Claimants Need Not Record Complaints to Enforce Lien Dissolution Bonds Under G.L. c. 254 § 14
In a recent decision, the Supreme Judicial Court of Massachusetts (SJC) has held that a contractor seeking to enforce a lien dissolution bond under G.L. c. 254 § 14 need not record an attested to copy of its complaint with the Registry of Deeds. In City Electric Supply Co. v. Arch Insurance Co., the SJC vacated a decision of Norfolk Superior Court—refusing to apply the recording requirement of G.L. c. 254 § 5 to G.L. c. 254 § 14. The plaintiff in City Electric supplied electrical materials for a project
Anthony Leonard joins Elaine Construction as Project Executive.
Leonard brings almost three decades of experience, drawing from a diverse background which includes serving in the US Army Reserves, and nearly two decades on the Owner’s side, for Liberty Mutual Insurance. His experience with, infrastructure, major capital improvements, utilities and MEP projects, and the management of a large team of professionals, makes him well suited for his role as Project Executive. “Tony’s deep understanding of the Client’s perspective, coupled with his hands-on knowledge of the
Virtual Design & Construction Practice Guide | Alicia Cox, VDC Manager, Jack Moran, LEED AP, Manager of VDC Services Consigli Construction Company
The use of Virtual Design and Construction (VDC) technologies is an increasingly integral part of design and construction practices. While the use of Building Information Modeling (BIM) and other VDC technologies have been standard practice at Consigli for more than ten years, new technologies and applications are continuously emerging – some are good, and others are solutions looking for a problem. Companies must develop a process to research and evaluate the value of these new tools on an ongoing
Subcontracting Comment – Using Master Subcontracts as One Part of a Strong Partnership with Subcon | Paul James, Sr. V.P. Risk Management & General Counsel, BOND
One of the most fundamental features of operating as a general contractor or construction manager (GC/CM) involves use of a wide variety of types and formats of contract agreements needed to deliver a project. Starting with the prime agreement with the project owner there are typically many subsidiary agreements with the various parties we contract with to fulfill our obligations to the owner. These parties range from consultants and service professionals to material and equipment suppliers and various
Is Integrated Project Delivery the Right Fit for the Next Project with Your Trusted Business Partner? | Joubin Hassanein, Director, IPD & Lean Practice Shawmut Design & Construction
The ancient master builder was considered a design-build individual. The master builder was an oracle of the sciences, arts, crafts, and all things related to the build environment. In the 1900s, the master builder role split into two distinct roles: (1) the architect who was responsible for design only, possessing limited knowledge on how buildings were really built and (2) the contractor who was solely responsible for construction with very little understanding of design. Partially due to this
Daily Huddles Lead to Successful and Safe Projects | Bob Kunz, Corporate Safety Director Dimeo Construction Company
A multitude of reasons account for differences in safety, productivity, and quality in the building construction industry. Factors include schedule, complexity of design, weather, availability of an experienced, knowledgeable and skilled workforce, and the jobsite safety climate. An effective tool to manage the downstream effects of these impacts on safety, schedule, and budget is the daily huddle. The incorporation of daily huddles into the daily work tasks of field management is an effective way to
Emil Frei, Founder & CEO, Berkeley Building Company receives Award of Appreciation
On December 5th Berkeley Building Company Founder & CEO Emil Frei received a special award of appreciation in recognition of his leadership on the CLC’s annual service day project at the Saint Mary’s Center for Women and Children. The 2018 Service Day project was a significantly larger and more complicated undertaking then in years past. Instead of freshening up worn areas of the shelter, which supports 700 women and children annually, this year’s project saw the CLC completing a gut renovation of a
AGC MA Launches Risk Forum
This past September, the AGC MA Risk Forum held its third meeting of 2018and the Forum is quickly becoming an essential meeting ground for AGC MA members who manage risk within their organizations. The Forum, chaired by Preti Flaherty’s Ken Rubinstein, was created to be a place where AGC MA members involved in legal, risk management, and safety could come together for an open exchange of ideas on the risk landscape in the modern construction industry. Topics presented in the Forum meetings include “Cyber
Mitigating the Risk of Residential Construction | Tyler Oaks, Sr. Account Executive, Construction Risk Partners
It’s no secret that the residential sector has been one of the driving forces behind New England’s recent construction boom. The continuous urbanization movement making cities like Boston more habitable have given rise to countless apartment and condominium projects. Although all projects regardless of size and scope warrant careful risk management considerations, residential work can be particularly challenging. The insurance marketplace generally views residential risk as unfavorable driven primarily
Planning for the Future: Today’s Strategies on Improved Material Procurement Processes | Chris Karian, Project Manager, Walsh Brothers, Inc.
