Legal Update: The Coghlin v. Gilbane Appeal and its Impact on Construction Managers at Risk Under Chapter 149AMarch 1, 2015
On March 2, the highest court in Massachusetts heard arguments in the Coghlin v. Gilbane appeal, a case involving the rights and obligations of construction managers on Chapter 149A projects. The case garnered wide attention last summer when the Worcester Superior Court dismissed Gilbane’s pass-through claims against DCAM on grounds that the claims were barred by the construction management at-risk (“CMR”) contract procured under Chapter 149A. The Massachusetts Supreme Judicial Court (“SJC”) took direct appellate review of this first-of-its-kind decision, and is expected to issue a ruling this summer.
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