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
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
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
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
State governments are issuing orders suspending the full or partial operations of “non-essential” or “non-life-sustaining” businesses. At the time of writing this post, these states include Nevada, Pennsylvania (Order of PA...more
There are increasing reports that some subcontractors have decided to suspend operations during the COVID-19 outbreak. The subcontractors made this difficult decision even though the construction projects for which the...more
The day-to-day professional and personal impact of the COVID-19 pandemic is substantial. The global event will have dozens of common legal implications that we will address in this blog over the coming days, but for now I...more
Below is the City of Boston’s Press Release suspending all regular activity at construction sites in Boston as of today – March 17, 2020. Sites need to be made safe by March 23, 2020. Policy will be revisited in two weeks....more
3/18/2020
/ Business Interruption ,
China ,
Construction Project ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Workplace Safety
Last week, John Bulman and I attended the National Construction Dispute Resolution Committee’s (NCDRC) Annual Meeting in Washington, DC. The NCDRC is an advisory committee formed by the American Arbitration Association (AAA)...more
Mechanic’s lien claims are complex in that each state’s statutes differ dramatically. There are certain unique issues when a contractor seeks to commence a mechanic’s lien proceeding for improvements made to a condominium....more
The workers’ compensation statute in many states provides that the workers’ compensation benefits received by an injured employee is the employee’s exclusive remedy. The benefits are paid based on a no-fault basis and the...more
10/22/2019
/ Construction Contracts ,
Construction Project ,
Contract Terms ,
Exclusive Remedy ,
Indemnity ,
Negligence ,
Personal Liability ,
Statutory Immunity ,
Unenforceable Contract Terms ,
Waivers ,
Workers Compensation Awards ,
Workplace Injury
Complex construction projects have many moving parts and numerous stakeholders. Each project often contains its own unique challenges and obstacles. Finding the right solution does not often come by trying to utilize a...more