Construction Law

Download as PDFPrint Image

Our Construction Law attorneys represent and advise project owners, developers, general contractors, construction managers, subcontractors, specialty trade contractors, design professionals, engineers and other consultants, lenders, material suppliers, and manufacturers in all phases of construction, from initial planning to project completion.

We practice regularly in the areas of land use and real estate acquisition, contract preparation and review, environmental law, business law and finance, construction litigation and dispute resolution, and labor and employment law. The breadth and experience of our construction attorneys gives our clients a tremendous advantage as they navigate the complexities of the construction industry.

Our construction attorneys are active and hold leadership positons in several local, regional, and national construction trade and civic organizations. Many of our attorneys have technical and in-house backgrounds. We understand the challenges our clients face on a daily basis, and our goal is always to provide the best value by obtaining successful results at reasonable costs.

The services provided by Mirick O’Connell’s Construction Law Group include:

  • Administrative Hearings
  • American Institute of Architects (AIA) License User
  • Bid Protests
  • Change of Orders, Extra Work
  • Construction Claims
  • Construction Contracts Drafting, Review Negotiation
  • Construction & Design Defects
  • Construction Finance, Insurance & Bonding
  • Construction Litigation & Appeals
  • Default & Termination Proceedings
  • Delay, Impact & Acceleration Claims
  • Design Delegation, Design Assist
  • Designer Negligence Claims
  • Designer Selection Laws
  • Emergency & Crisis Response
  • Employee Handbooks
  • Employee Investigations & Workplace Audits
  • Environmental Claims, Hazardous Materials
  • False Claims Act
 
 
  • Government Contracts
  • Governmental Investigations & Assessments
  • Indemnification Claims
  • Insurance Coverage
  • Labor Disputes, Harmony
  • LEED Certified
  • Licensing
  • Liquidated Damages Claims
  • Lost Productivity Claims
  • Mechanic's Liens
  • Mediation, Arbitration
  • OSHA Investigations
  • Payment Claims
  • Payment & Performance Bonds
  • Prevailing Wages, Wage and Hour Claims
  • Private Wages, Wage and Hour Claims
  • Private Real Estate Development
  • Project Delivery Method Selection, Assessment
  • Project Support & Dispute Avoidance
  • Public Bidding & Procurement
 

   

e-Alert: Update on COVID-19 Workplace Health and Safety Enforcement by OSHA and the Massachusetts Attorney General

[ read full story ]

Webinar: Reopening Massachusetts What Employers Need to Know About Phase 1: Start

[ read full story ]

PODCAST: Bob Kilroy discusses issues employers may face upon re-entry into the workplace during the COVID-19 Pandemic | Recorded 5.15.20

[ read full story ]

E-Alert: Considerations for Employers Resuming On-Site Operations During COVID-19

[ read full story ]

e-Alert: Treasury Department issues New Guidance on "Necessity" Certification for PPP Loan Recipients

[ read full story ]

PODCAST: Jonathan Sigel discusses re-entry into the workplace after the COVID-19 pandemic

[ read full story ]

David Fine quoted in Worcester Business Journal's article "Real estate industry reacting to short- and long-term consequences of pandemic"

[ read full story ]

PODCAST: Rich Van Nostrand discusses Diversity & Inclusion

[ read full story ]

PODCAST: Dave Fine discusses "COVID-19: Impact on Construction" | Recorded 4.17.20

[ read full story ]

PODCAST: Mike Refolo discusses Navigating your Business During COVID-19

[ read full story ]

e-Alert: Employee Benefits Tax Relief under the CARES Act

[ read full story ]

PODCAST: Nick Anastasopoulos discusses employer-union relations during COVID-19

[ read full story ]

WEBINAR: Latest DOL Guidance regarding Families First Act

[ read full story ]

PODCAST: Amanda Baer talks about the Emergency Sick Leave Act (3.25.20)

[ read full story ]

e-Alert: Tax Extension/ DOL Releases Poster of Employee Rights/Impact on Construction Industry

[ read full story ]

e-Alert: Long-term Care and Estate Planning/ Coronavirus Impact on the Workplace/ Construction Industry

[ read full story ]

Mirick O'Connell recognized as "Best Law Firm" for business by Worcester Business Journal

[ read full story ]

Jonathan Sigel interviewed by NECN - How to Prepare for Mass Equity Pay Law

[ read full story ]

