Product Description

Recent updates:

• Update: July 2024

  Dear Subscriber:

  Thank you for updating your reference library with the 2024 edition of Massachusetts Construction Law and Litigation. This version brings enhanced guidance within your immediate reach—for fast answers to the questions that arise most frequently in your practice.

  Highlights from among the developments reflected in this edition include

  • reaffirmation of the "single look" approach to liquidated damages, in which the reasonability of the damages provision depends on the circumstances at the time the contract was formed rather than the circumstances at the time of the breach;

  • an interpretation of the Prompt Pay Act setting forth the conditions under which payments may be rejected, including a certification that payments are being rejected in good faith, along with an explanation of the requirements for strict compliance with the statute;

  • a determination of whether an executed letter of intent was a written contract sufficient to preclude summary judgment;

  • the recordation of a notice of contract in the registry of deeds to establish a mechanic’s lien pursuant to G.L. c. 254, § 2;

  • the application of G.L. c. 260, § 2B—a statute of repose applicable to improvements of real property—to the painting of spaces on a parking lot;

  • the inability of limitation-of-liability clauses to shield developers and contractors from knowing and willful violations of G.L. c. 93A;

  • "substantial performance” of construction contracts in connection with claims for recovery in quantum meruit; and

  • factors considered in determining awards of attorney fees.

  With this latest supplement, Massachusetts Construction Law and Litigation remains an essential companion for any lawyer handling a construction-related matter in the Commonwealth.

  We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: May 2020

  Dear Subscriber:

  Thank you for updating your reference library with the 2020 Supplement to Massachusetts Construction Law and Litigation. This version brings the latest in guidance on this area of the law within your immediate reach—for fast answers to the questions that arise most frequently in your practice.

  Highlights from among the developments reflected in this supplement include

  • a Supreme Judicial Court opinion establishing that, aside from breaches specifically related to design and construction, ordinary contract principles would apply to contractors' quantum meruit claims;

  • increases in the threshold dollar amounts applicable to the Designer Selection Board's review procedures;

  • standards for determining whether workers are subject to the Independent Contractor Law;

  • updates to the Massachusetts Department of Transportation Standard Specifications for Highways and Bridges;

  • newly added discussions of the requirement that damages be quantifiable and standards for enforcing liquidated damages provisions;

  • an expanded discussion of the mode-of-operation approach applicable to slip-and-fall cases;

  • recording requirements applicable to mechanic's lien claimants; and •

  • construction litigation.

  With this latest supplement, Massachusetts Construction Law and Litigation remains an essential companion for any lawyer handling a construction-related matter in the Commonwealth.

  We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: May 2018

  Dear Subscriber:

  Thank you for updating your reference library with the 2018 edition of Massachusetts Construction Law and Litigation. This new edition brings the latest in guidance on this area of the law within your immediate reach—for fast answers to the questions that arise most frequently in your practice.

  Highlights from among the developments reflected in this edition include

  • passage of the Municipal Modernization Act, which established a more efficient process for procurement on smaller construction projects, changes in the dollar thresholds for vertical and horizontal projects, and provisions for the use of blanket vendor contracts or statewide contracts administered through the Operational Services Division;

  • updates to the discussion of the designer selection process and other procurement provisions for public construction contracts;

  • a recent Appeals Court decision barring the application of a general contractor's no-damages-for-delay clause when the subcontractor had been foreclosed from invoking contractual provisions for extensions of time;

  • amendments to standard American Institute of Architects (AIA) documents and discussion of their application to construction projects;

  • recent case law on the implied covenant of good faith and fair dealing; and

  • an expanded discussion of exceptions to the "pay if paid" provisions of the Massachusetts Prompt Payment Act.

  With this latest update, Massachusetts Construction Law and Litigation remains an essential companion for any lawyer handling a construction-related matter in the Commonwealth.

