While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the...more
Effective March 1, 2024, the American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (AAA Rules).
The AAA Rules provide a framework for resolving...more
Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation.
Prevailing party provisions foster dispute...more
10/20/2023
/ Attorney's Fees ,
Breach of Contract ,
Fee-Shifting ,
Fees ,
Jurisdiction ,
Liquidated Damages ,
Prevailing Party ,
Project Management ,
Recordkeeping Requirements ,
Reimbursements ,
Remediation ,
RI Supreme Court ,
Settlement
Additional Insured’s Action Against Insurer Dismissed for Lack of Personal Jurisdiction -
The takeaway of this article is for you to consider updating your clients' insurance requirements to require a specific additional...more
9/27/2023
/ Additional Insured ,
Appeals ,
Dismissals ,
Endorsements ,
General Contractors ,
Indemnification ,
Insurance Contracts ,
Insurance Industry ,
Insureds ,
Personal Jurisdiction ,
Subcontractors
The Rhode Island Department of Transportation (RIDOT) filed a third-party lawsuit against a contractor’s performance bond surety (“Surety”) alleging the Surety must indemnify RIDOT for the contractor’s indemnity obligations...more
Anyone who has handled tort claims in Rhode Island, including personal injury and negligence matters, knows that the resolution of these claims is complicated by the presence of multiple defendants. These complications come...more
Every day we are reminded that we live in a digital world by looking down at our smartphones and logging onto our computers. Though the legal field is generally slow to jump on the bandwagon of new technology, the use of...more
The American Arbitration Association (“AAA”) released recommendations for AAA Construction Advocates and Arbitrators with regard to best discovery practices and tips for Construction Arbitration. See American Arbitration...more
The Federal and most state rules of civil procedure contain an offer of judgment provision. It allows a defendant to issue an “offer of judgment” to a plaintiff to settle the case. It is designed to create a pause with the...more
I know what you are thinking . . . payment provisions have ALWAYS been key components of construction projects. Owners want to understand what they are paying for and that they are not over-paying. Contractors want prompt...more
Have you ever wondered when Massachusetts’ 6-year statute of repose for defective design, planning and construction is triggered when dealing with the construction of a multi-building, multi-year condominium construction...more
Here is the fact scenario: A contractor employs certain employees that are union members or employees that have a tendency to “roam” and/or be “loaned”—i.e. the employee technically works for one entity, but also performs...more
Effective August 7, 2020, Massachusetts removed Rhode Island from one of its “Lower-Risk States” COVID Travel Exemption. This applies to Massachusetts recently imposed travel restrictions that commenced on August 1, 2020....more
For arbitrations and trials that are pending and/or are scheduled for the near term, the judges/arbitrators/counsel/parties are now confronting the decision on whether to proceed forward with conducting the proceedings...more
Non-essential private construction projects were suspended on March 31, 2020 in Massachusetts. That suspension had been in place for the construction industry until yesterday— May 18, 2020....more
5/19/2020
/ Business Closures ,
Business Interruption ,
Construction Project ,
Construction Workers ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Responsibilities ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Real Estate Development ,
Social Distancing ,
Urban Planning & Development ,
Workplace Safety
On April 14, 2020, Governor Raimondo issued the Twenty-First Supplemental Emergency Declaration — Requiring Cloth Face Masks At Work. The Order is effective Saturday, April 18 and continues through May 18, 2020....more
With most of the country on stay at home orders of some variety and court closings, parties to claims, litigation, and arbitrations are adapting quickly to virtual litigation activities that are customarily done in person. ...more
On March 31, 2020, Massachusetts Governor Baker replaced its prior list of “Essential Services” with a new list available online....more
Effective today (March 27, 2020) at midnight, New Hampshire joins various other states in closing non-essential businesses and ordering citizens to stay at home. Governor Sununu issued Executive Order #17 on March 26, 2020....more
3/27/2020
/ Business Closures ,
Business Interruption ,
Construction Project ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Executive Orders ,
Operators of Essential Services ,
Real Estate Development ,
State and Local Government ,
Urban Planning & Development
While many construction projects are advancing in a safe manner during the COVID-19 pandemic, some have been suspended by governmental order, like the Cities of Boston and Cambridge, or based upon the direction of the Owner...more
On March 25, 2020, the Massachusetts Governor’s Legal Office issued a letter to Municipal Chief Executive Officers in the Commonwealth that “provides guidance regarding the effect of the Governor’s March 23, 2020 Order...more
There is rightfully a lot of buzz in the industry about force majeure clauses. Authors are writing about how far and how much they protect contracting parties from unforeseen and uncontrollable events that cause delay....more
On March 18, 2020, the City of Cambridge announced a Temporary Emergency Construction Moratorium “Moratorium”) “on all construction activity on both public and private property until further notice” The City explained that...more
Effective March 24th at 12:00 noon, Massachusetts is closing all non-essential businesses “physical workplaces and facilities (“brick-and-mortar premises”) through April 7, 2020. ...more
On March 22, 2020, Governor Raimondo issued the Seventh Supplemental Emergency Declaration that ordered “[a]ll business service personnel that can work from home are required to do so.” The order was effective immediately...more