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MA Appeals Court: Contractor's Pay Applications Deemed Approved for Owner's Failure to Comply with Prompt Pay Law

The Massachusetts Appeals Court has interpreted for the first time the Massachusetts Prompt Payment Act (the “Prompt Pay Law”) in the matter of Tocci Building Corporation v. IRIV Partners, LLC, et al., Nos. 21-P-393 &...more

Trial Court Strictly Construes Massachusetts Prompt Pay Law Against Owner

This first known decision interpreting the statute clarifies the consequences of an Owner’s failure to properly reject applications for payment. A recent first-of-its-kind ruling from the Massachusetts Superior Court...more

Massachusetts Allows All Construction to Proceed Effective May 18, 2020, Provided There's Compliance with Mandatory Safety...

On May 18, 2020, as part of their Reopening Massachusetts Plan, Governor Baker and Lt. Governor Polito announced that all construction in Massachusetts can proceed effective immediately. However, in order to proceed with a...more

Governor Baker's 3-31-20 Order Narrows Definition of Essential Services to Limit Permitted Construction Activities

Pursuant to its update issued March 31, 2020, the Commonwealth has revised the “COVID-19 Essential Services” list significantly reducing the types of construction activities that will be permitted during the shutdown...more

Massachusetts COVID-19 Response: Governor Baker Issues Guidance for Construction as “Essential Services”

Governor Baker’s office issued a guidance letter on March 25, 2020 in an attempt to resolve confusion in the Commonwealth concerning whether construction activities are essential services and may continue amid the shut-down...more

Contractor's Intentional and Material Breach of Contract Does Not Automatically Bar Claim For Work Performed

In a case closely watched by the construction industry, the Massachusetts Supreme Judicial Court ("SJC") has overturned a Superior Court’s decision barring any recovery by the general contractor G4S (the "General") from the...more

Construction Law Group News: Home Improvement Contractor Liable Under Consumer Protection Act for Building Code Violations Despite...

The Massachusetts Appeals Court recently overturned a trial court decision and held that a home improvement contractor was liable to the homeowners under M.G.L. c. 93A for building code violations even though the jury found...more

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