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FTC Cracks Down on Environmental Marketing Claims

Green Building Law Update

The Federal Trade Commission announced six enforcement actions last week, including against companies that marketed supposedly biodegradable plastic rebar cap covers, plastic golf tees, and plastic shopping bags, as part of the agency’s ramped up crackdown on environmental claims. Clear Choice Housewares, Inc. Carnie Cap, Inc.

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Appeals Court Construes Massachusetts Prompt Payment Act for First Time, Requiring Strict Compliance

Constructlaw

For the first time, the Appeals Court of Massachusetts has construed the Massachusetts Prompt Payment Act (the statute), requiring strict compliance on the part of owners and contractors who wish to withhold payments from contractors or subcontractors. In Tocci Building Corporation v.

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Gilbane/Hunt JV Agrees to $1.9M Pact in State W/MBE Lawsuit

ENR Construction

On the city-funded Massachusetts project, the firms failed to accurately report participation of woman- and minority-owned businesses, state Attorney General Maura Healey claims in a federal Flase Claims Act suit. .

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The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement

Best Practices Construction Law

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.

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LEED can Help Mitigate Legal Risks in ESG Disclosures

Green Building Law Update

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.”

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Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act

Best Practices Construction Law

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.

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Massachusetts DOT Agrees to Pay Contractor's Big Dig Claim After 15-Year Battle

ENR Construction

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'