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Massachusetts Appeals Court Enforces Prompt Pay Act Protocol

USA - June 7 2022 In a closely-watched, hotly-disputed case, the Massachusetts Appeals Court has enforced critical elements of the state’s prompt pay act (PPA). As a…

Waiver of Arbitration Right Does Not Require Prejudice

USA - May 24 2022 The U.S. Supreme Court, in a unanimous decision, has held that waiver of the right to arbitrate should not be based on prejudice to or detrimental…

Limitation of Liability (and Consequential Damage Waiver) Clause Did Not Bar Claim for Bad Faith

USA - January 24 2022 Limitation of liability clauses have become more common in construction industry contracts over the past 10-15 years. Such clauses are quite common…

Subcontractor’s Right to Direct Payment from Public Authority

USA - January 21 2022 Subcontractors on public projects in Massachusetts have the right to seek payment directly from the awarding authority when the prime contractor has…

Natural Gas “Blows” Causing Explosion Were Not “Abnormally Dangerous Activity”

USA - January 15 2022 Almost twelve years ago, an explosion ripped through a power generation facility construction project in Middletown, Connecticut, known as Kleen…