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COGHLIN ELEC. CONTRS. INC. v. GILBANE BIDG. CO.; DIV. OF CAPITAL ASSET MGT. & MAINTENANCE

SJC-11778.

472 Mass. 549 (2015)

36 N.E.3d 505

COGHLIN ELECTRICAL CONTRACTORS, INC. v. GILBANE BUILDING COMPANY & another; DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE, third-party defendant.

Supreme Judicial Court of Massachusetts, Worcester.

September 2, 2015.

Attorney(s) appearing for the Case

John W. DiNicola, II ( Michael Brangwynne with him) for Gilbane Building Company.

James A. Sweeney , Assistant Attorney General, for Division of Capital Asset Management and Maintenance.

The following submitted briefs for amici curiae: David J. Hatem , Cheryl A. Waterhouse , & Amanda E. Mathieu for American Council of Engineering Companies of Massachusetts & another.

Shannon A. Reilly for Construction Industries of Massachusetts.

Joel Lewin , Robert V. Lizza , Jonathan T. Elder , & Robert T. Ferguson, Jr. , for Associated General Contractors of Massachusetts, Inc.

Hugh J. Gorman, III , & Jeffrey J. Pyle for Columbia Construction Company.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

This case requires us to resolve three issues regarding a public construction contract that implements the construction management at risk delivery method, pursuant to G. L. c. 149A: (1) Does the owner who furnishes the plans and specifications in a public construction management at risk project give an implied warranty of their sufficiency...

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