There are at least as many legal perspectives on construction as there are stages in the actual construction process.Construction law and practice from the ground up
Massachusetts Construction Law and Litigation takes a comprehensive approach to the subject, beginning with the preparation and negotiation of private and public construction contracts. It then takes on the legal issues that arise in setting up and operating a construction project, such as bonds, insurance, liens, and disputes as to the parties' performance. The book concludes with a series of issues relating to construction litigation-contract claims, tort claims, and damages-with tips you can use in your practice.
Recent updates:
This version brings enhanced guidance within your immediate reach-for fast answers to the questions that arise most frequently in your practice.
- Highlights from among the developments reflected in this edition include reaffirmation of the "single look" approach to liquidated damages, in which the reasonability of the damages provision depends on the circumstances at the time the contract was formed rather than the circumstances at the time of the breach;
- an interpretation of the Prompt Pay Act setting forth the conditions under which payments may be rejected, including a certification that payments are being rejected in good faith, along with an explanation of the requirements for strict compliance with the statute;
- a determination of whether an executed letter of intent was a written contract sufficient to preclude summary judgment;
- the recordation of a notice of contract in the registry of deeds to establish a mechanic’s lien pursuant to G.L. c. 254, § 2;
- the application of G.L. c. 260, § 2B-a statute of repose applicable to improvements of real property-to the painting of spaces on a parking lot;
- the inability of limitation-of-liability clauses to shield developers and contractors from knowing and willful violations of G.L. c. 93A;
- "substantial performance” of construction contracts in connection with claims for recovery in quantum meruit; and factors considered in determining awards of attorney fees.
Table of Contents
Chapter 01 - Private Construction ContractsJeffrey L. Alitz, Esq.,
Freeman Mathis & Gary LLP
Christopher J. Petrini, Esq.,
Petrini & Associates, PC
David A. Slocum, Esq.,
Freeman Mathis & Gary LLP
Heather C. White, Esq.,
Petrini & Associates, PC
Checklist 1.1 - Checklist of Key Construction Contract Provisions for Owners and General Contractors
Checklist 1.2 - Checklist of Key Construction Contract Provisions Between General Contractors and Subcontractors
Chapter 02 - Construction Law in the Public Sector
John Michael Curran, Esq.,
Corwin & Corwin LLP
Chapter 03 - Private and Public Construction Contract Performance Issues
Drew W. Colby, Esq.,
Kenney & Sams, PC
Anthony B. Fioravanti, Esq.,
Kenney & Sams, PC
Chapter 04 - Surety Bonds
John P. Connelly, Esq.,
Hinckley Allen LLP
Exhibit 4A - Sample Performance-Bond Form
Exhibit 4B - Miller Act Performance Bond
Chapter 05 - The Massachusetts Mechanic’s Lien Law
John W. DiNicola, II, Esq.,
DiNicola Law Group, LLC
Edwin L. Hall, Esq.,
Holland & Knight LLP
Checklist 5.1 - Section 2 Mechanic’s Lien - Direct Contract with Owner
Checklist 5.2 - Section 2C Mechanic’s Lien - The Design Professional with a Direct Contract with the Owner
Checklist 5.3 - Section 2D Mechanic’s Lien - The Design Professional with a Contract with the Section 2C Design Professional
Checklist 5.4 - Section 4 Mechanic’s Lien - Direct Contract with Person Who Has Contract with Owner
Checklist 5.5 - Section 4 Mechanic’s Lien - Remote Contract with Someone Who Does Not Have Contract with Owner
Checklist 5.6 - Section 1 Mechanic’s Lien - Personal Labor - Wages and Benefits
