Introduction

On June 26, 2026 the Massachusetts Supreme Judicial Court issued its decision in J.C. Cannistraro, LLC v. Columbia Construction Co.—a holding that sits at the intersection of Prompt Pay Act compliance and the Massachusetts Arbitration Act.[1]

Most already know that the Massachusetts Prompt Pay Act (PPA) imposes strict timing and certification requirements for rejecting payment applications and proposed change orders on projects valued at $3 million or more.  Most notably, the PPA requires the paying party to give the payee written notice of its approval or rejection of progress applications and proposed changes within 15 days of receipt, which notice must include a “factual and contractual basis for the rejection” and must be “certified as made in good faith.”[2]  In the absence of a timely certified notice, payment is “deemed to be approved” unless the payor properly rejects payment before it comes due.[3] 

What many still struggle with, however, is what happens when an owner or contractor fails to strictly comply with these requirements.  If an invoice becomes deemed approved, does the money irrevocably belong to the payee, or can the payor claw the money back at a later time?  What must the payor do to reserve its rights to the money?  And what power does an arbitrator have to resolve these issues?  Cannistraro elucidates these questions, especially when read together with the decisions in Tocci Building Corp. v. IRIV Partners, LLC (“Tocci”)[4] and Business Interiors Floor Covering Business Trust v. Graycor Construction Co. (“Graycor”).[5]  

Continue Reading What Massachusetts Contractors and Developers Can Learn from Cannistraro v. Columbia Construction

Daily Journal (California) featured an article by Construction Law partner Brenda Radmacher, “A new path for construction defects in California.” The piece, published on June 15, 2026, examines Assembly Bill 1903 and its potential to significantly reshape California’s construction defect framework, particularly for common interest properties.

The article highlights how AB 1903 would overhaul the

Brenda Radmacher, a partner in Seyfarth’s Construction Law practice and a mediator and arbitrator serving on the American Arbitration Association’s panels, is among the contributing authors to the American Bar Association’s forthcoming guide on construction disputes: Time – The Legal Implications of Project Delay in Construction.

Drawing on three decades of experience, Radmacher authors Chapter 8, Contractor Delay Damages, offering practical insight into one of the

Artificial intelligence and advanced digital tools are no longer experimental on construction projects. In Q1 of 2026, we can already see how they are already influencing schedules, estimates, submittals, safety reporting, and day‑to‑day project documentation. As peak construction season approaches, many teams are accelerating adoption of AI to gain efficiency.

Continue Reading AI & Digital Tools on Construction Projects: Contract Risks to Address Before Peak Season

In their most recent article, Seyfarth’s Anthony LaPlaca (Construction) and Teddie Arnold (Government Contracts) team up to address the evolving legal landscape surrounding surety liability under the False Claims Act (FCA). Through a review of key judicial decisions, Anthony and Teddie highlight how government whistleblowers have managed to sustain fraud claims against sureties, emphasizing the

Last week, Seyfarth’s Brenda Radmacher presented at West Coast Casualty’s 31st Annual Construction Defects Conference.  Along with other industry leaders in the construction industry, Brenda provided professional tips on how to best manage risk, avoid, and mitigate construction disputes. The key takeaways include:

Continue Reading Seyfarth’s Brenda Radmacher Presents at Construction Defect and Insurance Conference

Anthony LaPlaca, Construction partner in Seyfarth’s Boston office, was chosen as a Go-To Construction Lawyer by Massachusetts Lawyers Weekly (MLW) for 2025, recognizing him as one of “the top construction lawyers across the commonwealth.”

In LaPlaca’s profile, MLW writes:

“LaPlaca has spent his entire career litigating complex construction and design disputes across the country.

Seyfarth’s Anthony LaPlaca, Teddie Arnold, and Jason Smith recently published the 2025 annual update of the Thomson Reuters state law survey of construction laws and customs for the District of Columbia. This survey contains questions and answers about frequently asked questions concerning construction projects governed by D.C. law, including prompt pay and retainage requirements, stop

On Wednesday, December 11th, Seyfarth attorneys Steve Kmieciak and Sara Beiro Farabow will present the third installment of a series of micro-webinars focused on key legal perspectives and considerations for those operating in the hospitality industry. This session will address key considerations for adapting construction forms for international hospitality renovations, including whether to

Brenda Radmacher, partner in Seyfarth’s Construction group, will present and moderate panels at the 38thAnnual Construction Super Conference 2024 on December 9-11. The conference is recognized as the preeminent construction conference developed for mid to senior-level professionals working in legal and commercial construction markets.

Panel – Looking Around Corners: Emerging Trends and Proactive