Mirick O'Connell Ranked Largest Law Firm in Central MA

[ read full story ]

Mirick O'Connell Voted Best Law Firm For Business

[ read full story ]

David Fine co-authors "The 2017 A201 Deskbook," published by the American Bar Association

[ read full story ]

Jessica Murphy Receives Extraordinary Leader Award

[ read full story ]

Mirick O'Connell Voted Best Law Firm

[ read full story ]

Mirick O'Connell Featured in Worcester Telegram

[ read full story ]

Worcester Chamber Salutes Mirick O'Connell on 100 Years of Excellence

[ read full story ]

Mirick O'Connell Celebrates 100th Anniversary!

[ read full story ]

David Fine to Present Construction Contract Workshop

[ read full story ]

David L. Fine Elevated to Partner

[ read full story ]

14 Attorneys selected for inclusion in The Best Lawyers in America

[ read full story ]

Jessica Murphy Profiled by MetroWest Daily News

[ read full story ]

David Fine Authors Chapter of ABA Book, "Construction Subcontracting, A Comprehensive, Practical and Legal Guide"

[ read full story ]

The Coronavirus and Its Impact on the Workplace

03/11/2020[ read full story ]

Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

03/13/2020[ read full story ]

POSTPONED: Employment Law Conference 2020

04/16/2020[ read full story ]

Employment Conference 2020

04/16/2020[ read full story ]

Jessica Murphy presents at the January NAWIC Chapter Meeting, "Electronic Signature and Record Retention"

01/22/2020[ read full story ]

David Fine to Moderate MBA CLE Panel of Experts: The Revitalization of Worcester

06/12/2019[ read full story ]

David Fine to Moderate American Bar Association Webinar

10/25/17[ read full story ]

David Fine to Present at Northeast Security Systems Contractors Expo

05/22/2015[ read full story ]

Mirick O'Connell Sponsors Habitat for Humanity-MetroWest/Greater Worcester 'Women Build 2018'"

05/05/2018[ read full story ]

Mirick O'Connell Sponsors NAWIC Golf Tournament

06/14/2016[ read full story ]

Mirick O'Connell Sponsors Boroughs+ Economic Development Summit

01/26/2016[ read full story ]

Representative Matters

  • Successfully represented a college through all phases of financing and construction of a new Center for Global Innovation and Entrepreneurship, including grant requirements, bonding, compliance, contracts and project management.
  • Negotiated a favorable resolution for a general contractor in a multi-million dollar delay claim stemming from defective design documents and extended conditions in a multi-phased renovation and new construction of a hospital.
  • Successfully represented a municipality in complying with the Massachusetts Designer Selection Law in connection with the construction of a new public safety complex, including selecting an architect, negotiating and drafting AIA architect and general contractor agreements, and favorably resolving multiple disputes that arose during construction and after project completion.
  • Won summary judgment on behalf of a landowner against a developer who claimed that the parties had reached an agreement concerning the sale of land valued in excess of $5 million.
  • Successfully defended claims in excess of $2 million brought by a design-builder against an owner of a senior living facility, in connection with a $14 million construction project. The arbitration was a multi-party, complex case that spanned over 40 days of hearings.
  • Managed and coordinated efforts of multi-disciplinary team of architects and engineers to permit and develop a 104-bed assisted living facility, including obtaining zoning amendments and purchasing municipal property.
  • Managed and coordinated efforts of an institutional medical group’s real estate and facility phasing and re-organization, including leasing and regulatory requirements, design and construction contracts, and business advice.
  • Successfully represented a regional sewage treatment plant in review and approval of construction contract documents for a major renovation and expansion project.
  • Represented a private owner and a developer of residential and assisted-living facilities in negotiating and preparing a contract with a design-builder for construction of a new residential development.
  • Successfully represented a general contractor and its surety in defending claims on a payment bond brought by a specialty concrete subcontractor on a public works project involving renovation and build-out of a college dormitory.
  • Regularly prosecute and defend mechanics’ lien claims and surety bond claims.
  • Serve as general counsel to several leading general contractors, construction managers, subcontractors and specialty trade contractors.
  • Successfully prosecuted multi-million dollar claims for breach of contract and unfair business practices on behalf of a designer and builder of pollution control systems for power generation facilities.
  • Represented an institutional client in connection with its campus expansion plans, which involved working with MEPA, DCR and DEP to obtain the required approvals.
  • Regularly assist merit shop clients with union avoidance, organizing drives and elections.
  • Regularly represent unionized clients in labor grievances, arbitrations, unfair labor charges and contract negotiations.
  • Regularly assist clients with OSHA audits, jobsite inspections and citations.
  • Successfully tried a case before the Housing Appeals Committee for a developer client against a municipality for an affordable housing project under Massachusetts General Laws, Chapter 40B.

