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Image by Free-Photos from Pixabay Owners and their project representatives need to strictly adhere to the Massachusetts Prompt Payment Act’s requirements or risk losing their right to dispute payments to contractors, according to a new Superior Court decision.  In Tocci Building Corp. v. IRIV Partners, LLC et al. (Nov. 19, 2020, Super. Ct. No. 19-405), the Court clarified the contractor’s remedy for Owner violations of the Prompt Payment Act (the “Act”), G. L. c. 149,…
The Act Enabling Partnerships for Growth that Governor Baker signed (with some specific vetoes) on January 14 has several provisions affecting municipal zoning.  Foremost among these are provisions mandating density and the Housing Choice provisions.  All of the provisions discussed here are effective immediately. Zoning Near Transit The Act requires all “MBTA Communities” to create a multi-family housing district.  All the towns for which Anderson & Kreiger is Town Counsel are MBTA communities, including those…
Image by Alexey Hulsov from Pixabay On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021, H.R. 133 (the “2021 Appropriations Act”).  The President signed the legislation on December 27.  The 2021 Appropriations Act authorizes $2.3 trillion in federal spending, including a second round of aid for airports and the air transportation industry in response to the massive decline in air traffic during the COVID-19 pandemic.[1] Aid to Airports The 2021…
In D’Allessandro v. Lennar Hingham Holdings, LLC, SJC-12891, 2020 WL 6438937 (Mass. Nov. 3, 2020), the Supreme Judicial Court held that the statute of repose starts running more quickly for litigants in condominium developments than previously established. All claims against contractors, designers, or engineers of such condominiums are now barred 6 years after the issuance of a certificate of occupancy for the particular location of the alleged defect, regardless of when the rest…
image credit: moolanomy Contractor Not Covered Under Subcontractor’s Policy For Claim By Subcontractor’s Employee. The rules for interpreting a contract, including an insurance policy, require a court to give meaning and effect to every word whenever practicable.  That principle is illustrated by a recent case, Phoenix Baystate Construction Co., Inc. v. First Financial Insurance Company, Massachusetts Appeals Court No. 19-P-743 (Memorandum and Order Pursuant to Rule 1:28, May 18, 2020), in which the use…
image credit: moolanomy Contractor Not Covered Under Subcontractor’s Policy For Claim By Subcontractor’s Employee. The rules for interpreting a contract, including an insurance policy, require a court to give meaning and effect to every word whenever practicable.  That principle is illustrated by a recent case, Phoenix Baystate Construction Co., Inc. v. First Financial Insurance Company, Massachusetts Appeals Court No. 19-P-743 (Memorandum and Order Pursuant to Rule 1:28, May 18, 2020), in which the use…
Image by Free-Photos from Pixabay. Wading into a dispute about the Clean Water Act’s applicability to groundwater discharges, the Supreme Court handed environmentalists a somewhat surprising victory in County of Maui v. Hawaii Wildlife Fund.  However, the lower courts, EPA, and the regulated community will have many opportunities to shape the significance of the decision. Decision Summary:  The majority reaches a compromise on the regulation of groundwater discharges. The County of Maui’s wastewater treatment…
Image by Free-Photos from Pixabay. Wading into a dispute about the Clean Water Act’s applicability to groundwater discharges, the Supreme Court handed environmentalists a somewhat surprising victory in County of Maui v. Hawaii Wildlife Fund.  However, the lower courts, EPA, and the regulated community will have many opportunities to shape the significance of the decision. Decision Summary:  The majority reaches a compromise on the regulation of groundwater discharges. The County of Maui’s wastewater treatment…