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Massachusetts appeals court rules on burden of proof for lien claimants

Duane Morris LLP
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USA
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September 16 2010

Similar to many other states, the Massachusetts lien law has what may be considered a "cram-down" provision, which restricts the value of a lien in certain circumstances

Build for the tenant, but lien the landlord's title? Massachusetts Supreme Judicial Court clarifies the standard

Duane Morris LLP
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USA
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April 19 2011

The Massachusetts Supreme Judicial Court (the "SJC") released a decision on April 13, 2011in Trace Construction v. Dana Barros Sports Complex1that clarifies a contractor's lien rights against a landlord when the contractor performed work for the tenant

Massachusetts Appeals Court invalidates mechanic's liens against condo common areas

Duane Morris LLP
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USA
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January 11 2012

A Massachusetts Appeals Court decision last month portends far-ranging implications for the construction industry

When the developer can't rely on the owner's engineer

Duane Morris LLP
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USA
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February 9 2012

The natural give and take between contractors and the design professionals sometimes gives way to litigation revolving around the contractor’s ability to rely on the design professional’s actions

Construction accidents and criminal charges rarely mix

Duane Morris LLP
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USA
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April 26 2012

The acquittal today of crane rental company owner James Lomma, on charges of negligent homicide and manslaughter, brings to a close the third high-profile New York criminal case against construction workers or executives with a not guilty verdict

I need to do what??? (per the contract, or bond, or statute)

Duane Morris LLP
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USA
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July 11 2012

Courts in two different states this past week issued reminders to the parties, to do just what the contract or bond, or statute says is to be done

Statutory payment protection can’t be contracted away

Duane Morris LLP
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USA
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August 2 2012

The Massachusetts Supreme Judicial Court has held that a subcontractor’s rights to pursue a payment bond required by law on a public project can’t be nullified by contract

When is litigation history a sign of unreliability?

Duane Morris LLP
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USA
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October 12 2012

An Atlanta-area school district, already embroiled in construction litigation, learned that the replacement contractor hired to salvage a project has also been involved in litigation

Two insurance lessons, one expected and one not

Duane Morris LLP
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USA
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June 21 2012

The New York tower crane collapse in 2008 spawned many insurance claims

Does the arbitrator decide arbitrability?

Duane Morris LLP
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USA
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January 17 2013

Citing a decision from the U.S. Supreme Court, the highest Massachusetts court has held that an arbitrator cannot decide the issue of arbitrability