Business Litigation
Our Business Litigation practice group offers the experience of seasoned lawyers who recognize the value of solving problems to promote your business success.
Complex Tort Defense
Since its founding in 1988, a staple of Conn Kavanaugh’s practice has been the defense of business entities in serious and complex personal injury or property damage actions.Construction
Whether you are the owner, design professional, general contractor, project administrator, subcontractor, or supplier on a construction project, our Construction practice will assist you in achieving a successful project outcome.Corporate / Transactional
Our Corporate/Transactional practice has a broad range of skills. This versatility allows them to remain a principal point of contact with our business clients and to move freely across multiple disciplines to ensure continuity of representation.
Criminal / White Collar / Regulatory
We have extensive experience advising businesses and individuals who are the subject of criminal or regulatory investigations or proceedings.
Employment Litigation / Counseling
Employers and employees alike look to Conn Kavanaugh’s employment lawyers for advice in navigating the increasingly complex web of state and federal statutes,Estate Planning / Administration
Our Estate Planning attorneys help individuals and their families plan for the future and protect their assets. We handle all aspects of estate planning.
Family Law / Probate Litigation
Our experienced Family Law/Probate Litigation attorneys work zealously to ensure rightful asset distributions in these emotionally charged proceedings. Our group handles a wide range of areas including prenuptial agreements, custody disputes, and post-divorce support or estate modifications.
Insurance Litigation
Land Use / Real Estate Litigation
Our Land Use/Real Estate Litigation practice has extensive experience in handling real estate disputes of all kinds and at all levels. We can develop a strategy for your dispute.Mediation / Arbitration
Having litigated hundreds of cases, the Mediation/Arbitration practice is well-equipped to effectively value cases to resolve disputes according to your needs and goals.
Product Liability
Conn Kavanaugh’s lawyers regularly represent manufacturers, distributors, and retailers in defending against product liability claims.Professional Liability
Our trial attorneys are accomplished in defending claims against attorneys, health care professionals, insurance agents and brokers, and other professionals.Real Estate
Our Real Estate practice provides skilled representation in a variety of transactions, including the financing, leasing, acquisition and disposition of commercial properties.
- Business Litigation
- Complex Tort Defense
- Construction
- Corporate / Transactional
- Criminal / White Collar / Regulatory
- Employment Litigation / Counseling
- Estate Planning / Administration
- Family Law / Probate Litigation
- Insurance Litigation
- Land Use / Real Estate Litigation
- Mediation / Arbitration
- Product Liability
- Professional Liability
- Real Estate
Architects/Engineers
Conn Kavanaugh has a wealth of experience advising and representing architects and engineers in many aspects of their businesses.
Cannabis
Closely Held/Family Businesses
Conn Kavanaugh’s business attorneys have a broad range of skills and are very experienced in providing legal services to family-owned and other closely-held businesses.
Construction
Conn Kavanaugh has provided an array of services to private and public clients in the construction industry, including the manufacturers of building materials and systems.Financial Services
Conn Kavanaugh draws upon a wide range of disciplines to meet the needs of individual and institutional clients in the financial services industry.
Food and Beverage
Our decades of work in the food and beverage industry, including alcohol regulatory and distribution, have permitted us to gain expertise and insight into the typically fast paced and challenging world of our clients engaged in the food and beverage industry.Government
Conn Kavanaugh provides an array of services to clients in the public sector, including state agencies, municipalities, and public officials.Healthcare
The Conn Kavanaugh team has the skills and experience necessary to successfully maneuver our clients through the increasingly complex and highly regulated environment of the health care industry.Insurance
Our lawyers work with our insurance industry clients in a variety of ways. We represent their insureds in virtually every type of lawsuit for which insurance coverage is available. We represent insurance companies directly in bad faith actions, and in high-exposure losses or losses that present unusual or challenging coverage issues.Law Firms
Since the firm was founded in 1988, our attorneys have been known as “lawyers’ lawyers.”Manufacturing
Conn Kavanaugh has broad experience in representing the interests and needs of various manufacturers.
