As reported by the The Boston Globe, NECN, Massachusetts Lawyers Weekly and other media outlets, Jonathon Friedmann and Adam Shafran recently obtained preliminary approval of a .5 Million class-action settlement involving 450 employees of Allied Waste Services of Massachusetts, LLC, a trash disposal company.
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Contractors who have participated in the public bidding process understand that there must be “strict compliance with the requirements of G.L. c. 149, §§ 44A-44L” or their bid may be rejected. However, what happens if the Awarding Authority rejects a contractor’s bid because it believes the bid was submitted just a few seconds late? What […]
In a case of first impression, the Massachusetts Supreme Judicial Court expanded the rights of condominium associations to recover for damage for the negligent construction of common areas of a condominium development. The case is Wyman et al. v. Ayer Properties, LLC.
OSHA recently enacted a significant change to the requirements for reporting a death on the job and certain serious work place injuries. It is important for Massachusetts employers to be aware of the new requirements, including what must now be reported and the timing of the reports. The full press release is below. Please do […]
By James L. Rudolph, Esq. and Kara Moheban McLoy, Esq. In Coughlin Electrical Contractors, Inc. v. Gilbane Building Co. et al., a Massachusetts Superior Court judge addressed an issue apparently of first impression concerning the interpretation of a Construction Manager at Risk (“CMR”) public construction contract. A CMR contract shifts the majority of the design […]
Not everyone can challenge the granting of zoning relief. Under the Zoning Act, MGL Chapter 40A, only a “ person aggrieved” by a zoning decision may appeal for judicial review of that decision. See MGL ch. 40A, §17. Such person who suffers some infringement of legal rights is said to have “ standing,” that is, […]
By statute in Massachusetts, a negligence or other tort action for damages arising out of any deficiency or neglect in the design or construction of an improvement to real property must be commenced within three (3) years after the cause of action accrues (that is, when the property owner discovers or has sufficient notice of […]
By James L. Rudolph, Esq. In general, the courts in Massachusetts enforce valid no damage for delay clauses in contracts. However, in rare instances in Massachusetts the courts recognize three exceptions in which a valid no damage for delay clause may be set aside: (1) where a defendant’s acts are arbitrary or capricious; (2) where […]
