Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

Lien 71

Lien Claims Massachusetts Contract 71

Green Building Law Update

MARCH 8, 2020

There has been relatively little judicial redress arising from ESG claims (largely attributable to a robust stock market in recent years) and much of it involving bad facts in extreme instances (i.e., It was widely reported in the media in December 2019 that the SEC was scrutinizing whether ESG claims “are at odds with reality.”

Legal 256

Legal Risk Claims Sustainability 256

Best Practices Construction Law

JUNE 27, 2022

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. If your project is subject to Massachusetts law, the decision in Tocci provides an excellent summary of the Prompt Pay Act. In Tocci Building Corp.

Massachusetts 62

Massachusetts Certification Claims Contract 62

Construction Business Owner

APRIL 20, 2023

Learn how these companies improved operations and achieved wins including a 92% drop in claims costs and a reduction of collisions of 74%. Three companies with fleets are applying technology to better serve their customers, improve their efficiency and boost their bottom lines.

Profitability 283

Profitability Risk Virgin Islands Puerto Rico 283

Construction Business Owner

FEBRUARY 28, 2023

Learn how these companies improved operations and achieved wins including a 92% drop in claims costs and a reduction of collisions of 74%. Three companies with fleets are applying technology to better serve their customers, improve their efficiency and boost their bottom lines.

Virgin Islands 290

Virgin Islands Puerto Rico Samoa Rhode Island 290

Green Building Law Update

SEPTEMBER 12, 2021

And today environmental groups are alleging greenwashing and intentional misrepresentation, including claims in contravention of the Federal Trade Commission Green Guides, targeting companies making ESG assertions. It is not Hester Prynne’s “A” for adultery in Puritan Massachusetts Bay Colony in 1642, but rather ESG in America in 2020.

Legal 156

Legal Risk Green Claims 156

ENR Construction

DECEMBER 3, 2014

End of dispute over added cost for unforeseen site conditions and design changes will result in $88-million payment to Tutor Perini-Kiewit-Cashman joint venture. Business Management'

Massachusetts 70

Massachusetts Claims DOT Contractors 70

Green Building Law Update

JANUARY 24, 2021

There has been relatively little judicial redress arising from ESG claims (largely attributable to a robust stock market in recent years) and much of it involving bad facts in extreme instances (i.e., yes, obviously pre Biden Administration) that the SEC was scrutinizing whether ESG claims “are at odds with reality.” Recent U.S.

Regulation 156

Regulation Claims Risk Legal 156

Best Practices Construction Law

MAY 29, 2013

In Massachusetts Highway Dept. In 1999, the parties entered into a subsequent agreement requiring that existing claims arising before January 1, 1999 would be subject to binding arbitration with the DRB. Those claims were identified in Exhibit 1 to the agreement. Perini Corporation, 83 Mass. The Disputes.

Claims 48

Claims Contract Agreement Massachusetts 48

BD+C

DECEMBER 13, 2016

campus of Bristol Community College (BCC), claims to be the largest zero net energy (ZNE) classroom and science lab building in the Northeast. The John J. Sbrega Health and Science Building, which opened last fall on the Fall River, Mass.,

Massachusetts 40

Massachusetts Claims 40

Green Building Law Update

NOVEMBER 20, 2016

While we all have been focused on the Presidential election results, cannabis law reform won in eight out of the nine states where it was on the ballot, from California to Massachusetts, on November 8, making clear the that the public is ready to put the harsh prohibitionist pot policies of the past behind us. But the U.S.

Organization 120

Organization Certification Claims Sustainability 120

Pro Builder

MARCH 5, 2021

Ocean City, New Jersey claims first place in our study, with 63.45% of its mortgages being taken out for secondary homes. Barnstable Town, Massachusetts had 2,188 new mortgages taken out in 2019. Ocean City, NJ. This means that 559 out of 881 total mortgages in 2019 were for secondary residences. Barnstable Town, MA.

Metro 52

Metro New Jersey NJ Delaware 52

NH Construction Law

SEPTEMBER 5, 2020

Parties to a lawsuit, or who reasonably should anticipate future litigation, have a duty not to destroy evidence crucial to their opponents’ claims or defenses. Indeed, upon being notified of a claimed defect that could lead to litigation, the party alleged to be responsible may have some duty to affirmatively seek an inspection.

Inspections 40

Inspections New Hampshire Claims Construction 40

Green Building Law Update

JULY 31, 2016

The complaint filed Superior Court for the County of Middlesex, Commonwealth of Massachusetts claims the decision exceeds the authority of the Commission, was legally untenable, unreasonable, arbitrary and capricious, and violated the rights of the members of First Parish to the free exercise of their religious beliefs under Article II of the Massachusetts (..)

Commissioning 120

Commissioning Massachusetts Certification Legal 120

ENR Construction

AUGUST 24, 2012

Industry top execs Ric Licata of Reno architect Licata Hansen Associates, Stephen Barlow of Massachusetts contractor J.F. White and Brock Johnson of Arkansas design firm Garver were company veterans and active in industry.

