Archives: Massachusetts

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Note to “Additional Insureds” Relying on Builders’ Risk Insurance: Federal Court Decision Evaluates Extent of Coverage

The United States District Court for the District of Massachusetts has provided construction project owners, developers, general contractors, sub-contractors, suppliers, and vendors with a helpful reminder about obtaining effective additional insurance coverage on construction projects. In Factory Mut. Ins. Co. v. Skanska United States Bldg., No. 18-cv-11700-DLC, 2020. U.S. Dist. LEXIS 95403, the District Court … Continue Reading

Massachusetts Construction Litigation Scheduled to Get Back on Track

With the issuance of a revised order by the Massachusetts Supreme Judicial Court (SJC) dated May 26, 2020, construction litigation in Massachusetts is poised to re-start in earnest after July 1, 2020. As the SJC stated in its Order, “unless there is a new surge in COVID-19 cases in the Commonwealth,” the de facto pause … Continue Reading

Massachusetts Construction Projects May Reopen Immediately, Governor Announces; Boston to Follow May 25th

This post was published by High Profile magazine on May 27, 2020. Governor Charlie Baker announced today that all construction projects in Massachusetts may reopen immediately, provided contractors and owners comply with new safety guidelines and compliance documentation requirements. These new requirements include, but are not limited to, the following:… Continue Reading

Boston Issues New COVID-19 Guidelines Applicable to All City-Permitted Projects

In an effort to prepare to restart construction on suspended projects after imposing pandemic-related restrictions on construction deemed nonessential, the City of Boston recently issued its revised “Temporary Guidance for Construction in the City of Boston,” which took effect on April 27, 2020. Last week, the City indicated that this new policy is effective for … Continue Reading

Ongoing Impacts of the Coronavirus Pandemic on Construction Projects in Major Markets

As we began to describe on March 18, the economic impacts of the ongoing coronavirus/COVID-19 pandemic on the construction industry are becoming more severe as the pandemic continues and spreads. Substantial uncertainty remains, however – as of the date of this post, the “peak” of the pandemic in New York, Connecticut, and Massachusetts is expected … Continue Reading

Harsh Consequences for Contractor’s False Payment Certifications in Massachusetts

On most construction projects, a project owner will require the contractor to certify that it has fully paid each of its subcontractors as a condition to the owner making  payment to the contractor.  The purpose of these certifications is to ensure timely payment to all subcontractors and to protect the owner from claims or liens … Continue Reading

Bill Proposed in Massachusetts to Establish “Public Construction Surety Bond State Guarantee Fund” Requiring Chapter 149A Sureties to Specially Register and Pay a $10,000 Annual Fee

Sureties writing public construction bonds under Chapter 149A in the Commonwealth of Massachusetts should pay close attention to Mass. Bill No. 3889, which seeks to create a Public Construction Surety Bond State Guarantee Fund.  The Fund would guarantee payment to claimants who have obtained judgment on their claims in a court of competent jurisdiction where … Continue Reading

The Massachusetts Retainage Act: A Game-Changer for the Construction Industry?

The private construction game has very recently changed in Massachusetts. Late last year, the new Massachusetts Retainage law took effect. The new law applies to certain private construction contracts executed after November 6, 2014, and impacts not just the amount of retainage that a construction stakeholder may withhold, but also mandates some very specific processes related … Continue Reading
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