The Massachusetts Appeals Court recently shed light on the parameters of “no damage for delay” clauses in Central Ceilings, Inc. v. Suffolk Construction Company, Inc. The March 29 decision is a “must read” for everyone drafting construction contracts to ensure the language used comports with the intended result. Before diving into the facts of that case,...

The Providence Zoning Board of Review’s decision to approve master and preliminary plans for an extended-stay hotel was not arbitrary, capricious or clearly erroneous, a Superior Court judge has ruled. Neighbors of the proposed redevelopment in Providence objected to the project, arguing that it was incorrectly zoned as an extended-stay hotel when it more accurately...

As seen in the New England Real Estate Journal , June 17 – 23, 2016 edition. For those who negotiate construc­tion contracts, we know some terms are much harder to negotiate than others (e.g., indemnity clauses, no damage for delay, warranties, assignment rights, etc.). Invariably, however, one of the toughest terms is the liquidated dam­age clause. In...

As it appeared on May 26, 2016 on the ABA website, Section of Litigation Commercial & Business  Practice Points. One question faced by creditors of a consumer debtor in bankruptcy is how to reach what is often their most valuable asset, their home. The Bankruptcy Code and state laws provide exemptions for property—or for up...

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