Massachusetts Prompt Pay Law – How to comply and successfully manage your project

Description

Gain a practical understanding of the Massachusetts Prompt Pay Law, M.G.L. c. 149, § 29E, and its impact on construction project management.

This seminar will cover the legal requirements for approving and rejecting payment applications and change orders, recent court decisions shaping compliance obligations, and the consequences of non-compliance. The program will include discussion of the Supreme Judicial Court’s decision in J.C. Cannistraro, LLC v. Columbia Construction Co. and its significance for contractors, subcontractors, and project owners.

Attendees will learn best practices for navigating the law, avoiding common pitfalls, and managing payment-related risk throughout the life of a project.
Presented by: 


Sara Bryant, Harris Beach Murtha
Sara represents clients in the areas of construction and business litigation, including having represented Fortune 100 and ENR Top 10 companies. She has extensive experience in all forms of dispute resolution, including mediation, arbitration, administrative proceedings, jury and non-jury trials.

In her construction practice, Sara represents construction managers, subcontractors and owners in state and federal courts in the trial and resolution of construction disputes on public and private projects. She handles matters involving allegations of breach of contract, defective work, mechanic’s liens and Chapter 93A violations. Sara is also involved in drafting and negotiating contracts and contract claims, as well as securing lien and bond rights. In her business litigation practice, Sara represents clients on matters involving landlord/tenant and general business disputes, tort and product liability.

Andrew Wailgum, Harris Beach Murtha
In his construction practice, Andrew counsels owners, developers, general contractors, construction managers, subcontractors and material suppliers regarding all facets of construction work on both private and public projects. His work on public construction projects includes federal projects as well as state and local projects performed under M.G.L. Chapters 30, 149 and 149A.

Andrew represents clients on vertical and horizontal construction and demolition projects, including office buildings, student housing, university and private school classroom and laboratory space, hotels, apartments, condominiums, elder housing, retail and office fit-outs, big box and small box retail stores, restaurants, theaters, hospitals, museums, historically significant buildings, athletic fields, marine landings, public transit stations, parking garages and bridges.

Jonathan Elder, Anderson & Kreiger
Jon Elder is a construction lawyer and litigator who regularly advises general contractors, construction managers, design-build contractors, subcontractors, owners, and developers on the full gamut of issues related to construction projects and disputes. His areas of focus include:

• Construction Law: In a career spanning nearly two decades, Jon has represented clients in both “vertical” and “horizontal” projects across a wide range of industry sectors including large-scale commercial and residential, water and sewer, heavy highway, healthcare, hotel/hospitality, and renewable energy.
• Procurement: Jon has expertise in public procurement and advises the firm’s many municipal and public clients in connection with major facilities projects from inception through closeout, efforts that often include preparing bid packages, negotiating contracts, handling bid protests, and resolving project claims and disputes.
• Litigation: Jon also has substantial experience in commercial (i.e., non-construction related) matters. He has litigated and counseled clients in connection with environmental cleanup cases, condominium, zoning, and land use disputes, airport/aviation matters, and actions arising out of financial and commercial transactions including breach of contract, tortious interference, and unfair business practice claims.

Jon applies a practical approach to avoiding and solving clients’ problems.  Where disputes are unavoidable, he has earned a reputation as a skilled advocate in mediations, arbitrations, and trials, where he has pursued and defended claims relating to design defects, delay (including lost productivity, interference, etc.), scope and payment disputes, and other issues.