Important Update – The Impact of Coronavirus on the Construction Industry

Since our post on March 18, a lot has happened from both a health and regulatory standpoint as far as the impact from the outbreak of COVID-19 (“coronavirus”) on local and state construction practice.  Here is an update, as of …

[ load webpage to read more ]

The Impact of Coronavirus on the Construction Industry

The outbreak of COVID-19 (“coronavirus”) has impacted all industries, including construction.  First and foremost, we are in the midst of a public health crisis, and the safety and well-being of all project participants should be top of mind.  We are …

[ load webpage to read more ]

Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …

[ load webpage to read more ]

SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed

All zoning conformities are alike, to rephrase Tolstoy’s famous opening line, but each zoning-related injury is injurious in its own way. Such has been the time-honored tenant of Massachusetts law for abutter standing under the Zoning Act.  To successfully challenge …

[ load webpage to read more ]

PFAS Concerns Mounting for Cities and Towns as MassDEP Proposes Maximum Contaminant Level in Drinking Water

Many of our readers will be aware that on December 27, 2019, the Massachusetts Department of Environmental Protection (MassDEP) proposed a Maximum Contaminant Level (MCL) for PFAS in drinking water of 20 parts per trillion (0.02 ug/L or ppt) for six PFAS …

[ load webpage to read more ]

Building the Boroughs: A Year in Review

In 2019, Mirick O’Connell’s permitting attorneys were proud to help our clients, large and small, with local approvals in Marlborough for 6 great projects. Thank you to our clients and the City of Marlborough for a wonderful year! Click here …

[ load webpage to read more ]

Building on Lands Formerly Used as Railroad Right-of-Ways- An Amendment That May Simplify the Permitting Process

For the last forty-five (45) years, obtaining a permit to build any type of structure on any former railroad right-of-way in the Commonwealth of Massachusetts has been far from seamless. Massachusetts General Law c.40 §54A, enacted by the legislature in …

[ load webpage to read more ]

MassDEP Working on a Drinking Water MCL for PFAS

Several weeks ago, I posted that the Massachusetts Department of Environmental Protection (MassDEP) proposed a new groundwater standard for PFAS contamination under the Massachusetts Contingency Plan regulations (310 CMR 40.0000).  Public comment on the proposed regulations remains open through July …

[ load webpage to read more ]

Appearance of Bias Not Enough to Invalidate Appraisal – Unless the Contract Says Otherwise

When parties enter a contract involving an appraised value of real estate, they need eventual finality with respect to that appraised value, but they also want fairness in the appraisal process. In Buffalo-Water 1, LLC v. Fidelity Real Estate Company, …

[ load webpage to read more ]

BREAKING: MassDEP Announces Proposed Revisions to the Massachusetts Contingency Plan, Including a Reportable Concentration for PFAS at 20 ppt

The Massachusetts Department of Environmental Protection (MassDEP) announced proposed revisions to the Massachusetts Contingency Plan (310 CMR 40.0000).  This begins a 3-month public comment period that will end July 19, 2019, and will include four public hearings. According to MassDEP, …

[ load webpage to read more ]

EPA Issues Interpretive Statement: Groundwater Discharges are Not Subject to the Clean Water Act

In a not-so-stunning development, the EPA on Monday issued an Interpretive Statement putting to rest speculation on EPA’s position as to whether groundwater discharges are subject to federal jurisdiction under the Clean Water Act (CWA).  The answer:  “No.”  EPA’s 57-page …

[ load webpage to read more ]

Third Party Beneficiary Rights in Construction Contracts

Last week the United States District Court in Massachusetts issued an important decision concerning third party beneficiary rights in construction contracts.  In Arco Ingenieros, S.A. de C.V. v. CDM International Inc., Civil Action No. 18-12348-PBS, a design-builder incurred damages due …

[ load webpage to read more ]
 

Our Practices

×

For Important Legal Updates and Resources on the Coronavirus Click Here.