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Massachusetts Supreme Court clarifies building code liability issue on mixed-use projects

BD+C

The Massachusetts Supreme Judicial Court recently ruled that distinct portions of a mixed-used building may be treated as distinct and different structures under the state building code. The ruling clarifies more than 40 years of sometimes contradictory decisions. Codes Codes and Standards'

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Selecting anchor clips for metal cladding

Construction Specifier

A failing anchor is laden with potential liability for risks to property and personal injury. Figure 1: Coated aluminum fin assemblies mounted to a concrete parking structure in Southwest Boston, Massachusetts. Proper material selection.

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#131:  Applying Statutes of Limitations in Arbitration Proceedings

NH Construction Law

The New Hampshire Supreme Court implicitly assumed applicability of the statute of limitations to arbitration proceedings in Metropolitan Property and Liability Insurance Co. 1976); Massachusetts, Carpenter v. . § 1 et seq. , nor New Hampshire’s state arbitration act, RSA 542 , mentions the statute of limitations.

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#107:  "Prevailing Party" Attorneys' Fees Provisions

NH Construction Law

on a $7,650 verdict under a Massachusetts anti-discrimination statute). In the construction setting, however, that type of severability is rare; it will almost always turn out that “the evidence necessary to prove liability under one theory was also relevant to proving liability under the other theory,” id.

Claims 40
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#93:  Spoliation During Construction

NH Construction Law

The duty to preserve material evidence extends not just to documents and records, but also to physical items (for instance, in a products liability case the defective product itself). In a Massachusetts Superior Court case, 333 Massachusetts Avenue Limited Partnership v. But what about a building under construction?

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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

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H&A Public Incentive Legislation Update

Buisness Facilities Contributed Content

Massachusetts. O’Malley signed legislation authorizing a referendum to approve expanded gambling. If approved, the measure will allow a new casino to be built in Prince George’s County. Patrick signed new legislation that expands incentives and opportunities for developing renewable power generation.

Alabama 40