A good construction contract prepares for every eventuality, but when you're making a fixed-price bid on a project, unforeseen circumstances can occur. Many contractors run into differing site conditions.
The timely completion of construction projects can form the backbone of many essential businesses and housing developments in Massachusetts, not to mention the general infrastructure of the state. However, it is important that any contracts between contractors, subcontractors, suppliers, owners and developers are honored. When they are not, a construction dispute can arise.
Issues such as increasing the minimum wage are dominating the news in Massachusetts and nationwide. With employees paying more attention to what they are being paid, wage and hour lawsuits are gaining steam in our nation. Therefore, it is more important than ever that employers take steps to keep such lawsuits from being filed in the first place.
By James G. Grillo and Adam J. Reese of Davagian Grillo & Semple LLP
Every construction project requires a contract. Even a project that seems simple can evolve into a complicated mess. A contract helps ensure that the other party fulfills its duties to you.
It is important that both parties to a construction contract in Massachusetts perform their part of the deal and are properly compensated for work done or goods supplied. For private projects, the aggrieved party can seek a property lien. However, this isn't an option for public projects. Thus, performance bonds must be issued for public projects in order to protect property owners.
In a perfect world, all parties to a contract will follow the terms of the contract to a tee, providing each other with the goods or services agreed upon for an agreed upon sum of money. Unfortunately, we do not live in a perfect world and sometimes one party to a contract will fail to uphold their end of the bargain. This can be especially problematic when it comes to construction contracts. Therefore, under Massachusetts law, certain construction contracts must contain language pertaining to requests for equitable adjustments.