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.

Blog Post
10/01/2015
By Gregory M. Boucher

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors.

Blog Post
08/26/2015
By Garry R. Boehlert and George E. Rahn, Jr. and Donald A. Rea

Substantial completion is described in AIA Document A201™-2007 as “the stage in the progress of the Work when the Work or designated portion thereof is substantially complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work, in its entirety for its intended purpose.”  The provision often includes a laundry list of tasks that, if incomplete, prevent the work from being declared substantially complete.  Substantial completion is the triggering date for payment of retainage or, on the flip side, assessment of liquidated damages.

Blog Post
07/09/2015
By Donald A. Rea and Nicholas C. Stewart

Pay-if-paid clauses provide that a general contractor is not required to pay subcontractors unless and until it receives payment from the owner.  The ConsensusDocs Standard Agreement 655 provides the following example:

Receipt of payment by the Contractor from the Owner for the Subcontract Work is a condition precedent to payment by the Contractor to the Subcontractor.  The Subcontractor hereby acknowledges that it relies on the credit of the Owner, not the Contractor, for payment of Subcontract Work.

Blog Post
06/01/2015
By Donald A. Rea and George E. Rahn, Jr.

Construction contracts typically provide for changes in the scope of work through change orders, construction change directives and orders for minor changes.  AIA Document A201-2007 and the ConsensusDocs Standard Agreement similarly define a “Change Order” as a written instrument or order signed by the owner and the contractor that reflects the parties’ agreement to a change and any adjustments in the contract price or time.  By contrast, a “Construction Change Directive” (AIA A201-2007) or “Interim Directed Change” (ConsensusDocs) is a written order unilaterally issued by the own

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