Blog Post
01/19/2021
By Gregory M. Boucher

A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act, G.L. c. 149, § 29E, which applies to most projects with a prime contract worth more than $3 million. See Tocci v. IRIV Partners, LLC, et al., Suffolk Superior Court, 1984CV000405 (November 19, 2020). 

Blog Post
06/17/2019
By Gregory M. Boucher

Owners of a Massachusetts waste collection, recycling and removal company recently were held personally liable for their failure to pay their employees at prevailing wages.  See Donis v. American Waste Services, LLC, 95 Mass.App.Ct. 317 (2019).  Under Massachusetts law, wage violations are subject to triple damages and payment of attorney's fees.    

Blog Post
06/20/2018
By Gregory M. Boucher

Until last week, Contractors in Massachusetts only could succeed on a breach of contract claim if the contractor proved complete and strict performance of all contractual terms.  Furthermore, a contractor only could recover on a quantum meruit under an equitable argument if the contractor proved good faith performance of work.

Blog Post
03/16/2018
By Gregory M. Boucher

A recent Massachusetts Supreme Judicial Court decision held that condominium developers cannot create a condominium that “makes it extraordinarily difficult or even impossible for the trustees to initiate any litigation against the developers regarding the common areas and facilities of a condominium.”  See Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC 478 Mass. 697, 709 (2018).

Blog Post
04/10/2017
By Gregory M. Boucher

A recent Massachusetts Appeals Court decision affirmed a trial court’s award to a subcontractor for a loss of productivity claim despite the lack of a time extension request.  See Central Ceilings, Inc. v. Suffolk Construction Company, Inc., 15 -P- 1117 (March 29, 2017).  The contract between the Owner and the General Contractor (Suffolk Construction) provided for a significant bonus for on-time completion, but also significant liquidated damages if Suffolk did not complete the project as scheduled.

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