US Federal Court Judge Gorton (Dist. of Mass.) recently held that a general contractor could not make claim on a defaulting subcontractor’s performance bond until the general contractor formally terminated the defaulting subcontractor. The general contractor argued that terminating the …
COVID-19 and Contract Performance: May I Be Excused?
Despite the strict nature of this decision, Contractors with projects affected by COVID-19 may have a more convincing argument for impossibility. First, prime construction contracts (including the commonly used AIA documents) tend to expressly define the roles and expectations of Subcontractors, Designers and other non-parties upon whom the parties to the contract depend on to perform their obligations.
Mass. Appeals Court Re-Affirms General Liability Coverage for Damages Caused by Construction Defects
In a recent decision, All American Ins. Co. v. Lampasona Concrete Corp., the Massachusetts Appeals Court affirmed its long standing precedent that a contractor’s general liability insurance is (usually) liable for damages to overlaid material caused by a contractor’s improper …
New Location
I am proud to announce that we have moved to a new, larger location, thanks to all of our wonderful clients and excellent network of colleagues. Our new office is located in Needham Center at: 52 Pickering Street, 2nd …
Khan Recognized By Construction Lawyers Society of America
Sakib A. Khan, has been selected as an Associate Fellow of the Construction Lawyers Society of America. In addition to his business and contracts litigation practice, Sakib advises general contractors, subcontractors, architects, engineers, consultants and owners on construction-related issues. With …
Mass. Appeals Court: Employee Who Sued For Injury Wrongfully Terminated
A common legal complication arising out of Massachusetts construction injuries is a suit brought by the injured party against parties upstream to their employer–i.e. a subcontractor’s employee bringing suit against the general contractor. Massachusetts workers’ compensation law bars the employee …
New England Super Lawyers Names Sakib Khan as “Rising Star” for 6th Time
For the sixth time in seven years, Sakib Khan has been selected for the 2018 New England Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at …
Does Your Standard Subcontract Expose You to Unnecessary Liability?
By Sakib A. Khan, Esq. and Matthew W. Rossman Under Massachusetts law, unmodified, standard form subcontracts such as the AIA A401 can leave the general contractor unnecessarily exposed to potential liability for accident or injury. As the Massachusetts Supreme Judicial …
Non-Competes: Judge Sorokin Denies Drywall Co.’s Request for Injunction Against Former Asst.P.M.
In a case that is instructive in understanding when and where non-compete agreements may be enforceable in the construction industry, federal Judge Leo Sorokin denied Manganaro Northeast, LLC’s (“Manganaro”) request for an injunction against a former Assistant Project Manager (“APM”). …
Does The “Spearin Doctrine” Still Apply In An Integrated Project Design World?
In Coughlin Elec. Contractors, Inc. v. Gilbane Building Co., the Massachusetts Supreme Judicial Court asked whether participation in the design process negates a contractor’s common law Spearin doctrine protection. Subcontractor alleged that it suffered a forty-nine percent increase in labor …