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

Green Building Law Update

NOVEMBER 5, 2013

CHAMP , located in Marlborough, Massachusetts, also was an ECM customer, advertised that its plastic golf tees were biodegradable. based in Leominster, Massachusetts, was a customer of an additive manufacturer called Bio-Tec Environmental. Clear Choice Housewares, Inc.

Claims 120

Claims Commissioning Green Massachusetts 120

Best Practices Construction Law

DECEMBER 18, 2019

16, 2019), the court evaluated a sub-subcontractor’s claim on a construction contract dispute arising from the renovations at the Longfellow Bridge and the Hatch Shell in Boston, Massachusetts. Mass) (Dec. The defendants filed a motion to dismiss a number of the sub-subcontractor’s claims, including one for fraudulent inducement.

Lien 71

Lien Claims Massachusetts Contract 71

Buisness Facilities Contributed Content

JULY 2, 2013

This follows more than five years of legal and bureaucratic wrangling that have thus far kept the project from becoming a reality. Fenway Center will also feature one of the largest private solar power plants in Massachusetts, and the Metropolitan Boston Transit Authority’s first net-zero-energy train station.

Boston 49

Boston Massachusetts Architecture Transportation 49

Safety Services Company

JULY 15, 2019

With 8 states that have approved the use of recreational marijuana and 18 states permitting the use of medical marijuana, it’s critical for companies operating in these areas to understand their legal responsibilities and how to deal with cannabis use at worksites. Massachusetts. California. Washington. Washington D.C.

Regulation 48

Regulation DOT Legal OSHA 48

Construction Marketing

NOVEMBER 28, 2016

A good example is Massachusetts Bay Transit Authority in Boston testing beacons that utilize smartphone apps to better track riders’ behavior. Lever & Associates, PLLC in 2014 and is the firm’s top legal strategist. Their functionality matches the indoor GPS. Author Bio: David B. Lever, founded the law firm, David B.

Site 164

Site Safety Construction Accidents 164

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 Claims North Carolina Ohio 40

Business Facilities

JANUARY 26, 2018

The legal cannabis industry is selling dangerous high-potency infused edible products that will need to be regulated. Read: Doobie Candy at BusinessFacilities.com.

Regulation 49

Regulation Legal Products Industrial 49

Business Facilities

JANUARY 12, 2017

Statewide legal marijuana is a $6.7-billion billion industry that may all go up in smoke if the Justice Department enforces federal laws prohibiting it. Read High-Growth Sector on Business Facilities - Area Economic Development, Site Selection & Workforce Solutions.

Legal 40

Legal Site Industrial New Jersey 40

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Green Building Law Update

OCTOBER 21, 2018

Use Legally Logged Wood from Ecologically Managed Forests , recognizes “FSC Certified Wood” only, (. trillion for Pennsylvania and Massachusetts, with $1.9 There is a credit, Productivity, Health + Diversity 4.0: True to the inability to end the long running and loosing wood war, Materials and Artifacts A Credit 5.0:

Guidelines 168

Guidelines Certification Green Defense 168

Green Building Law Update

OCTOBER 21, 2018

Use Legally Logged Wood from Ecologically Managed Forests , recognizes “FSC Certified Wood” only, (. trillion for Pennsylvania and Massachusetts, with $1.9 There is a credit, Productivity, Health + Diversity 4.0: True to the inability to end the long running and loosing wood war, Materials and Artifacts A Credit 5.0:

Guidelines 180

Guidelines Certification Green Drafting 180

Green Building Law Update

DECEMBER 18, 2016

Responding to client email about LEED no cigarette smoking policy in Massachusetts where recreational cannabis will be allowed. Telephone call with client about water use reduction alternatives for redevelopment that is striving to be net zero water use in jurisdiction with water use restrictions.

Green 149

Green Drafting Contract Sustainability 149

NH Construction Law

NOVEMBER 26, 2021

on a $7,650 verdict under a Massachusetts anti-discrimination statute). One way that courts reduce attorneys’ fee awards below the amounts incurred is by disallowing fees spent pursuing claims or legal theories on which the plaintiff did not prevail. ” Diaz v. Jiten Hotel Management, Inc. , 3d 170 (1st Cir. ”).

Claims 40

Claims New Hampshire Liability Contract 40

Construction Junkie

JULY 8, 2020

3: The Mass Construction Show Previous nominations: first time nominated Listen to it here: [link] While the Mass Construction Show admittedly has a Massachusetts lean, the show is applicable to anyone in the industry across construction. Check out our full review of the Construction Brothers Podcast by clicking or tapping here. #3:

Lien 121

Lien Construction Zoning Industrial 121

Construction Junkie

MAY 20, 2020

The Lien Zone Previous nominations: 2016 , 2017 (winner), 2018 , 2019 Listen to it here: [link] Hosted by Miami construction lawyer, Alex Barthet (@thelienzone), The Lien Zone Podcast, discusses many aspects of the construction industry from a legal point of view. vote for the lien zone. vote for the construction shared pains podcast.

Lien 116

Lien Construction Zoning Industrial 116

Levelset

SEPTEMBER 28, 2022

Alex Barthet is a board certified construction lawyer and a mechanical engineer, making him an excellent fit to host The Lien Zone , which covers technical and legal questions related to construction law. They cover everything to do with the legal issues that affect construction safety, profitability, and business. The Lien Zone.

Construction 52

Construction Schedule Safety Industrial 52

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. John’s Holdings, LLC v.