The person in charge of material procurement and submittals lives in the future. When I am that person, I think about steel while site work is ongoing, I worry about millwork while MEP rough is being performed, and I work to stay numerous steps ahead at all times. And, it does not end there. Once everything is released and starts arriving on site, I sometimes have flashbacks about all the hurdles I jumped through months before. Not everyone enjoys this fortune telling work. A superintendent I sometimes
Navigating the Change Order Process Through the Eyes of an OPM | Christy Murphy, Senior P.M., Compass Management Inc
We have all seen the picture of the dinghy named “Original Contract” attached to the yacht named “Change Order”. Throughout the history of construction, there are likely many instances where this has been the case, but it doesn’t necessarily mean that it was unjustified or even an overly inflated change order value. The truth is that change orders are a necessity in construction contract administration and are born out of a variety of situations and reasons. As an OPM, we see it as a critical part of our
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A Message from the Editor, 2nd Edition | Tom Dunn, Construction Lawyer, Pierce Atwood, LLP
Deliberative Communication is the theme of this edition of AGC’s Building Best Practices publication. We all have our routines, specialty areas, comfort zones, and standard forms/practices, but what happens when we or our employees travel outside those lanes or when we lose even a momentary focus within them? Maintaining a spirit of continuous learning, improvement, and awareness throughout the construction process on each job we tackle helps us stay in the moment and engage with other members of the
AGC MA Honors 34 Members Achieving Excellence in Safety
On June 22nd, 2018, AGC MA held its annual Safety Breakfast, sponsored by AON Construction Services Group at the Westin Copley to honor 34 members achieving excellence in safety for work completed in 2017. Congratulations to all the winners! The National Safety Award recognizes firms that have developed and successfully implemented industry-leading safety standards across its portfolio of work. The award program incentivizes construction firms to evaluate and improve existing safety standards. In
A Message from the Editor, 1st Edition | Tom Dunn, Construction Lawyer, Pierce Atwood, LLP
I am thrilled to contribute to the AGC’s Building Best Practices and honored to write in the inaugural edition. Our goal with this quarterly newsletter is to share the best practices developed by our members and to propose new strategies or ideas to improve the construction industry in Massachusetts. Whether done through case studies, tips, articles, or sample documents, it is our intention to spark an increased dialogue about ways we can improve construction processes for AGC MA members. Our
10 Tips Construction Companies Should Know About Crisis Communications | Susan Shelby, FSMPS, CPSM, President & CEO, Rhino Public Relations
Construction firms designate time and resources to safety programs, equipment, and coordinators, yet often neglect to plan for how to handle a crisis. Even with safety precautions and good business practices, accidents happen. How would you respond to a reporter asking about a construction incident involving your company? A crisis or unexpected event that focuses media attention on your firm can be disruptive to normal business operations and have a real or perceived negative impact upon your company.
