Complex Commercial Litigation is Challenging, but the Business Litigation Session Can Make it Easier

Whether your business is the plaintiff, seeking to protect its trade secrets, or the defendant, fighting off a complicated breach of contract claim, a lawsuit can quickly grow to become a “bet the company” event.  Litigation is an expensive and unwelcome distraction from your money-making activities.  It is also […]

May 17th, 2021 - 3:00pm|Categories: Articles & Publications, Business Litigation|

Reservation of Rights Letter…The Insurer’s Prenuptial Agreement with its Insured

When an insurance company agrees to defend you, but reserves the right to disclaim coverage ― you can hire your own counsel and the insurer, not you, must pay for that counsel.

More specifically, in determining whether to head into a relationship with its insured once a claim has been filed, an […]

March 25th, 2021 - 12:28pm|Categories: Construction and Real Estate Development|

Rise of the Machines- How Technological Innovation has shaped the future of the Construction Industry

The construction industry—like many other industries—have been faced with significant challenges surrounding how to safely operate and meet project deadlines amidst daily uncertainties and strict government regulations imposed due to the COVID-19 pandemic.

Adjusting to the “new normal” has forced many design and construction firms to leave behind legacy project management systems […]

February 19th, 2021 - 12:51pm|Categories: Construction and Real Estate Development|

Design and Construction Defect Claims Seldom Offer Obvious Allocations of Liability

Design and construction defect claims seldom offer obvious allocations of liability.  Thus, it is critical for to have an in-depth knowledge and understanding of all concepts to be investigated. Prior to any analysis of the merits of the claim is performed, it is important to ensure that several critical steps are […]

February 19th, 2021 - 12:46pm|Categories: Construction and Real Estate Development|

Construction Contingency Clauses

Construction contingency clauses fund events or factors that arise during the course of a project. What constitutes a “contingency”, the process for releasing contingency funds, and how the residual contingency funds are distributed are often heavily negotiated.

The Owner and Contractor must negotiate the factors or events constituting a contingency.  They often involve […]

February 19th, 2021 - 12:31pm|Categories: Construction and Real Estate Development|

Business Litigation Session Judge Dismisses Restaurants’ Covid-19 Claims Against Insurance Carrier

Courts have begun issuing decisions concerning insurance coverage for Covid-19 claims.  Kenney & Sams anticipated back in March 2020 that insurers would likely deny business interruption insurance claims related to Covid-19 because such policies generally require evidence of a direct physical loss to property to trigger coverage.  The Suffolk County […]

February 16th, 2021 - 12:35pm|Categories: COVID-19|

Construction Law Update: Massachusetts Superior Court Issues Order Strictly Enforcing the Massachusetts Prompt Pay Act, G.L. c. 149, § 29E

In a recent decision, the Massachusetts Superior Court awarded a $4,000,000 judgment to a general contractor for breach of contract where the project owner failed to strictly adhere to the requirements of the Massachusetts Prompt Pay Act, G.L. c. 149, § 29E in response to the contractor’s payment requisitions.  Although […]

January 15th, 2021 - 1:19pm|Categories: Construction and Real Estate Development|

Discrete and Separate Condominium Buildings Considered “Improvements” Under Massachusetts Statute of Repose

In a recent decision, the Massachusetts Supreme Judicial Court held that the Massachusetts six-year statute of repose (G.L. c. 260, § 2B) is not tolled until the entire multi-unit condominium development is finished. The plaintiffs had brought a claim for construction defects in the common areas of the development. The SJC answered […]

November 20th, 2020 - 11:54am|Categories: Articles & Publications|

Two Sneaky Clauses That Present Unanticipated Risks

Line Item Guarantees


Virtually everyone in the construction industry believes line items in cost-plus contracts do not constitute individual guarantees.  By and large, this belief is correct.  However, those provisions are often stricken and their protection should never be presumed. 


Both the A102-2017 § and the A133-2019, § expressly provide […]

November 20th, 2020 - 11:50am|Categories: Articles & Publications|