Publications
April 1, 2020

Construction Alert: Gov. Baker Clarifies Massachusetts Construction Requirements and Possible Future Impacts for New Hampshire

The state of construction in Massachusetts continues to evolve as Governor Baker issued another order yesterday tightening the list of types of construction that are allowed to proceed as "essential services." Under the new list, only housing, mixed used projects with housing, and public infrastructure is permitted. Service work performed by plumbers, electricians and HVAC technicians is also allowed. This new list went into effect today, April 1 at noon.

These rules could make their way to New Hampshire in the near futureNew Hampshire has not adopted these tighter guidelines, however, Governor Sununu's original order is largely consistent with Governor Baker's original order, so it would not be a surprise if New Hampshire eventually gets to this point. With that in mind, you'll want to keep detailed records of costs, expenses, and the status of your work. Contractors should make sure to take pictures and closely document all work and be mindful of the commitments and instructions to subcontractors in case a shutdown should occur.

Firm Highlights

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

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...

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...

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...

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...