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Written Notice Blog
In a recent case decided by the U.S. District Court in Massachusetts, the Court held that a general contractor and its mechanical subcontractor must defend a subrogation action from the owner’s builder’s risk insurance carrier and are not protected by the anti-subrogation doctrine. In the case, Factory Mutual Insurance Company, […]
New York has passed a new law requiring the Metropolitan Transportation Authority (MTA) to debar contractors, consultants, and suppliers that fail to substantially perform their contracts for goods and services. The law, Public Authorities Law Section 1279-h, together with the implementing regulations, requires the Metropolitan Transportation Authority to establish a […]
New City of Boston Lobbying Ordinance—Applicability to Real Estate, Design, and Construction Firms
Beginning April 16, 2019, lobbyists and their clients doing business with city of Boston officials need to register under a new lobbying ordinance passed by the City Council and signed into law by Mayor Walsh in October 2018. The new regulations contain a broad definition of ‘lobbying activities’ that trigger […]
Massachusetts Governor Charlie Baker and Lieutenant Governor Karyn Polito have introduced comprehensive legislation (H.4318) to address much needed investments in climate change preparedness, water infrastructure, and other public facilities. Entitled an “An Promoting Climate Change Adaptation, Environmental and Natural Resource Protection, and Investment in Recreational Assets and Opportunity,” the bill […]
This article was originally published in Spring 2018 issue of Under Construction, the Newsletter of the ABA Forum on Construction Law. Over the past two decades, the use of third-party owner’s representatives has been steadily growing in all segments of the construction industry. Given their central role on the owner’s […]
One of the notable Massachusetts construction cases of 2017 will surely be Central Ceilings v. Suffolk Construction. This decision is important because the Court set aside a common and generally enforceable contractual no-damages-for-delay clause and, in doing so, distinguished between “delay damages” and “additional costs incurred to avoid delay.” Because […]