Contract 91

Contract Claims Documentation Change Orders 91

Green Building Law Update

FEBRUARY 3, 2019

Beyond the general disclaimer below about the purposes of the blog, this blog post is not intended to give you criminal law advice or for that matter, any legal advice. . Despite that statement, be aware that possessing, using, distributing and selling marijuana are all federal crimes and may be state crimes.

District of Columbia 226

District of Columbia Legal Green Residential 226

Best Practices Construction Law

MAY 19, 2015

Viewing the claim under Massachusetts’ differing site conditions clause, the court noted that the contract bid documents expressly denied the accuracy of the amount of rock to be encountered on the site. The Court’s Reasoning.

Bidding 48

Bidding Contractors Contract Site 48

Best Practices Construction Law

MAY 19, 2015

Viewing the claim under Massachusetts’ differing site conditions clause, the court noted that the contract bid documents expressly denied the accuracy of the amount of rock to be encountered on the site. The Court’s Reasoning.

Bidding 48

Bidding Contractors Contract Site 48

Business Facilities

JANUARY 4, 2021

Many states will make changes to their minimum wage laws in 2021; greatest impacts will be seen in California, Washington and Florida. Read: Half Of U.S. States To See Minimum Wage Increases In 2021 at BusinessFacilities.com.

Florida 85

Florida Washington California South Dakota 85

Green Building Law Update

SEPTEMBER 12, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. This blog post highlights the legal risk associated with ESG disclosures and proffers that through green building practices, like the U.S.

Legal 156

Legal Risk Green Claims 156

Green Building Law Update

AUGUST 23, 2020

I wrote a blog post earlier this year, LEED can Help Mitigate Legal Risks in ESG Disclosures , that included the quote, SEC Commissioner Hester Peirce has publicly said, “we are seeing a similar scarlet letter phenomenon in today’s modern, but no less flawed world” but it is not Hester Prynne’s “A” for adultery in Puritan Massachusetts Bay Colony in (..)

Risk 156

Risk Plans Security Massachusetts 156

Construction Business Owner

AUGUST 3, 2020

The reasons are clear and fundamental: from staying alive to being there for family, and from avoid life-changing injuries to saving money, mitigating legal risk and gaining productivity. Why is safety so important? These are the basics of a good life for workers, and good business for construction companies.

Safety 296

Safety Virgin Islands Puerto Rico Samoa 296

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

Green Building Law Update

JANUARY 24, 2021

There is legal risk associated with ESG disclosures and I have assisted companies for years in mitigating their liability while still being responsive to the trend of investor demands for these disclosures. and the legal adage that bad facts rise to bad law may certainly have been at play in those instances.

Regulation 156

Regulation Claims Risk Legal 156

Building Information Management

APRIL 24, 2015

A procurement process that legally allows government entities to raise the level of performance, eliminate redundant “boiler plate” documentation and other procurement functions, and allow contractors to partner with the facility users. Cambridge, Massachusetts: Massachusetts Institute of Technology. WWW document]. URL [link].

Contract 40

Contract Bidding Arizona Procurement 40

Building Information Management

JUNE 22, 2015

A procurement process that legally allows government entities to raise the level of performance, eliminate redundant “boiler plate” documentation and other procurement functions, and allow contractors to partner with the facility users. Cambridge, Massachusetts: Massachusetts Institute of Technology. WWW document]. URL [link].

Contract 40

Contract Arizona Bidding Procurement 40

Green Building Law Update

OCTOBER 2, 2016

21% of the projects were in Washington DC, 19% in Maryland, 18% in Illinois, 17% in New York, 9% in Texas, 9% in California, 3% in Florida, 2% in Virginia, 1% in Massachusetts, and 1% in Rhode Island. Of note, this review was not looking for and did not compile missed signatures, not compiled change orders or other clerical errors.

Drafting 120

Drafting Green Contract Documentation 120

Buisness Facilities Contributed Content

APRIL 12, 2016

Massachusetts rapidly is expanding smart meter growth and conducting trials for time-of-use and critical peak pricing tariffs. billion Cape Wind installation that aimed to install 130 mammoth turbines in the waters of Nantucket Sound off the coast of Massachusetts.

Indiana 40

Indiana New York New Jersey Wisconsin 40

Green Building Law Update

APRIL 30, 2014

While there are a patchwork of current laws for legal marijuana that vary from state to state, and legislation is pending in at least 6 states, it is clear that there has been a major shift in attitudes across the country to now allow marijuana smoking for medical and even recreational purposes.

Legal 120

Legal Colorado Permits Washington 120

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

Buisness Facilities Contributed Content

MARCH 21, 2014

FOREIGN TRADE ZONES (FTZs): Secured areas legally outside of U.S. MASSACHUSETTS. INVESTMENT TAX CREDIT (ITC): Offers a 3 percent credit for qualifying businesses against their Massachusetts corporate excise tax. The credit may be claimed only for tax years beginning after December 31, 2008.

Income 75

Income Finance Zoning Equipment 75

Buisness Facilities Contributed Content

APRIL 15, 2014

MASSACHUSETTS. INVESTMENT TAX CREDIT (ITC): Offers a 3 percent credit for qualifying businesses against their Massachusetts corporate excise tax. To be eligible, an organization must be a non-profit or for-profit business in Massachusetts that has been in existence for at least five years and demonstrates an ability to repay the loan.

Income 108

Income Finance Zoning Employment 108