Massachusetts SJC, when asked to affirm an order of the DPU, instead sent the matter back.  The Court (NSTAR v DPU 462 Mass 381) couldn’t tell if the order in question was supported by sound reasoning or not.  The agency hadn’t supplied the facts or rationale for its decision in approving complex agreement to settle… Read More

Comprehensive standards for elements of Building Information Modeling were recently updated and published at  They propose a plan for everyone to agree on transmitting, preserving and updating information and a dictionary of nouns and adjectives for building elements. Even as participants unify on standards for terminology and BIM uses, a problem remains with contracts… Read More

Subcontractors can bring claims after their work is done in Massachusetts. Alert contractors will have a 30 day window to give a good response in writing.  Proper documentation of problems is more important than ever.… Read More

More and more states have passed laws prohibiting agreements that require someone to answer a claim entirely caused by the person seeking reimbursement or indemnity. It has been standard in construction to push risks onto other parties who then get insurance for those exposures. The new laws prohibiting these formerly common provisions, have created uncertainty… Read More