Catherine Maronski | Construction Law Zone Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving… Continue reading Massachusetts Construction Industry Continues To Wait While Prompt Payment Law Is Put To The Test
Tag: construction
He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk
Curtis W. Martin and Cornelius Banta, Jr. | ConsensusDocs “We do not follow maps to buried treasure, and X never, ever marks the spot.” That’s the advice that Indiana Jones offered in the Last Crusade film. But what’s beneath the surface isn’t just important to adventure archaeologists. It has real-world application to our industry, where success depends on… Continue reading He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk
Recovering Unlawful IEEPA Tariffs: What Government Contractors Need to Know
Aron C. Beezley, Nathaniel J. Greeson and Winni Zhang | BuildSmart On February 20, 2026, the U.S. Supreme Court issued a landmark decision in Learning Resources, Inc. v. Trump, holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose tariffs. The ruling invalidated a broad set of tariffs imposed by… Continue reading Recovering Unlawful IEEPA Tariffs: What Government Contractors Need to Know
Holding Subcontractors to Their Bid: The Doctrine of Promissory Estoppel
John Mark Goodman and Joe Mack Curry II | BuildSmart Most legally enforceable contracts are formed the old-fashioned way: offer and acceptance. Courts will sometimes enforce promises without traditional offer and acceptance where one party has justifiably relied on the other party’s promise. This alternative route to contract formation is called promissory estoppel. While the law varies from… Continue reading Holding Subcontractors to Their Bid: The Doctrine of Promissory Estoppel
The Borrowed Servant Rule: Liability Risks for Contractors and Owners
Casey Few and Jeffrey Nix | Clark Hill Contractors – of all tiers – are often surprised to learn they may be considered a “special employer” of individuals who actually work for independent third parties—such as temporary staffing agencies or equipment rental companies—on their projects. Even more surprising, contractors (including owners who self-perform) can be… Continue reading The Borrowed Servant Rule: Liability Risks for Contractors and Owners