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 […]
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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 […]
