In a decision with significant consequences concerning the amount of time after construction during which design professionals and contractors may be liable for defective services or work, the Massachusetts Supreme Judicial...more
The Massachusetts Appeals Court has interpreted for the first time the Massachusetts Prompt Payment Act (the “Prompt Pay Law”) in the matter of Tocci Building Corporation v. IRIV Partners, LLC, et al., Nos. 21-P-393 &...more
This first known decision interpreting the statute clarifies the consequences of an Owner’s failure to properly reject applications for payment.
A recent first-of-its-kind ruling from the Massachusetts Superior Court...more
On May 18, 2020, as part of their Reopening Massachusetts Plan, Governor Baker and Lt. Governor Polito announced that all construction in Massachusetts can proceed effective immediately. However, in order to proceed with a...more
Pursuant to its update issued March 31, 2020, the Commonwealth has revised the “COVID-19 Essential Services” list significantly reducing the types of construction activities that will be permitted during the shutdown...more
Governor Baker’s office issued a guidance letter on March 25, 2020 in an attempt to resolve confusion in the Commonwealth concerning whether construction activities are essential services and may continue amid the shut-down...more
In a case closely watched by the construction industry, the Massachusetts Supreme Judicial Court ("SJC") has overturned a Superior Court’s decision barring any recovery by the general contractor G4S (the "General") from the...more
The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims. ZVI Construction Co. v. Levy, et al., 90 Mass....more
The Massachusetts Supreme Judicial Court ("SJC") recently ruled that the parties to an arbitration agreement cannot, by contract, expand the grounds upon which a court may set aside an arbitrator’s award beyond the very...more
The U.S. Supreme Court’s ruling last week in Kingdomware Techs., Inc. v. U.S. should create more opportunities for veteran-owned and service-disabled veteran-owned small businesses (collectively, "VOSBs") to win contracts...more
In a case of first impression, a Massachusetts Superior Court judge recently ruled that a general contractor, G4S ("the General"), could not recover any of its over $14M claim against a public owner MTPC ("the Owner") because...more
The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be...more
The Massachusetts Appeals Court recently overturned a trial court decision and held that a home improvement contractor was liable to the homeowners under M.G.L. c. 93A for building code violations even though the jury found...more