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Image by Vektor Kunst iXimus from Pixabay The rapid onset of the novel Coronavirus (COVID-19) is impacting every sector of the economy, and posing special challenges for construction projects as Owners and contractors face the prospect of workforce shortages, supply chain backups, workplace safety concerns, and even government shutdowns.  Although the issues will vary based on the particular circumstances of each project, below are the key factors that both contractors and owners need to address…
Image by Vektor Kunst iXimus from Pixabay The rapid onset of the novel Coronavirus (COVID-19) is impacting every sector of the economy, and posing special challenges for construction projects as Owners and contractors face the prospect of workforce shortages, supply chain backups, workplace safety concerns, and even government shutdowns.  Although the issues will vary based on the particular circumstances of each project, below are the key factors that both contractors and owners need to address…
Appeals Court Decides This Could Make a Big Difference. Those involved in construction litigation take note – the Appeals Court has clarified that the Statute of Repose, which bars design and construction claims after 6 years, does not apply to claims for failure to maintain equipment.  In the recent case of Penn-America Insurance Company v. Bay State Gas Company, the Court distinguished the plaintiff’s claim that defendant failed to maintain the natural gas lines from…
Appeals Court Decides This Could Make a Big Difference. Those involved in construction litigation take note – the Appeals Court has clarified that the Statute of Repose, which bars design and construction claims after 6 years, does not apply to claims for failure to maintain equipment.  In the recent case of Penn-America Insurance Company v. Bay State Gas Company, the Court distinguished the plaintiff’s claim that defendant failed to maintain the natural gas lines from…
image credit: igorstevanovic A recent bid protest decision from the Office of the Attorney General’s Bid Protest Unit (AG) provides guidance on the limits of a municipality’s discretion to reject a bid based on negative references obtained from outside of the bidder’s proposal. The AG’s decision involved a procurement for paving and catch basin work by the Town of Mashpee, who rejected the lowest bidder, M.C.E. Dirtworks, Inc. based on a negative reference from a…
image credit: igorstevanovic A recent bid protest decision from the Office of the Attorney General’s Bid Protest Unit (AG) provides guidance on the limits of a municipality’s discretion to reject a bid based on negative references obtained from outside of the bidder’s proposal. The AG’s decision involved a procurement for paving and catch basin work by the Town of Mashpee, who rejected the lowest bidder, M.C.E. Dirtworks, Inc. based on a negative reference from a…
  image credit: Trevor King The Massachusetts Supreme Judicial Court this week handed down a ruling with wide-ranging implications for contractors and owners alike.  The case involved a dispute between G4S Technology LLC (“G4S”) and Massachusetts Technology Park Corporation (“MTPC”), a state development agency charged with building a 1,200-mile fiber optic network to connect the state’s western and north-central nether regions.  After a public bid, G4S was hired as the design-builder for the $45.5 million…
  image credit: Trevor King The Massachusetts Supreme Judicial Court this week handed down a ruling with wide-ranging implications for contractors and owners alike.  The case involved a dispute between G4S Technology LLC (“G4S”) and Massachusetts Technology Park Corporation (“MTPC”), a state development agency charged with building a 1,200-mile fiber optic network to connect the state’s western and north-central nether regions.  After a public bid, G4S was hired as the design-builder for the $45.5 million…
  image credit: jvoves On June 4, after two years of litigation, a California jury ordered the Los Angeles Department of Water and Power (the “Department”) to pay a power plant contractor $45 million for delays and related damages the contractor suffered in connection with a project to construct a combined cycle plant for the Department. The project, known as the Scattergood Unit 3 Repowering Project, began in April 2013, with an initial cost of…
  image credit: jvoves On June 4, after two years of litigation, a California jury ordered the Los Angeles Department of Water and Power (the “Department”) to pay a power plant contractor $45 million for delays and related damages the contractor suffered in connection with a project to construct a combined cycle plant for the Department. The project, known as the Scattergood Unit 3 Repowering Project, began in April 2013, with an initial cost of…