June 2014

Recent Massachusetts Decision Addresses No-damage-for-delay Clauses and Waiver Issues

In a recent decision arising out of a public construction project, the Superior Court held that the owner’s payment of part of a general contractor’s delay claim did not constitute a waiver of a "no damage for delay" clause as to a subcontractor. The C…

Government Enforcement Alert: Undisclosed Billing on Public Contracts May Turn “Cost Plus Fee” into “Cost Plus Fines”

A recent settlement between a large construction management firm and the FBI is the latest reminder that when doing business with a public awarding authority – state or federal – anything less than full transparency is likely to result in serious troub…

January 2014

Federal Contractors Confront New Affirmative Action Regulations

The Office of Federal Contract Compliance Programs ("OFCCP") recently issued new affirmative action regulations that apply to many federal construction contractors and subcontractors. The OFCCP has created two separate but related sets of rules that respec…

MassDOT Amends Its DBE Special Provisions

Effective July 2013, the Massachusetts Department of Transportation (“MassDOT”) amended several sections of its Special Provisions regarding Minority/Disadvantaged Business Enterprise (“DBE”) requirements. Although contractors should know the amend…

Massachusetts Federal Court: Damage Resulting from Faulty Workmanship May Be a Covered “Occurrence” under CGL Policy

In an important ruling for contractors and their insurers, the United States District Court for the District of Massachusetts recently ruled that damage resulting from faulty workmanship was an insured “occurrence” under a Commercial General Liability …

‘No Damages For Delay’ Clause Doesn’t Bar Recovery, Rules Superior Court Judge