Christopher Sweeney | Conn Kavanaugh 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.[1] So, for example, if a worker suffers a jobsite injury as a result of an architect’s design defect, the worker’s claim against the architect is… Continue reading Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is Not Barred by the Statute of Repose
Explaining Standard of Care in Construction Disputes
Ben Daee | J.S. Held Setting the Stage for Construction Litigation Support The scale and complexity of construction projects often lead to a different outcome than expected, creating a dispute between the parties. Many construction disputes boil down to the question of whether a practitioner met the standard expected in that circumstance. The experience and… Continue reading Explaining Standard of Care in Construction Disputes
The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Catherine Moronski | Robinson + Cole Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. To reconcile these differences, Massachusetts courts have historically looked to the “gist” of a given claim, rather than the label, to assess… Continue reading The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Why Client Input Matters In Construction Contracts
Glenn M. Azzinari | A.Y. Strauss When a client asks their attorney to draft or negotiate a construction contract for work at one of the client’s buildings, the request might seem like a one-sided, attorney-driven assignment. However, the most successful contracts result from a true partnership between attorney and client. While attorneys play a critical… Continue reading Why Client Input Matters In Construction Contracts
Mold, Water Damage & Fire Claims: The ‘Excluded Perils’ Clause That Can Ruin Your Payout
Eduardo A. Maura | Ayala Law Dealing with property damage is stressful enough. Whether it’s mold creeping through your walls, water damage from a busted pipe, or the aftermath of a fire, homeowners and property owners turn to insurance to help them recover. But then comes the surprise: the insurance company denies your claim, citing… Continue reading Mold, Water Damage & Fire Claims: The ‘Excluded Perils’ Clause That Can Ruin Your Payout