Protecting Yourself from Rising Material Costs

• New Hampshire Highways
• July 1, 2018

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, …

The SJC Weighs in on Termination for Convenience

• UCANE's Construction Outlook
• June 5, 2018

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

• Construction Industries of Massachusetts, Inc. Constuction Journal
• June 1, 2018

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…

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

• UCANE's Construction Outlook
• May 3, 2018

 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 …

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

• American Bar Association Forum on Construction Law "Voices of the Industry"
• February 11, 2018

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…

The Bid Unit of the Massachusetts Attorney General’s Office Issues a Bid Protest Decision Concerning MassDOT’s Mobilization Cap

• Construction Industries of Massachusetts, Inc. Construction Journal
• February 1, 2018

In 2015, the Massachusetts Department of Transportation (“MassDOT”) issued Supplemental Specifications to its Standard Specifications for Highways and Bridges. One of the changes in the Supplemental Specifications was the addition of a percentage cap t…