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.
To read the full text of this article click on the PDF.