Exhibit 5A - Notice of Substantial Completion
Exhibit 5B - Notice of Termination
Exhibit 5C - Notice of Contract, G.L. c. 254, § 2D
Exhibit 5D - Notice of Identification
Exhibit 5E - Blanket “No-Lien” Bond
Exhibit 5F - Target Lien Dissolution Bond
Exhibit 5G - Partial Waiver and Subordination of Lien
Exhibit 5H - Notice of Dissolution of Lien
Exhibit 5I - Notice of Contract, G.L. c. 254, § 2
Exhibit 5J - Statement of Account
Exhibit 5K - Massachusetts Deed Indexing Standards: Document Formatting Standards
Exhibit 5L - Notice of Contract, G.L. c. 254, § 2C
Exhibit 5M - Notice of Contract, G.L. c. 254, § 4
Chapter 06 - Insurance Issues in Construction Projects
Katherine A. Foote, Esq.,
Department of Agricultural Resources, Commonwealth of Massachusetts
Michael Herlihy,
Ames & Gough Insurance and Risk Management
Exhibit 6A - Sample Insurance Provisions for Owner to Request of Architect
Chapter 07 - Construction Contract Claims
Mansooruddin Ahmed, Esq.,
Mansoor Ahmed Attorney at Law
John J. McNamara, Esq.,
Lane McNamara LLP
Chapter 08 - Construction Tort Claims
Grace V.B. Garcia, Esq.,
Morrison Mahoney LLP
Stephen Troiano, Esq.,
Morrison Mahoney LLP
Checklist 8.1 - Initial Interview Topics for Construction Site Accident Case
Exhibit 8A - Authorization for the Release of Employment Records
Exhibit 8B - Sample Letter to Obtain Documents from Public Entities
Exhibit 8C - Sample Letter Demanding Disclosure of Applicable Policy Limits
Exhibit 8D - Sample Tender Letter
Exhibit 8E - Sample Supplemental Tender Letter
Exhibit 8F - Sample Demand Letter
Exhibit 8G - Sample Schedule “A” to Workers’ Compensation Insurer’s Subpoena
Exhibit 8H - Sample Schedule “A” to an Employer Subpoena
Exhibit 8I - Sample Schedule “A” to a Police Subpoena
Exhibit 8J - Sample Motion for Conviction and Probation Records of the Plaintiff
Exhibit 8K - Sample Motion to Permit Third-Party Defendant to Subpoena Psychological Records
Exhibit 8L - Sample Set of Interrogatories (Plaintiff Fall from Roof)
Exhibit 8M - Sample Request for Production of Documents (Plaintiff Fall from Roof)
Exhibit 8N - Sample Request for Production of Documents (Plaintiff Injured Operating Lift)
Exhibit 8O - Sample Request for Admissions
Exhibit 8P - Request for Written Statements
Exhibit 8Q - Sample Plaintiff Deposition Questions
Exhibit 8R - Sample Request for Admissions Directed to Indemnification and Additional-Insured Issues
Chapter 09 - Damages in Construction Litigation
Charles F. Ahern, III, Esq.,
Chapter 10 - Litigation Against Design Professionals
Sa'adiyah K. Masoud, Esq.,
Tufts Health Plan
Authors
Editor(s)James B. Peloquin, Esq.,
Conn Kavanaugh Rosenthal Peisch & Ford LLP, Boston
Author(s)
Charles F. Ahern, III, Esq.,
Woburn
Mansooruddin Ahmed, Esq.,
Lane McNamara LLP, Southborough
Jeffrey L. Alitz, Esq.,
Freeman Mathis & Gary LLP, Boston
Drew W. Colby, Esq.,
Kenney & Sams, PC, Boston
John P. Connelly, Esq.,
Hinckley Allen LLP, Boston
John Michael Curran, Esq.,
Corwin & Corwin LLP, Woburn
John W. DiNicola, II, Esq.,
DiNicola Law Group, LLC, Needham
Anthony B. Fioravanti, Esq.,
Kenney & Sams, PC, Boston
Katherine A. Foote, Esq.,
Department of Agricultural Resources, Commonwealth of Massachusetts, Boston
Grace V.B. Garcia, Esq.,
Morrison Mahoney LLP, Boston
Edwin L. Hall, Esq.,
Holland & Knight LLP, Boston
Michael Herlihy,
Ames & Gough Insurance and Risk Management, Quincy
Sa'adiyah K. Masoud, Esq.,
Tufts Health Plan, Watertown
John J. McNamara, Esq.,
Lane McNamara LLP, Southborough
Christopher J. Petrini, Esq.,
Petrini & Associates, PC, Framingham
David A. Slocum, Esq.,
Freeman Mathis & Gary LLP, Boston
Stephen Troiano, Esq.,
Morrison Mahoney LLP, Boston
Heather C. White, Esq.,
Petrini & Associates, PC, Framingham
