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Written Notice Blog
In an important and somewhat surprising decision, the Massachusetts Supreme Judicial Court (SJC) has held that the strict statutory time limits for bringing construction defect claims to court do not apply when the claim is asserted under a contractual indemnification provision. The case involved the design and construction of an […]
The Massachusetts Supreme Judicial Court (the “SJC”) recently issued an important decision in Business Interiors Floor Covering Business Trust v. Graycor Construction Co., Inc. interpreting the Commonwealth’s Prompt Pay Act. The Graycor decision is the SJC’s first foray into interpreting this statute, and it resolves an important issue under the […]
State colleges and universities in Massachusetts are authorized by law to set up foundations – private, tax-exempt entities with their own governing boards – to assist them with fundraising. Are construction projects undertaken by these foundations subject to the laws that require state contracts to undergo a competitive public bidding […]
Highlights: 1. The Prompt Pay Law changes the parties’ obligations for submitting, reviewing, approving (or rejecting), and payment of contractor invoices and overrides any conflicting contract provisions negotiated between the parties. 2. Owners—and their project managers and design professionals—must understand, and not ignore, the statutory time limits and procedures set […]
Design and construction defect claims seldom offer obvious allocations of liability. Thus, it is critical for the adjuster to have an in-depth knowledge and understanding of all concepts to be investigated. Before any analysis of the merits of the claim is performed, it is important to ensure that several critical […]
The construction industry—like many other industries—have been faced with significant challenges surrounding how to safely operate and meet project deadlines amidst daily uncertainties and strict government regulations imposed due to the COVID-19 pandemic. Adjusting to the “new normal” has forced many design and construction firms to leave behind legacy project […]