Individual Improvement Through Collaboration | Jason Edic, Director of Environmental Health & Safety, Lee Kennedy, Co
Should a construction manager or general contractor ever pose the following question to a subcontractor – ‘How can I, as a CM, improve your company’s safety?’ – the answer would likely take some serious thought. Answering this question requires a construction manager (for the purposes of this article, the term construction manager will be synonymous with general contractor) to walk in the shoes of their subcontractors, as well as the trade people that build the project. Here’s the problem: despite the
SNAPSHOT in TIME: The Daily Report | Jackie Falla, Director of Client Services, Elaine Construction
If you’ve ever been tasked with reading or writing a daily report, it may not rank high on your excitement meter. Perhaps, so was reading Shakespeare in high school, as it is often difficult for students to find the relevance of the ancient script to their 21st century existence. Yet, as we all eventually learn, Shakespeare’s writings contain timeless themes that have an undeniable lasting impact. So too are those of the daily reports. Not designed for their poetic delivery of information, they are no
If You Didn’t Notice It, It Can Cost You | John Sheridan, Executive Director, PMA Consultants, LLC
When a potential change on a project is discovered, reviewing the contract documents is often not the contractor’s first step. A contractor is typically inclined to focus its attention first and foremost on solving the problem. However, it is important to recognize that most contracts contain provisions requiring certain steps be taken by any contractor or subcontractor who intends to assert a claim for extra work. For example, notifying the appropriate designated representative within a specific time frame
CASE STUDY: Automated Guided Vehicle (AGV) Parking Garage at 110 Broad Street | Dan Connolly, Project Manager, Commodore Builders
Have you ever worked on a postage stamp of construction site?At 110 Broad this concept takes on a whole new meaning. With limited space, approximately 110,000sf to be exact, we had the challenge of building 36 luxury condo units with 3,500sf of commercial space on the ground level. The challenge came when we had to find a way to provide a parking solution to accommodate 48 spaces. It required the team to get innovated, dig deep (literally) and come up with the best and most unique solution – an automated
G4S Technology LLC v. Massachusetts Technology Park Corporation
In a case closely watched by the construction industry, the Massachusetts Supreme Judicial Court (“SJC”) has overturned a Superior Court’s decision barring any recovery by the general contractor G4S (the “General”) against the project Owner because the General had intentionally and falsely certified that subcontractors had been timely paid when they had not. Although the decision overturns case law going back over 100 years that strictly limited the circumstances under which a contractor can recover for
Gilbane’s Michael O’Brien Named Board Chairman of Associated General Contractors of Massachusetts
Michael O’Brien, vice president and Massachusetts operations manager of Gilbane Building Company was named 2018-2020 Board Chairman of the Associated General Contractors of Massachusetts (AGC MA) at the organization’s 82nd Annual Meeting at the Wequassett Inn on May 4. Mike previously served as 2016-2018 Vice Chairman of the Board. AGC MA is an 83-year old not-for-profit trade association, comprised of 200 CM/GC’s, Subcontractors and Service Providers who perform the majority of the commercial,
Prevailing Wage Basics from the Office of the Attorney General
The Massachusetts prevailing wage laws require that covered employees on public works projects be paid a minimum hourly rate set by the Department of Labor Standards (DLS). The prevailing wage laws apply to both union and non-union employers/employees. See G.L. c. 149, §§ 26-27H. Below is a list of some basic prevailing wage requirements. The list is not exhaustive, and failure to comply with these laws can result in significant civil penalties or potential criminal enforcement. It is important that
AGC MA Invited to the White House!
AGC MA is thrilled to announce Fran Colantonio, Chairman & CEO, Colantonio, Inc., AGC BOD Vice Chair and Stacy Roman, Sr. PM, Commodore Builders, BWiC Chair, were recently nominated by the Charlie Baker Administration for their leadership efforts in STEM education and bringing a critical perspective towards aligning State and Federal STEM policies and programs. The official invitation to attend the State-Federal STEM Summit in Washington D.C. hosted by The White House Office of Science and Technology
AGC MA Meets with DCAMM Leadership
A delegation from the AGC MA Chapter 149A Task Force met with DCAMM Commissioner Carol Gladstone and a number of her staff on April 6 to discuss a wide range of issues impacting CM’s and Subcontractors. At the meeting, AGC representatives were informed of key structural and staff changes at the agency. Key Topics discussed were: Status of DCAMM’s Disparity Study: Brian McPherson, new Director of Access & Opportunity reported that the draft of the Study is almost completed, but that the window for
Support AGC MA’s Legislative Efforts by Contributing to the AGC MA PAC
Over 7,000 bills are filed for each two-year election cycle on Beacon Hill by competing interest groups. The AGC/Mass PAC (Political Action Committee) was created to advance AGC’s legislative agenda to advance & protect your interests at the State House. Specifically, the AGC/Mass PAC: Enables AGC to contribute to candidates who support AGC’s legislative agenda on Beacon HillEnables AGC Staff and Lobbyist access to key legislators and their staff at political fundraisersEnables AGC to secure follow-up