Arkansas 41

Arkansas Claims Contractors Massachusetts 41

NH Construction Law

NOVEMBER 24, 2023

1976); Massachusetts, Carpenter v. of the AIA A201 General Conditions (2017), for example, provides that a demand for arbitration shall not be made “after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.” Civitello Co.,

New Hampshire 40

New Hampshire North Carolina Claims Ohio 40

NH Construction Law

NOVEMBER 26, 2021

in attorneys’ fees to a homeowner who sued for $12,400 and won a $6,800 jury verdict on a breach of contract claim. on a $7,650 verdict under a Massachusetts anti-discrimination statute). A recent case from Tennessee affirmed an award of $201,255.50 Issa Construction, LLC, v. Blalock , No. E2020-00853-COA-R3-CV (Tenn. ”).

Claims 40

Claims New Hampshire Liability Contract 40

ENR Construction

OCTOBER 21, 2014

Virginia''s transportation department this month followed Missouri, Nevada and Massachusetts in taking off a controversial guardrail end-terminal model from its approved highway-products list.

Modeling 45

Modeling DOT Missouri Nevada 45

Best Practices Construction Law

JUNE 24, 2016

Two Electronics, LLC , the Massachusetts’ Land Court concluded (in what appears to be a case of first impression) that a string of text messages can constitute a writing under the Statute of Frauds sufficient to bind the parties to sell certain property. ” Second, claims succeed or fail based upon the documentation.

Contract 91

Contract Claims Documentation Change Orders 91

Construction Business Owner

DECEMBER 20, 2020

construction claims management. Author Richard Kohn & William Lathem. Risk Management. Promote to rotator No. Main Image. Sponsored by. Section In the Office. Sponsor Link [link]. Cobbs Allen. loss control.

Insurance 156

Insurance Virgin Islands Puerto Rico Alabama 156

NH Construction Law

MAY 20, 2023

Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Green Building Law Update

OCTOBER 28, 2018

Courts have applied that still governing law to rule that the building codes of various governments from Massachusetts to Texas cannot be copyrighted. But in recent years, some courts have sought to distinguish cases from that bedrock law. And such is why this new decision from the Eleventh Circuit is so important.

Green 159

Green United States Commissioning Foundation 159

NH Construction Law

MARCH 26, 2023

If an initial court challenge to the lien fails, the general contractor may well be coerced into an unfavorable settlement of the lienor’s claim. Massachusetts, for example, has statutes providing for two types of lien release bonds – a “blanket” lien bond pursuant to G.

Lien 40

Lien Subcontracting New Hampshire Bargains 40

Best Practices Construction Law

MAY 19, 2015

This was an important distinction for the court when reviewing the differing site conditions claim: Celco submitted no evidence suggesting that the character of the rock discovered on site was different, or that the actual unit cost to remove it was greater, by reason of the increased amount or any other concealed condition.

Bidding 48

Bidding Contractors Contract Site 48

Best Practices Construction Law

MAY 19, 2015

This was an important distinction for the court when reviewing the differing site conditions claim: Celco submitted no evidence suggesting that the character of the rock discovered on site was different, or that the actual unit cost to remove it was greater, by reason of the increased amount or any other concealed condition.

Bidding 48

Bidding Contractors Contract Site 48

PSMJ Resources

AUGUST 27, 2008

A pair of lawsuits have been filed since May by the firm in Clark County District Court claiming unpaid bills totaling nearly $108,000. When the newspaper called Ampersand's office in Wellesley, Massachusetts, the story claims an employee said, "We don't talk to the press."

Las Vegas 40

Las Vegas Architecture Nevada Claims 40

Buisness Facilities Contributed Content

APRIL 15, 2014

State Credits available against the Corporate Income Tax: Education Credit (AS 43.20.014): Taxpayers that contribute to vocational education programs or accredited Alaska universities or colleges for educational purposes or facilities may claim a tax credit for 50% of the first $100,000, 100% of the next $200,000, and 50% of further contributions.

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

The program is capped at 10,000 new jobs being claimed each year by all participants; whereas a taxpayer is limited to a maximum of 400 new jobs per year. The credit provided to the investor totals 39 percent of the cost of the investment and is claimed over a seven-year period. time permanent jobs paying above average wages.

Income 75

Income Finance Zoning Equipment 75

Buisness Facilities Contributed Content

AUGUST 5, 2013

Massachusetts, New York and Maryland join NJ as states that have achieved leadership positions in solar power without the advantage of a Sun Belt location. claims the average data center is nine years old; research company Gartner’s asserts that data centers more than seven years old are obsolete. The International Data Corp.

North Dakota 111

North Dakota Alabama Texas Louisiana 111

Autodesk Construction Cloud

NOVEMBER 2, 2021

Boston, Massachusetts. As a Civil Engineer and Project Manager at Hatch LTK, Isabel is heavily involved with the Massachusetts Bay Transportation Authority’s Red and Orange Line Transformation Program in Boston, one of the largest infrastructure improvement programs in the Northeast. Isabel Harlan. Civil Engineer and Project Manager.

Construction 52

Construction BIM San Francisco Management 52

NH Construction Law

NOVEMBER 23, 2019

It is tempting to conclude that such retroactive effect is accomplished by RSA 447:9 , which states that mechanic’s liens “shall take precedence of all prior claims except liens on account of taxes.” described in such statement of claim.” described in such statement of claim.” 3d 1 (1st Cir.

Lien 40

Lien Bankruptcy New Hampshire Claims 40