For Massachusetts construction contractors and property owners, protecting their investment in a building or remodeling project is an important concern, especially when disputes arise. The law office of Curran & Desharnais, P.C. in Weymouth provides representation for general contractors, subcontractors, individuals and property owners throughout Massachusetts in a variety construction and contract law matters.
Construction law in Massachusetts contains numerous traps for the unwary. Simply put, construction law can be complicated, and common-sense solutions are sometimes wrong. Contact a skilled construction law attorney at Curran & Desharnais, P.C. today to discuss your legal concerns regarding:
- Construction contract negotiation
- Construction payment disputes
- Construction performance and construction delay disputes
- Homeowner vs contractor disputes
- Filing a mechanic's lien
- Bond claims
- Non-payment for materials or labor
- Defective workmanship or materials
- Builder warranty claims
In the world of construction, that one “bad job” can result in disastrous consequences that can affect business operations for years. Questions that often arise include payment disputes. Contractors often rely on payments from the general contractor, or the owner, to pay their own suppliers and subcontractors, so when a payment dispute arises, things can begin to unravel quickly. In these circumstances, contractors and subcontractors must be vigilant about making sure payments are being made promptly and when they are not, contractors must take action to protect their rights.
There may also be situations where a contractor or subcontractor has been delayed in performing their work, which can result in substantial cost increases and expenses that were not anticipated when the contractor bid the work. In Massachusetts, absent a contract provision or applicable statute limiting or preventing recovery for damages from a delay, delay damages are generally a compensable form of recovery. Many times, a contractor’s ability to recover costs or damages for delays will depend on language contained in a “no damages for delay” clause in their contract or subcontract, which usually state that a party cannot recover damages for delay. However, these clauses are not always absolute and Massachusetts courts have refused to enforce the clause in cases where it can be shown that the party seeking to avoid paying for delay damages has acted in bad faith, for example, by refusing to coordinate with the contractor seeking payment or refusing reasonable requests for extensions of time. See Farina Bros. Co. v. Commonwealth, 357 Mass. 131 (1970) (declining to enforce a no damage for delay clause where the Commonwealth used provision to whipsaw the contractor by refusing time extension on a complex project and failed to coordinate with the contractor).
Whether it’s reviewing a construction contract to ensure your interests are fully protected, or working through a difficult construction related dispute, Curran & Desharnais has the experience to guide you and your company through the process. We can explain how various contract terms work and will recommend contract language changes to further protect your interests. Curran & Desharnais can also offer guidance in the handing of construction contract or construction performance disputes including disputes over delayed or substandard work, payments and failure to deliver matters.Call a Qualified Massachusetts Construction Law Attorney Today
Whether through negotiation, arbitration or litigation in court, attorney Joseph Curran Jr. and his staff work hard to help each client find a favorable outcome to their construction law matters in a manner that keeps their legal and financial interests in mind.
For quality legal advice and service without the big firm prices, call the Law Office of Curran & Desharnais, P.C. at 781-277-3262 for experienced assistance with a construction law issue. Contact the firm’s Weymouth office to schedule an appointment to discuss your needs.