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: Massachusetts
Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.
David G. Thomas and Angela C. Bunnell | GreenbergTraurig In Diprio v. Ground Up Constr., Inc., the Massachusetts Appeals Court considered the appropriateness of an award of attorneys’ fees to pro se litigants—homeowners who sued a contractor for violating a Massachusetts Home Improvement Contractor Statute (HICS)—and the proper measure of damages under 93A, Section 9. At… Continue reading Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.
Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is Not Barred by the Statute of Repose
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
Did Water that Pooled on Roof Cause ‘Flood’ Damage? Mass. High Court Asked to Decide
Claims Journal A federal appellate court is asking Massachusetts’ top court to decide whether an insurance policy sublimit for damage caused by “surface waters” applies to damage from water that pooled on a parapet roof and second-floor courtyard during a rainstorm. The 1st Circuit Court of Appeals says an answer is needed so that it can resolve… Continue reading Did Water that Pooled on Roof Cause ‘Flood’ Damage? Mass. High Court Asked to Decide
Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act
Matthew DeVries | Best Practices Construction Law In life, rejection is often hard to swallow. In construction, that rejection can sometimes amount to millions of dollars. A Massachusetts court recently held that an owner’s rejection of the contractor’s payment applications was not properly certified and, thus, violated the state’s Prompt Pay Act. In Tocci Building Corp. v.… Continue reading Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act