Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly
Construction Law Zone
Current developments and recent trends in all areas of Construction Law
Construction Law Zone, published by Robinson & Cole LLP, focuses on legal issues related to construction projects and infrastructure development. The blog covers topics such as contract disputes, risk allocation in construction agreements, regulatory compliance including federal and state procurement rules, indemnification clauses, and recent court decisions affecting construction law. It also addresses changes in government regulations impacting construction practices, such as Buy America requirements and certification standards for disadvantaged business enterprises. The content is aimed at legal professionals, contractors, and stakeholders involved in construction and infrastructure projects, providing analysis of contractual, regulatory, and litigation matters within the construction industry.
Latest from Construction Law Zone - Page 3
Massachusetts Affordable Homes Act Provides New Opportunities for Owners, Developers, and Contractors
On August 6, 2024, Massachusetts Governor Maura Healey signed the Affordable Homes Act (the Act) into law. The Act aims to counter the rising cost of housing in the commonwealth by implementing new policies and providing funding for the construction…
Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit
By Bill Wilson
The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the Washington Bridge, which carries I-195…
New York’s Highest Court Weighs in on N.Y. Labor Law
By Bill Wilson
N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction site and establishes a violation…
Lawsuit Gives Teeth to Massachusetts Pay Law
Below is an excerpt of an article published in ENR (Engineering News-Record) on August 7, 2024.
“The Massachusetts Legislature passed the state’s Prompt Pay Act 14 years ago to improve the downstream flow of money on most large-scale private construction…
Attorneys’ Fees and the American Arbitration Association Rule
By Bill Wilson
A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not…
Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision
By Bill Wilson
In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a subcontractor’s delay…
EEOC Builds on Best Practice Guidance Regarding Harassment Within the Construction Industry
This post was co-authored by Abby M. Warren and Christohper A. Costain who are members of Robinson+Cole’s Labor, Employment, Benefits + Immigration Group.
In June 2024, the Equal Employment Opportunity Commission (EEOC) issued guidance tailored to the construction industry…
Connecticut Reverses Course for Construction Managers on School Projects
On June 6, 2024, Connecticut Governor Ned Lamont signed into law Public Act 24-151 (H.B. 5524) (Bill 5524). Bill 5524 authorized and adjusted bonds of the state and provisions related to state and municipal tax administration, as well as addressed…
Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court
Earlier this year, the Associated Subcontractors of Massachusetts hired Robinson+Cole attorney Joseph Barra to submit an amicus brief to the Massachusetts Supreme Judicial Court for consideration in the appeal pending before it in Business Interiors Floor Covering Business Trust v.