Coghlin Electrical Contractors, Inc. v. Gilbane Building Company, et al. (Lawyers Weekly No. 10-149-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-11778 COGHLIN ELECTRICAL CONTRACTORS, INC. vs. GILBANE BUILDING COMPANY & another;[1] DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE, third-party defendant. Worcester. March 2, 2015. – September 2, 2015. Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ. Contract, Public works, Construction contract, Delivery, Warranty, Indemnity. Warranty. Indemnity. Public Works, Construction management at risk. Civil action commenced in the Superior Court Department on July 17, 2013. A motion to dismiss a third-party complaint was heard by Brian A. Davis, J. The Supreme Judicial Court granted an application for direct appellate review. John W. DiNicola, II (Michael Brangwynne with him) for Gilbane Building Company. James A. Sweeney, Assistant Attorney General, for Division of Capital Asset Management and Maintenance. The following submitted briefs for amici curiae: David J. Hatem, Cheryl A. Waterhouse, & Amanda E. Mathieu for American Council of Engineering Companies of Massachusetts & another. Shannon A. Reilly for Construction Industries of Massachusetts. Joel Lewin, Robert V. Lizza, Jonathan T. Elder, & Robert T. Ferguson, Jr., for Associated General Contractors of Massachusetts, Inc. Hugh J. Gorman, III, & Jeffrey J. Pyle for Columbia Construction Company. GANTS, C.J. This case requires us to resolve three issues regarding a public construction contract that implements the construction management at risk delivery method, pursuant to G. L. c. 149A: (1) Does the owner who furnishes the plans and specifications in a public construction management at risk project give an implied warranty of their sufficiency for the purpose intended, as the owner does under our common law in traditional design-bid-build construction projects? (2) If so, did the parties to the construction management at risk contract in this case disclaim the implied warranty? (3) If they did not, did the indemnification provision in the contract prohibit the construction manager at risk (CMAR) from filing a third-party complaint against the owner in a case brought by a subcontractor seeking reimbursement of additional costs, thus requiring the CMAR to file a separate complaint against the owner to recover the additional costs caused by an insufficient or defective design under the implied warranty? We conclude: (1) under our common law, a public owner of a construction management at risk project gives an implied warranty regarding the designer’s plans and specifications, but the scope of liability arising from that implied […]
11-Story Office Building Could Come to E. Berkeley St.
Find out more details about the new project that would replace an existing parking lot and auto repair shop on East Berkeley Street. South End Patch News
New Tower Proposed Near Hancock Building
The 33-story building would replace the Boston Common Hotel and Conference Center at 40 Trinity Place. South End Patch News
First-Alarm Fire Hits South End Building
Sixth-floor apartment fire had no injuries but caused $ 50,000 in estimated damage. South End Patch News
Week in Review: I-93 Overpass Improvements, Herald Building Demolition
The following were the top articles on South End Patch from April 8 to April 12, 2013: Former Herald Building Demolition, Ink Block Construction to Start See what Mayor Menino and others had to say to commemorate the former Herald Building that will soon be demolished. Improvements Coming to I-93 Overpass Find out what changes are being made to improve safety. New Book to Feature South End Residents Find out how you or your friends could be included in the South End edition of “Legendary Locals.” Five Guns, Child Found in South End Bed Bug Search Police have released more information on the small cache of guns found inside an East Brookline Street apartment on Friday. Vision for Vacancy: What Should Replace Sibling Rivalry? The long-time tenant of Tremont Street suddenly announced last week it was closed. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: Building, Demolition, Herald, Improvements, Overpass, Review, Week
Former Herald Building Demolition, Ink Block Construction to Start
In a ceremony filled with memories from Boston Herald employees and hope for the future development of the neighborhood, Mayor Menino, state reps and city officials gathered in the South End on Thursday to say goodbye to the old building and welcome the new Ink Block development. Menino said he was happy to see a bridge built between the South End, Chinatown and South Boston with the new development, and the first full-sized grocery store come to the South End. “The South End deserves this type of development,” he said. “As part of the ongoing transformation of the South End, this project will grow the neighborhood’s vitality with its diverse housing mix, new pedestrian activity and retail energy.” The new development, situated at the corner of Harrison Ave and Traveler Street, will feature 475 units of housing in five buildings and 85,000 square feet of retail space, including a 50,000-square-foot Whole Foods Market, which will be the chain’s largest location in Boston. “We are thrilled to officially begin construction on what we are proud to say will become the new center of gravity for life in the South End,” said Ted Tye, managing partner of the development firm on the project, National Development. “Ink Block will transform this currently underutilized block by adding stylish neighborhood-focused, trend-setting housing, restaurants, exciting shops and entertainment options, making this the newest location for 18-hour living in Boston.” But not everyone at the ceremony was excited to see the building be torn down. Joe Fitzgerald, a 43-year veteran of the Boston Herald, reminisced about the days and long hours spent at the building, the time in 1982 when the paper was almost shut down, and the daily rumbling of the newspaper presses doing their work late into the night. “From all of us at the Boston Herald, I hope you’ll be as happy living here as we were working here,” he said. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: Block, Building, Construction, Demolition, Former, Herald, Start