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Results: 1-10 of 12

Massachusetts appeals court rules on burden of proof for lien claimants

  • Duane Morris LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • January 11 2012

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

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

  • Duane Morris LLP
  • -
  • USA
  • -
  • 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

Construction accidents and criminal charges rarely mix

  • Duane Morris LLP
  • -
  • USA
  • -
  • 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

Statutory payment protection can’t be contracted away

  • Duane Morris LLP
  • -
  • USA
  • -
  • 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 the developer can't rely on the owner's engineer

  • Duane Morris LLP
  • -
  • USA
  • -
  • 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

When is litigation history a sign of unreliability?

  • Duane Morris LLP
  • -
  • USA
  • -
  • 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

Resurrection of the UConn library lawsuit (no time runs against the king)

  • Duane Morris LLP
  • -
  • USA
  • -
  • November 7 2012

Back in January, I wrote on the pending dispute about whether the State of Connecticut could file suit against contractors and designers twelve years after completion of the UConn library

The construction trial will be held far, far away!

  • Duane Morris LLP
  • -
  • USA
  • -
  • January 31 2013

Suppose you're a New Jersey subcontractor on a New Jersey project, where the project owner is based in New York and the prime contractor in Wisconsin