  We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Zoning and Subdivision Laws Applicable to Commercial Real Estate Projects

Buy Chapter

Elisabeth C. Goodman, Esq., Cain Hibbard & Myers, PC

Checklist 1.1

- Zoning Checklist Buy Form

Checklist 1.2

- Subdivision Checklist Buy Form

Chapter 2 expand

Due Diligence

Buy Chapter

Dan Lasman, Esq., Goulston & Storrs, PC
Yareni Sanchez, Esq., Goulston & Storrs, PC
Philip E. Tedesco, Esq., Goulston & Storrs, PC

Checklist 2.1

- Due Diligence Checklist Buy Form

Chapter 3 expand

Title Insurance Basics

Buy Chapter

Lynne Murphy Breen, Esq., First American Title

Exhibit 3A

- ALTA Owner’s Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 3AA

- ALTA Homeowner’s Policy of Title Insurance (2021 Form with Redline Changes from 2013 Form) Buy Form

Exhibit 3B

- Owner’s Policy of Title Insurance Buy Form

Exhibit 3BB

- Chart: Comparison of ALTA Standard and Homeowner’s (Expanded Protection) Policies Buy Form

Exhibit 3C

- ALTA Loan Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 3CC

- ALTA 19 Series Endorsements Buy Form

Exhibit 3D

- Loan Policy of Title Insurance Buy Form

Exhibit 3DD

- ALTA 3 Series Endorsements Buy Form

Exhibit 3E

- Schedules A and B for Owners and Lenders Buy Form

Exhibit 3EE

- ALTA 17 Series Endorsements Buy Form

Exhibit 3F

- Property Description Sheet Buy Form

Exhibit 3FF

- ALTA 9 Series Endorsements Buy Form

Exhibit 3G

- Secondary Mortgage Market Endorsement Buy Form

Exhibit 3GG

- ALTA Commitment for Title Insurance (2021 Form with Redline Changes from 2016 Form) Buy Form

Exhibit 3H

- ALTA Endorsement Form 9 Buy Form

Exhibit 3I

- ALTA Endorsement Form 8.1 Buy Form

Exhibit 3J

- ALTA Endorsement Form 7 Buy Form

Exhibit 3K

- ALTA Endorsement Form 6 Buy Form

Exhibit 3L

- ALTA Endorsement Form 6.2 Buy Form

Exhibit 3M

- ALTA Endorsement Form 5 Buy Form

Exhibit 3N

- ALTA Endorsement Form 4.1 Buy Form

Exhibit 3O

- Master Endorsement Buy Form

Exhibit 3P

- “Date Down” Endorsement Buy Form

Exhibit 3Q

- Notice of Availability of Owner’s Title Insurance Buy Form

Exhibit 3R

- Sample Affidavit Required by the Title Insurer to Provide Coverage Requested by the Lender Buy Form

Exhibit 3S

- Survey Affidavit Buy Form

Exhibit 3T

- Surveyor’s Report Form Buy Form

Exhibit 3U

- Residential Limited Coverage Policy Jacket Buy Form

Exhibit 3V

- Summary of Castle Enhanced Coverage Policies for One-to-Four-Family Residences Buy Form

Exhibit 3W

- Chart: Castle Enhanced and ALTA Policies Compared Buy Form

Exhibit 3X

- Castle Enhanced Coverage Owner’s Policy Jacket Buy Form

Exhibit 3Y

- Castle Enhanced Coverage Loan Policy Jacket Buy Form

Exhibit 3Z

- ALTA (CATIC) Expanded Coverage Residential Loan Policy Buy Form

Chapter 4 expand

Transactions Involving Solar Facilities

Buy Chapter

Bethany A. Bartlett, Esq., Kearsarge Energy LP
Beth A. Goldstein, Esq., Sherin and Lodgen LLP

Exhibit 4A

- Contracts for Energy and Energy-Related Services Chapter 30B Compliance Form Buy Form

Exhibit 4B

- Sample Form SNDA Between Fee Lender and Solar Tenant Buy Form

Chapter 5 expand

Hospitality

Buy Chapter

Joshua M. Alper, Esq., Sherin and Lodgen LLP

Checklist 5.1

- Considerations for Asset Purchase Transfer of a Hotel Buy Form

Checklist 5.2

- Sellers’ Common Representations and Warranties in Hotel Sales Transactions Buy Form

Checklist 5.3

- Representing a Buyer of Commercial Real Estate Seeking Transfer of a Liquor License Buy Form

