This week, the Supreme Judicial Court issued a stunning decision in the construction field by finding that the state’s six-year Statute of Repose (G.L. c. 260, § 2B) that bars torts claims does not, in fact, bar a claim after the six-year mark for express indemnification under an architect’s contract. READ MORE
The Massachusetts Superior Court recently issued a decision that will strike fear into the hearts (and wallets) of owners and upstream general contractors alike. In J.C. Cannistraro, LLC vs. Columbia Construction Co. (“Cannistraro”), the court issued a stunningly strict interpretation of the Massachusetts Prompt Pay Act, G.L. c. 149, §… READ MORE
According to a decision issued by the SJC last week, owners and general contractors must pay subs for all unpaid invoices in order to preserve common-law defenses in payment dispute cases. The decision adds “meaningful consequences” to a party’s failure to comply with the Massachusetts Prompt Pay Act. The… READ MORE
Earlier this year, jurors awarded two homeowners $186,000 in damages caused in part by a developer’s failure to disclose the presence of an invasive plant on their property. The homeowners had brought a single-family home in a new development in Pepperell. Unbeknownst to them, before their lot was graded, a… READ MORE
Owners and their project representatives need to strictly adhere to the Massachusetts Prompt Payment Act’s requirements or risk losing their right to dispute payments to contractors, according to a new Superior Court decision. READ MORE
In D’Allessandro v. Lennar Hingham Holdings, LLC, SJC-12891, 2020 WL 6438937 (Mass. Nov. 3, 2020), the Supreme Judicial Court held that the statute of repose starts running more quickly for litigants in condominium developments than previously established. All claims against contractors, designers, or engineers of such condominiums are… READ MORE
Image by Vektor Kunst iXimus from Pixabay The rapid onset of the novel Coronavirus (COVID-19) is impacting every sector of the economy, and posing special challenges for construction projects as Owners and contractors face the prospect of workforce shortages, supply chain backups, workplace safety concerns, and even… READ MORE
Appeals Court Decides This Could Make a Big Difference. Those involved in construction litigation take note – the Appeals Court has clarified that the Statute of Repose, which bars design and construction claims after 6 years, does not apply to claims for failure to maintain equipment. In the… READ MORE
image credit: igorstevanovic A recent bid protest decision from the Office of the Attorney General’s Bid Protest Unit (AG) provides guidance on the limits of a municipality’s discretion to reject a bid based on negative references obtained from outside of the bidder’s proposal. The AG’s decision involved a procurement… READ MORE