knowing" Violations

December 20, 2011[ read full story ]

(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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Trump’s Pruitt Pick for EPA Signals Greater Predictability in Environmental Rulemaking, Enforcement

President-elect Donald Trump’s team announced yesterday his selection of Oklahoma Attorney General Scott Pruitt to head the U.S. Environmental Protection Agency. The Pruitt pick is nearly as polarizing as the election itself. Pruitt describes himself as a “leading advocate against …

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What Massachusetts Employers Should Know About Recreational Marijuana

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