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Our readers may recall that Public Act No. 15-28 was signed by the Governor back in 2015, subjecting the State of Connecticut and its political subdivisions to a statute of limitations for asserting actions and claims arising out of “construction-related work.” The law became effective as of October 1, 2017. “Construction-related work” is defined in the Act to include the design, construction, construction management, planning, construction administration, surveying, supervision, inspection or observation of construction of improvements to real property. Notably, it applies not only to the State, but also its subdivisions such as cities, towns, and other entities like school districts.

The limitations period set forth in the Act is 10 years from the date of substantial completion of a given improvement. The 10 year limitations period applies going forward to improvements to real property substantially completed on or after October 1, 2017. For improvements substantially completed before October 1, the limitations period runs to October 1, 2027. Prior to the Act, the State and its political subdivisions were generally not subject to any statutes of limitations for such claims due to the legal doctrine of nullum tempus occurrit regi, which provides that a state is not subject to statutes of limitations unless it specifically consents to be. Literally translated, it means that “no time runs against the king.”…
Continue Reading Tic Toc Tic Toc: The Clock Is Running on Construction and Design Claims by the State of Connecticut Beginning October 1, 2017

On July 28, 2017 Governor Baker approved a home rule petition proposed by Mayor Walsh which changed a Massachusetts law so that a skyscraper could be built over the Winthrop Square garage in Boston, Massachusetts. Obtaining the Governor’s approval of House Bill 3749 was a tremendous challenge that the developer, Millennium Partners has now overcome moving one step closer to the construction of the project.

The incumbent Secretary of State, William Galvin, who also serves as chair of the Massachusetts Historical Commission urged the Governor to veto the bill stating in a July 24, 2017 letter: “It is the conclusion of the Massachusetts Historical Commission that the construction of this building at its proposed height would do great damage to historic buildings included on the National and State Registers of Historic Places, including the State House, public parks, and private residences.”…
Continue Reading What’s Next for the Winthrop Square Development Project?

There has been a law on the books in Massachusetts since 1990 restricting the construction of tall buildings that would cast what some might view as unsightly shadows over the Boston Common and Public Garden.  With no open space remaining for ground up construction in downtown Boston, developers are looking build a 775 foot residential tower that undoubtedly would cast a shadow over the Common and Public Garden in violation of that law; and are thus seeking to change the law.  On June 27, 2017, Massachusetts legislators delayed a vote to waive the law. William Galvin, incumbent  Massachusetts Secretary of State, asked lawmakers to delay their vote by two weeks so that his office can study the legislation. Secretary Galvin also oversees the Massachusetts Historic Commission.

The proposed 775-foot tower was named by the developer Winthrop Square. According to the Friends of the Public Garden, a park nonprofit advocacy group,  the tower, if built would violate the existing shadow laws for 264 days of the year on the Boston Common and 120 days on the Public Garden.
Continue Reading A Shadow Cast Over Boston’s Building Boom

In response to the third largest construction boom in Boston’s history, on November 28, 2016 Mayor Martin J. Walsh announced a proposal to increase employment standards for the Boston Residents Jobs Policy (“BRJP”) and Boston Employment Commission (“BEC”).[1] These proposed amendments are part of Mayor Walsh’s commitment to promote economic development for Boston residents, persons of color and women. The Mayor maintains that, “The success of Boston’s growing economy relies upon our ability to open the doors of opportunity to all residents, and remove barriers causing economic inequity throughout our city.”[2]

In response to the mid-eighties construction boom in Massachusetts[3], Chapter 30 of the Ordinance of 1983 established the BRJP. In 1985, Mayor Raymond L. Flynn issued an Executive Order entitled The Executive Order Extending the Boston Residents Jobs Policy, which set forth specific employment standards[4] on federally assisted, city sponsored and privately funded development projects within the City of Boston limits.[5] In 1985 and until January 24, 2017, the employment standards were as follows:…
Continue Reading Amended Ordinance Expands Boston Residents Job Policy for Certain Projects in the City of Boston and Provides for Sanctions Against Non Complying Developers or Contractors — Effective January 25, 2017