The Punch List


Knotweed Case Breaks New Ground

by Marissa Grenon Gutierrez, Paul Kominers

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

Pay Now, Argue Later: Appeals Court Affirms Strict Interpretation of Prompt Pay Act

by Jonathan T. Elder, Nina L. Pickering-Cook

On June 7, 2022, the Massachusetts Appeals Court affirmed a strict reading of the Prompt Pay Act, G. L. c. 149, § 29E (the “Act”) in Tocci Building Corp. v. IRIV Partners, LLC, Case Nos. 21-P-393 & 21-P-733.  That case and its background were featured in a prior Punch… READ MORE

Owners Beware: Failure to Strictly Comply with Prompt Pay Act May Cost You

by Jonathan T. Elder, Nina L. Pickering-Cook

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

SJC Clarifies Time Limit on Construction and Design Claims by Condominium Owners.

Anderson & Kreiger

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

COVID-19 AND THE IMPACTS ON CONSTRUCTION PROJECTS: Force Majeure, Notice Obligations, the Right to Recovery, Keeping People and Places Safe, and More….

by Jonathan T. Elder

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

Was it a Design/Construction Defect or a Failure to Maintain?

by Nina L. Pickering-Cook

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

AG Clarifies Town’s Authority to Reject Low Bidder as Not “Responsible” Based on Outside Reference

by Jonathan T. Elder

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

California Public Utility Gets Hit with $45 Million Verdict for Delays to Power Plant Contractor

by Jonathan T. Elder

  image credit: jvoves On June 4, after two years of litigation, a California jury ordered the Los Angeles Department of Water and Power (the “Department”) to pay a power plant contractor $45 million for delays and related damages the contractor suffered in connection with a project to construct… READ MORE

SJC Narrows “Strict Compliance” Rule for Construction Contracts, Finds Contractor’s False Payment Certifications Bar Recovery on Contract but Not Necessarily in Quantum Meruit

by Jonathan T. Elder

  image credit: Trevor King The Massachusetts Supreme Judicial Court this week handed down a ruling with wide-ranging implications for contractors and owners alike.  The case involved a dispute between G4S Technology LLC (“G4S”) and Massachusetts Technology Park Corporation (“MTPC”), a state development agency charged with building a 1,200-mile… READ MORE