Category Archives: Construction Law

Mitigation of Construction Defect Litigation- Top 10 Construction Contract Issues

When negotiating a construction contract with a general contractor (GC), the owner/developer should be aware of, and address, a number of issues to attempt to mitigate or limit the risk of construction defect litigation for a residential project, including multi-family and for-rent residential apartment and senior housing projects. The standard forms of construction contract—such as …

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Developer-in-Chief: How the New U.S. President May Affect the Construction Industry

Even before the start of Donald J. Trump’s presidential campaign, the Trump brand was in lights across the nation. From the original Trump Tower in New York City to the Trump International Hotel in Las Vegas, it is a name, a brand and a font recognized by nearly everyone. Long before his inauguration, the new …

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Letters of Intent in Construction Project Negotiations–Pt 2

In our last post, we began speaking about letters of intent and their use in negotiating the terms of construction projects. As we noted, letters of intent are not contracts, but courts do sometimes enforce them as binding, depending on what the parties intended by the document. In cases where it is evident that both …

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Letters of Intent in Construction Project Negotiations–Pt 1

Anyone who works in the construction industry knows how important it is for everybody to have the same understanding about the terms of a project, including the materials needed, deadlines to be met, and the procedure for resolving disputes. Without a reasonable degree of certainty about these things, there is always the risk that something …

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What You Need To Know: Boston and Cambridge Energy Use Disclosure Ordinances

On July 28, 2014, Cambridge, Massachusetts enacted an energy use disclosure ordinance, joining Boston and several other cities.  The Cambridge ordinance is similar to its Boston counterpart, but contains several differences.  Property owners in each municipality should be familiar with these ordinances. 1.  Properties Covered By Each Ordinance Cambridge: Municipal buildings of 10,000 square feet …

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Recent Changes to the Law of Private Construction Contracts – Your Government is Here to Help You Again – Massachusetts

As part of the end-of-session rush at the Massachusetts General Court this summer, significant changes were made to Massachusetts law governing private construction contracts at the urging of general contractor and subcontractor industry groups. Members of the development and lending community were largely taken unaware as the bill moved forward, and unsuccessfully attempted in the …

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Miami Building Permits: Use of Phased Permits on the Rise

As cranes tower over Miami in the post-recession development upswing, developers are once again using phased permits to expedite construction while awaiting approval for building permits. Section 105.13 of the Florida Building Code authorizes the issuance and use of phased permits throughout the state at the discretion of building officials. Developers in Miami and Miami Beach are …

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Economic Impact of Homebuilding and Remodeling

Blocked streets, noisy construction and unwelcome trash can be just a few of the inconveniences that come along with a neighbor’s new home construction or home remodeling. However, a report released in early May by the National Association of Homebuilders (NAHB) confirms that for the overall good of the nation’s economy, some of these inconveniences may be …

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Study: Diluted Bitumen Poses No Greater Risk of Release from Pipelines than Conventional Crude Oil

A new study released June 25, 2013, has found that diluted bitumen – a thick blend of Canadian crude oil derived from oil sands, a/k/a “dilbit” – presents no heightened risks of transport through pipelines in comparison to other types of crude oil. The study, conducted by the National Academy of Sciences (NAS) and sponsored …

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Bridge to Prosperity: New Bridge Between U.S. and Canada Approved

Michigan farmers are among legions of organizations expressing gratitude now that a new bridge between the U.S. and Canada has been approved by the Obama Administration, setting the stage for a sharp increase in trade between Michigan and Canada. The presidential permit awarded by the State Department April 12 clears the way for construction to …

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