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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. In Tocci Building Corp. v. IRIV Partners, LLC et al. (Nov. 19, 2020, Super. Ct. No. 19-405),
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SJC Clarifies Time Limit on Construction and Design Claims by Condominium Owners.
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 now barred 6 years after…
COVID-19 AND THE IMPACTS ON CONSTRUCTION PROJECTS: Force Majeure, Notice Obligations, the Right to Recovery, Keeping People and Places Safe, and 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 government shutdowns. Although the issues will vary based…
COVID-19 AND THE IMPACTS ON CONSTRUCTION PROJECTS: Force Majeure, Notice Obligations, the Right to Recovery, Keeping People and Places Safe, and 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 government shutdowns. Although the issues will vary based…
Was it a Design/Construction Defect or a Failure to Maintain?
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 recent case of Penn-America Insurance Company v.…
Was it a Design/Construction Defect or a Failure to Maintain?
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 recent case of Penn-America Insurance Company v.…
AG Clarifies Town’s Authority to Reject Low Bidder as Not “Responsible” Based on Outside Reference
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 for paving and catch basin work…
AG Clarifies Town’s Authority to Reject Low Bidder as Not “Responsible” Based on Outside Reference
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 for paving and catch basin work…
SJC Narrows “Strict Compliance” Rule for Construction Contracts, Finds Contractor’s False Payment Certifications Bar Recovery on Contract but Not Necessarily in Quantum Meruit
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 fiber optic network to connect the…
SJC Narrows “Strict Compliance” Rule for Construction Contracts, Finds Contractor’s False Payment Certifications Bar Recovery on Contract but Not Necessarily in Quantum Meruit
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 fiber optic network to connect the…