MA Case Update

March 31, 2021

Time to “Pay” Attention to Payment Provisions for Construction Contracts in Massachusetts

MA Case Update

Authors:

R. Thomas Dunn

Practice area:

Construction

I know what you are thinking . . . payment provisions have ALWAYS been key components of construction projects. Owners want to understand what they are paying for and that they are not over-paying. Contractors want prompt payment provisions and limitations on an Owner’s ability to withhold payment. Lower tier subcontractors and suppliers want clarity, information and remedies, other than what can be a cumbersome mechanic’s lien process, to ensure that they will get paid in the event of a dispute. So, I absolutely agree, payment provisions are essential. If payment is not made or the payment applications are not provided per the terms of the contract, it can cause delays and additional costs for all project participants.

A number of years ago, Massachusetts passed the Massachusetts Prompt Pay Act, G.L. c. 149, §29E (the “Act”). The purpose of the Act is to create some ground rules that are read into each private construction contract that is $3,000,000 or more. It

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December 15, 2020

The Massachusetts Statute of Repose Comes Marching One Building at a Time

Litigation, MA Case Update

Authors:

R. Thomas Dunn

Practice area:

Have you ever wondered when Massachusetts’ 6-year statute of repose for defective design, planning and construction is triggered when dealing with the construction of a multi-building, multi-year condominium construction project?

If you haven’t thought about such an issue that’s okay, neither had the United States District Court for the District of Massachusetts, nor the Supreme Judicial Court of Massachusetts. However, luckily for us, the Supreme Judicial Court recently tackled this very question in D’Allessandro v. Lennar Hingham Holdings, LLC, 156 N.E.3d 197, 198 (Mass. 2020).

Photo from the Hewitts Landing Condominium website, found at https://www.livehewittslanding.com/hingham/hewitts-landing/photos/

In D’Allessandro, the Hewitts Landing Condominium project (the “Project”) consisted of 150 condominium units and twenty-eight buildings. D’Allessandro, 156 N.E.3d at 199. The Project was built over the course of twenty four different phases between 2008 and 2015; however, as individual units were

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Our blog focuses on providing practical information and guidance relating to construction risk management and dispute resolution. We intend to highlight and summarize relevant state and federal cases, construction industry developments, newly published construction law publications to provide a meaningful resource to assist our in-house counsel, risk manager, or outside counsel readers to avoid, mitigate, or efficiently resolve disputes relating to the construction industry.

While many of our topics will have a national focus, specialized attention will be devoted to state-specific topics and developments in the jurisdictions in which our construction attorneys practice: Massachusetts, Rhode Island, Maine, and New Hampshire.