The Blog

Gov. Maura Healey wants to separate housing and economic development in the state's bureaucracy, mostly to give housing production the enhanced focus she says it desperately needs. But Healey doesn't want to completely shatter the connection between the two topics.

If we take a moment to think about when we started in the construction industry, most of us will shake our heads at the thought of how much things have changed. Technology has transformed our lives in recent decades, and it’s unlikely that it’s changed anything more than the way we make a living.

Boston, MA, January 23, 2023-The Massachusetts Chapter of Associated Builders and Contractors today announced the establishment of a student chapter at Benjamin Franklin Cummings Institute of Technology, part of the ABC National Student Chapter Network. The NSCN connects ABC chapters to local colleges and universities with construction-related degree programs with the goal of building the construction management pipeline and mentoring future leaders of the construction industry.

In a stunning proposal, the Federal Trade Commission (FTC) has proffered a universal ban on noncompete agreements. This proposal, albeit a considerable step away from the norm, was not necessarily unpredictable. Most recently, the FTC made a preliminary finding that noncompete agreements constitute an unfair method of competition and therefore violate Section 5 of the Federal Trade Commission Act, which prohibits “unfair or deceptive acts or practices in or affecting commerce.” If this proposal is enacted, it would have sweeping consequences in Massachusetts.

It’s an honor to serve as chairperson of ABC Massachusetts for 2023, and to be the first woman to chair our chapter. It’s a particular honor to do so when five of the commonwealth’s six constitutional offices are held by women.

In summary, unless an indemnity clause expressly includes fee-shifting language, it likely will not permit the recovery of attorneys’ fees except for third-party claims. The better approach is to clearly and expressly set forth in your contract that attorneys’ fees will be provided in the event of a dispute with the counter party to your contract.

Late last year our chapter was awarded a Construction Diversity and Apprenticeship Expansion Grant by the Massachusetts Executive Office of Labor and Workforce Development. Part of this grant funded the internal diversity study of ABC MA membership. I’m proud the survey found that members have taken active steps to promote diversity, equity, and inclusion within their companies.