Real Estate
Conn Kavanaugh has a wealth of experience in the real estate field.Staffing and Recruiting
Staffing companies and Professional Employer Organizations (PEOs) are playing an increasingly important role in many aspects of human resource management, as employers are relying more and more on staffing companies and PEOs for payroll and employee benefit administration, risk management, and other increasingly complex administrative burdens.NEWS
March 26, 2020
Governor Baker and Mayor Walsh Tangle Over Construction Ban. Who Blinks First?
By James B. Peloquin and Christopher K. SweeneyLast week, we wrote about Mayor Walsh’s two-week ban on all construction activities in the City of Boston. (If you missed it, you can catch up here.) Since then, several municipalities, including Cambridge and Somerville, have followed suit and ordered an indefinite halt to construction within city limits.
But not everyone agrees that the Bay State’s construction industry should remain shuttered. On Monday, Governor Baker exempted construction-industry workers and professionals from his stay-at-home advisory, signaling to local officials that they should consider easing their restrictions on construction activities. Yesterday, the Governor formalized his position in a letter directing, in essence, that cities and towns revoke any order banning construction activities locally. He also issued strict guidelines aimed at limiting COVID-19 virus transmission on job sites.
In response, Mayor Walsh – the former president of Laborers Local 223 – announced that he is extending Boston’s two-week construction ban indefinitely, citing concerns about worker health and safety. City officials in Cambridge and Somerville also have doubled down on their construction moratoriums, in defiance of Governor Baker’s order.
While this bickering may make good political theatre for some, it creates real problems for construction professionals trying to navigate an already-fraught situation. So what’s one to do in the face of these conflicting orders?
For those working in places covered by a local ban, the best bet is to wait for additional guidance. Contractors that jump the gun risk being shut down, particularly where local enforcement authorities are likely to back their mayors over state officials. Rather than squandering remobilization expenses, call the Mayor’s and Governor’s offices and push for a resolution. The current stalemate is untenable, and before long, someone will have to give.
For suburban contractors (i.e., those not covered by a ban), the news is better. Governor Baker’s letter reaffirms that there is no statewide ban on construction. To the contrary, the Governor’s designation of construction professionals as essential personnel provides clear guidance that construction may proceed. That said, it will not be business as usual. Contractors should take care to distribute to their employees, subs, and vendors a COVID-specific health and safety plan that specifically implements (at a minimum) Governor Baker’s guidelines. These plans should include the following, among other terms:
- Workers must be required to go home if they report experiencing COVID-19 symptoms like fever, cough, and shortness of breath.
- For at least those working inside or in confined spaces, a nurse should be onsite to conduct periodic temperature screenings.
- Workers should observe at least six-feet of “social distancing” during work and breaks. Meetings should occur by video or teleconference.
- All surfaces and common areas should be regularly cleaned and disinfected.
- Workers must wear gloves, eye protection, and other personal protective equipment.
- Workers must wash their hands frequently using the protocols established by the CDC. (For sites lacking easy access to operational bathroom facilities, the contractor must install handwashing stations.)
Contractors also should strongly consider assigning safety personnel to strictly enforce their COVID-19 plans. Remember, if your plan doesn’t seem like overkill, you’re probably not doing enough.
There is no doubt that the COVID-19 pandemic presents unfamiliar and unprecedented challenges. But new problems do not always require us to abandon principles that always have served you well:
- Use common sense. If the virus presents a risk to health and safety on your job site, take all necessary steps to mitigate or eliminate that risk. If you can’t, don’t work.
- Look to the terms of your contracts. What do they say about force-majeure triggering events? Are there notice requirements? How do they allocate the risk of delay-related expenses?
- Talk to each other. When all else fails, pick up the phone to work out disputes informally. Try to find middle ground that works for your business and for your clients, employees, subcontractors, and vendors.
Stay safe, and as always, let us know if there is anything we can do to assist you.
