Written Notice Blog
A blog about news and trends in construction law, capital project delivery, and the A/E/C industry.
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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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, […]
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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 […]
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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 […]
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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 […]
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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 […]
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