Publications
July 9, 2018

Construction Alert: Massachusetts High Court Rules that Contractor Can Pursue Claims Despite Contractor’s Own Breach

In a ruling last month, the Massachusetts Supreme Judicial Court ruled that a contractor’s material breach – even an intentional breach – will not necessarily prevent the contractor from recovering for work that they performed.  In G4S Technology LLC v. Massachusetts Technology Park Corp, the Court stated,

We thus conclude that in evaluating the contractor’s good faith and right to recover under quantum meruit, we must consider the parties’ actions, the different contractual breaches and the damages they caused, and most importantly the value of the project provided as compared to the amount paid for that work.  We must, in the end, balance the equities and produce a just result.

This ruling overturned decades-long precedent, which had previously held that contractors may not sue for payment absent strict compliance with the contract’s requirements. 

For more information, contact Kenneth E. Rubinstein, co-chair of Preti Flaherty's Construction Law Group at [email protected].

Firm Highlights

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COVID-19 and Contractual Non-Performance

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Contractor's Guide to Mitigating Risks in the AIA A201-2017 General Conditions

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Preti Flaherty COVID-19 Resources

In response to the ongoing COVID-19 pandemic, Preti Flaherty's attorneys have maintained a constant stream of the most up-to-date information and resources for our clients, business partners, and others struggling to navigate these complex...

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Construction Alert: Gov. Baker Clarifies Massachusetts Construction Requirements and Possible Future Impacts for New Hampshire

The state of construction in Massachusetts continues to evolve as Governor Baker issued another order yesterday tightening  the list of types of construction that are allowed to proceed  as "essential services." Under the new...

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Litigation and Arbitration Venue Provisions in Construction Contracts: When and How They Work

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Lien Waivers: Understanding the Risks in a Common Form

Lien waivers assure owners that once payment has been made to a contractor, or subcontractor, that contractor cannot obtain a mechanics' lien for that money at a later time. In this article for  Construction Executive , Kenneth...

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Owner's Guide to Mitigating COVID-19 Risks in the AIA A201-2017 General Conditions

While the AIA A201-2017 is generally a well-understood contract, COVID-19 presents new logistical and economic risks that can leave owners at risk unless edits are made. This guide focuses on changes to the AIA...

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NH Gov. Sununu Issues Stay-At-Home Order - Construction Considered Essential Industry

Yesterday, in response to the COVID-19 outbreak, New Hampshire Governor Chris Sununu issued an emergency order shuttering all non-essential businesses in the state effective today. This morning, the governor's office released a list of...

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Contractor's Guide to Mitigating COVID-19 Risks in the AIA A201-2017 General Conditions

The COVID-19 pandemic has presented new risks and challenges that will affect construction projects for years to come. This business level summary provides specific recommended edits that contractors and construction managers should consider when using...