Jon Friedmann and Casey Sack successfully secured a decision under Massachusetts General Law Chapter 231, § 6F to have the plaintiff pay a portion of the firm’s attorneys’ fees. The decision arises from a residential construction dispute. Under Chapter 231, § 6F, the court may impose sanctions against a party represented by counsel whose claims […]
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Construction subcontracts establish the legal relationship between subcontractors and prime contractors. Most subcontracts should mirror the terms and conditions outlined in the agreement between the owner and the general contractor (the “Prime Contract”) or, at a minimum, be consistent with and provide an explanation when the terms do not mirror the Prime Contract. To ensure […]
Massachusetts General Law Chapters 93A and 176D, long a compelling and formidable mechanism for consumers, has been extended beyond its usual confines to become a further source of consternation in the insurance industry. The Consumer Protection Act and the Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance […]
Jim Rudolph has been named a Massachusetts Go To Construction Lawyer by Massachusetts Lawyers Weekly. The “Go To Lawyer” award recognizes the top construction lawyers across the Commonwealth and highlights lawyers who are experts in their field. Attorneys were nominated by their clients and colleagues for their expertise in construction law, including signature accomplishments, representative […]
Jim Rudolph, the firm’s managing partner and a construction litigator, was quoted in “Building contractor’s suit against insurer revived” in Massachusetts Lawyers Weekly on April 13. The article discusses the Appeals Court’s decision in John Moriarty & Associates, Inc. v. Zurich American Insurance Co., where the court ruled the general contractor for a Boston construction […]
Commercial construction projects of $3 million or more are subject to the Prompt Payment Act, G.L.c. 149, §29E (“PPA”), which ensures prompt payment, or resolution, of disputes about, invoices for periodic payment made by contractors during the course of work. It requires owners to approve or reject periodic payment requests within 15 days after submission […]
When presented with a contract, consumers should “read the fine print.” This adage is particularly important to general contractors (GCs) who have obtained a commercial general liability insurance policy and those who hire them. Many GCs believe that a general liability insurance contract will protect them for any hazard or event that could transpire in […]
When it comes to home improvement, homeowners and contractors must have mutual trust and confidence. Homeowners deserve quality finished work, and contractors deserve prompt and fair payment. A written contract is one of the ways in which the parties can ensure a fair bargain and hold each other accountable. This article suggests a number of […]
In Massachusetts, it is not unusual for public construction contracts to include Project Labor Agreement (“PLA”) provisions that mandate a successful bidder only hire union laborers and subcontractors. The purpose behind this is that union labor, though more expensive because of prevailing wage regulations, will agree not to strike or engage in work stoppages, thus […]
Many states and jurisdictions, including Massachusetts, have been prompted to re-examine their construction and design liability related laws in the wake of the Champlain Towers South high-rise condominium collapse in Surfside, Florida. One such law is under particular scrutiny in Massachusetts. In Massachusetts, Massachusetts General Laws, Chapter 260, §2B (the “Statute of Repose”) generally prevents […]
