July 2018

Protecting Yourself from Rising Material Costs

Current economic conditions and shifts in public policy by the Trump Administration concerning tariffs on imports have the potential to dramatically impact the prices of certain materials critically important to roadway construction projects, namely fuel, …

June 2018

The SJC Weighs in on Termination for Convenience

Despite the prevalence of termination for convenience clauses in construction contracts, there has been little caselaw in Massachusetts addressing such provisions.  That needle moved on May 2, 2018, when the Massachusetts Supreme Judicial Court discussed …

Massachusetts Supreme Judicial Court: G4S Technology LLC v. Massachusetts Technology Park Corporation

In March 2016, a Massachusetts Suffolk Superior Court, applying then-existing law, ruled that a contractor that intentionally breached a design- build contract by not timely paying subcontractors forfeited its unrelated $14 million breach of contract claim…

May 2018

The Bid Unit of the Massachusetts Attorney General’s Office Releases Decision on Bidder Responsibility

 The competitive bidding statute for public works projects (M.G.L. c. 30, § 39M) generally requires an awarding authority to award to the lowest eligible and “responsible” bidder on large projects.  Because awarding authorities have discretion when …

February 2018

Why You Should Get Involved With the American Bar Association Forum on Construction Law

What is the ABA Forum on Construction Law, and what does it offer?The American Bar Association Forum on Construction Law is the largest organization of construction lawyers in the world, boasting more than 6,000 members worldwide, and has been the go-to le…