Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use. So, for example, if a worker suffers a jobsite...more
5/8/2025
/ Architects ,
Breach of Contract ,
Commercial Insurance Policies ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Interpretation ,
Damages ,
Indemnification ,
Insurance Industry ,
Statute of Repose ,
Summary Judgment ,
Workplace Injury
“Acme General Contracting, LLC: Licensed and insured!”
If you’ve ever retained a home-improvement contractor, you’ve almost certainly received enthusiastic assurances that he or she is “licensed and insured.” But what...more
First Circuit Court of Appeals Rules That Standard Commercial General Liability Policy Excludes Coverage for Downstream Property Damage When General Contractor’s Scope of Work Covers Entire Building -
It is well-accepted...more
1/28/2025
/ Appeals ,
Commercial General Liability Policies ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Contractors ,
Denial of Insurance Coverage ,
General Contractors ,
Insurance Claims ,
Insurance Litigation ,
Liability ,
Property Damage
With the exception of those living under rocks, construction professionals are well aware of the recent spate of litigation about the Massachusetts Prompt Pay Act. In 2022, the Massachusetts Appeals Court interpreted the Act...more
1/24/2025
/ Arbitration ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
MA Supreme Judicial Court ,
Prompt Payment ,
State and Local Government ,
Subcontractors
In a business where time is money, large construction projects – at least those that are properly managed – proceed at a feverish pace. To keep up, project managers up and down the chain are often forced to communicate with...more
Imagine the following. A developer consults with an architect in 2020 about a six-building condominium project. The architect promptly produces a set of plans, which are stamped by an engineer. Over the next three years, the...more
As public health measures slow the spread of COVID-19, the Commonwealth and its municipalities have begun to ease restrictions on commercial activity, including construction. But it’s far from business as usual on job sites....more
6/3/2020
/ Construction Industry ,
Contractors ,
Coronavirus/COVID-19 ,
Governor Baker ,
Health and Safety ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Reporting Requirements ,
Social Distancing ,
State and Local Government ,
Workplace Safety
On Monday, March 9, we dusted off the weekend cobwebs, packed ourselves into commuter trains and buses, and headed to work or school like we always do. Most of us viewed COVID-19 as a distant public-health aberration, just...more
In response to the public-health crisis caused by the spread of COVID-19, Mayor Walsh has ordered all construction activity halted in Boston, effective March 17, 2020. The order carves out exceptions for emergency utility...more
The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more
2/11/2020
/ Cause of Action Accrual ,
Condominium Associations ,
Condominiums ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Land Developers ,
Land Owners ,
MA Supreme Judicial Court ,
Negligent Construction ,
Property Improvements ,
Question of Law ,
State Law Tort Claims ,
Statute of Repose ,
Substantial Completion
As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more
6/14/2019
/ Appeals ,
Common Areas ,
Condominium Associations ,
Condominiums ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Deed of Trust ,
Default ,
Easements ,
Foreclosure ,
Lenders ,
Mortgage Interest ,
Property Owners ,
Real Estate Development ,
Reservation of Rights ,
Right of Access