Publications
December 5, 2019 Article

Understanding the Contractor’s Consent: The Hidden Dangers in a Common Form

Construction Executive

At the start of a commercial construction project, lenders frequently request the "Contractor's Consent to Assignment" or "Contractor's Consent" forms from contractors. These contracts allow the bank to assume ownership of the project in the event that the owner defaults on the loan, allowing the bank to compel the contractor to finish the project. In this article for Construction Executive, Kenneth E. Rubinstein and Nathan Fennessy outline some of the clauses that contractor's should look out for including limitations on change orders and termination rights, waivers of mechanic's lien rights, waiver of unpaid amounts, and ability to sell and assign. 

Read the full article here

Firm Highlights

Publication

Massachusetts High Court Issues Important Ruling Impacting Prompt Pay Act

Earlier today, the Massachusetts Supreme Judicial Court issued an order in the matter of Business Interiors Floor Covering Business Trust v. Graycor Construction Co. Inc. This decision presents the high court’s first ruling clarifying...

Event

Solving Problems During the Construction Process

Understanding the variety of construction contracts available and the specifics of each is essential for protecting your project and legal interests. At this interactive Half Moon Seminars webinar, Preti Flaherty attorney John Cronan will...

Publication

Failure to Follow Your Contract's Notice Requirements Can be Costly

In Kinetic Systems, Inc. v. IPS-Integrated Projects Services, LLC et. al., No.: 20-cv-1125 (D.N.H. February 6, 2024), the U.S. District Court for the District of New Hampshire granted summary judgment for a general contractor...

Publication

Important Updates to American Arbitration Association Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) updated its Construction Industry Rules and Mediation procedures (AAA Rules), effective March 1, 2024, marking the first update since 2015. The updates are important because the AAA Rules are...

News

10 Preti Attorneys, 6 Practice Groups Honored in National Rankings

Ten Preti Flaherty attorneys and six practice groups have been selected by Chambers USA for inclusion in their premiere annual list of America’s leading lawyers. Preti is recognized for excellence in the practice areas...

Publication

Understanding the Impact of the FTC’s New Noncompete Ban on Your Construction Business

A few weeks ago, the Federal Trade Commission (“FTC”) attracted considerable media coverage when it issued its final rule banning noncompete agreements for workers in most circumstances and making existing noncompetes for the vast...