Exhibit 5A

- Sample Due Diligence Checklist Buy Form

Chapter 6 expand

Hazardous Materials

Buy Chapter

Ronald W. Ruth, Esq., Sherin and Lodgen LLP

Exhibit 6A

- Access Agreement Buy Form

Chapter 7 expand

Financing of Commercial Real Estate Transactions

Buy Chapter

Ian T. Lane, Esq., Sherin and Lodgen LLP

Exhibit 7A

- Commitment Letter Buy Form

Exhibit 7B

- Closing Agenda Buy Form

Exhibit 7C

- Commercial Loan Agreement Buy Form

Exhibit 7D

- Term Promissory Note Buy Form

Exhibit 7E

- Unlimited Guaranty Buy Form

Exhibit 7F

- Mortgage Agreement Buy Form

Exhibit 7G

- Assignment of Rents and Leases Buy Form

Exhibit 7H

- Assignment of Agreements, Permits, and Rights Buy Form

Exhibit 7I

- Hazardous Materials Indemnification Buy Form

Exhibit 7J

- Contractor’s Partial Waiver and Subordination of Lien Buy Form

Exhibit 7K

- Collateral Assignment of Construction Contract Buy Form

Exhibit 7L

- Collateral Assignment of Architect’s Contract Buy Form

Exhibit 7M

- Guaranty of Completion of Improvements Buy Form

Exhibit 7N

- Construction Loan Agreement Buy Form

Exhibit 7O

- Title Insurance Requirements Checklist Buy Form

Exhibit 7P

- Survey Requirements and Form of Surveyor’s Certificate Buy Form

Exhibit 7Q

- Requirements for Insurance Certificates Buy Form

Exhibit 7R

- Disbursement Authorization Letter Buy Form

Exhibit 7S

- Closing Letter Buy Form

Chapter 8 expand

Other Purchase Rights

Buy Chapter

Peter Friedenberg, Esq.,

Exhibit 8A

- Option Agreement Buy Form

Exhibit 8B

- Notice of Option Agreement Buy Form

Exhibit 8C

- Agreement of First Refusal (Short Form) Buy Form

Exhibit 8D

- Agreement of First Refusal (Long Form) Buy Form

Exhibit 8E

- Notice of Agreement of First Refusal Buy Form

Exhibit 8F

- Agreement of First Offer (Short Form) Buy Form

Exhibit 8G

- Agreement of First Offer (Long Form) Buy Form

Exhibit 8H

- Notice of Agreement of First Offer Buy Form

Exhibit 8I

- Article X: Option to Purchase (Lease Clause) Buy Form

Exhibit 8J

- Article Y: Right of First Refusal to Purchase (Lease Clause) Buy Form

Exhibit 8K

- Article Z: Right of First Offer to Purchase (Lease Clause) Buy Form

Chapter 9 expand

Drafting Purchase and Sale Agreements

Buy Chapter

Teresa A. Belmonte, Esq., Hemenway & Barnes LLP
Steven L. Mangold, Esq., Hemenway & Barnes LLP

Checklist 9.1

- Checklist of Items Deliverable by Seller at a Commercial Real Estate Closing Buy Form

Checklist 9.2

- Checklist of Items Deliverable by Buyer at a Commercial Real Estate Closing Buy Form

Exhibit 9A

- Purchase and Sale Agreement Buy Form

Chapter 10 expand

The Closing

Buy Chapter

Mark B. Elefante, Esq., Hemenway & Barnes LLP
Steven L. Mangold, Esq., Hemenway & Barnes LLP

Exhibit 10A

- Closing Agenda Buy Form

Exhibit 10B

- Gap Indemnity Buy Form

Exhibit 10C

- ALTA Settlement Statement—Combined Buy Form

Exhibit 10D

- ALTA Settlement Statement—Cash Buy Form

Exhibit 10E

- Complex Settlement Statement Buy Form

Exhibit 10F

- Escrow Letter to Title Company or Agent Buy Form

Exhibit 10G

- Preclosing Escrow Agreement Buy Form

Exhibit 10H

- Postclosing Escrow Agreement Buy Form

Exhibit 10I

- Clerk’s Certificate Buy Form

Exhibit 10J

- Trustee’s Certificate for a Nominee Trust Buy Form

Exhibit 10K

- Trustee’s Certificate Under G.L. c. 184, § 35 Buy Form

Exhibit 10L

- Deed Buy Form

Exhibit 10M

- Assignment and Assumption of Leases Buy Form

Exhibit 10N

- Bill of Sale and General Assignment Buy Form

Exhibit 10O

- Assignment and Assumption of Contracts Buy Form

Exhibit 10P

- Notice to Tenants of Sale Buy Form

Exhibit 10Q

- Real Estate Tax Allocation Agreement Buy Form

Exhibit 10R

- Title Insurance Affidavit Buy Form

Exhibit 10S

- Nonforeign Certification Buy Form

Exhibit 10T

- Form 1099-S Buy Form

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Author(s)