Greater Boston has been one of the most active construction markets in the U.S. for over a decade. The Seaport build-out, the Kendall Square life sciences boom, Allston-Brighton mixed-use, Boston Common-area redevelopment, multiple MBTA rebuilds, the Sumner Tunnel reconstruction, Logan Airport modernization, and a continuous run of biotech and lab projects across Cambridge, Boston, Watertown, and Waltham generate steady volume of construction disputes. The Boston construction bar grew alongside that pipeline.
Boston construction lawyers handle six recurring fact patterns. First, payment fights — a GC or sub hasn't been paid, payments have been wrongfully withheld via setoff or backcharge, or a pay-when-paid clause is being invoked. Second, schedule and delay claims — productivity, acceleration, weather, owner-caused delay, concurrent delay, and the often-disputed allocation of float. Third, defective work allegations — what counts as a defect, who pays for warranty work, and whether design or construction is the source. Fourth, mechanic's lien practice under M.G.L. c. 254 — strict 90/60/30-day deadlines for the Notice of Contract, Statement of Account, and complaint to enforce. Fifth, M.G.L. c. 93A demand letters and lawsuits — Massachusetts's consumer protection statute applies to business-to-business construction conduct and adds double or treble damages and fee-shifting. Sixth, public construction — DCAMM certification, filed sub-bids, Chapter 149 and Chapter 30 § 39M issues, and bid protests through the Attorney General's Bid Unit.
Massachusetts adds a few project-specific layers. The Massachusetts Prompt Pay statute (M.G.L. c. 149 § 29E) tightens payment deadlines on private commercial construction projects of $3M and up. The Massachusetts Tort Claims Act limits recovery against public entities. Indemnity provisions are tested against M.G.L. c. 149 § 29C, which bars certain broad indemnity language. Statutes of limitations and repose require careful attention — the Massachusetts statute of repose (M.G.L. c. 260 § 2B) extinguishes construction tort claims six years after substantial completion, with limited exceptions.
Engage Boston construction counsel before signing the contract, not after the dispute. The biggest leverage on a Boston project is at contract negotiation: scope, schedule, pay-app procedures, retainage, change-order mechanics, dispute-resolution clauses, choice of law, and insurance/indemnity. A focused contract review costs less than the first month of a construction dispute.