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Andrew Upton Appeared on WGBH "Greater Boston" To Discuss Another Recent Campaign Finance Case

On December 7, 2016, DSU partner Andrew Upton appeared on WGBH's Greater Boston news program to discuss another recent campaign finance case filed in Superior Court.  Please click on the link to view the segment: 


DSU Congratulates Its Clients On Making The BBJ's List Of The Top 25 Largest General Contractors In Massachusetts

The Boston Business Journal recently published its list of the 25 largest general contractors in Massachusetts.  DSU is proud to represent 5 of the top 8 and 6 of the top 21 general contractors in the Commonwealth.  We congratulate Suffolk Construction Co., Inc., Gilbane Building Company, Lee Kennedy Co., Inc., Tishman Construction, Commodore Builders Corp., and Cutler Associates, Inc. on this accomplishment


DSU Wins Important Appeals Court Case Regarding Notice On Massachusetts Public Construction Bond Claims

DSU attorneys, Jack DiNicola and Mike Brangwynne, prevailed in the Massachusetts Appeals Court on behalf of Hartford Fire Insurance Company (and its principal, SPS New England, Inc.).  The case, N-Tek Construction Services, Inc. v. Hartford Fire Insurance Company, can be reviewed here:

This case involved a second tier subcontractor asserting a bond claim against a general contractor's payment bond surety on a public construction project.  DSU and Hartford prevailed at trial.  N-Tek appealed.

The primary issue on appeal, and the only one addressed by the Appeals Court, was whether N-Tek's e-mail to SPS was sufficient notice so as to comply with the requirements of Section 29 of M.G.L. c. 149 (the Massachusetts Public Construction Bond Statute).  While this case was fact sensitive, and many of the facts were not recited in the opinion, the Appeals Court held that N-Tek's notice, which was an e-mail to SPS, was not sufficient notice under the statute and the analogous Miller Act (applicable to federal construction projects).  The Appeal Court, in affirming the Superior Court, held that, "in light of all material surrounding circumstances ... [the e-mail] fails to state, explicitly or implicitly, that [N-Tek] was making a claim against SPS for services rendered on the project, and thus fails to satisfy [the statute.]"  The Appeals Court further held that the notice provision of the statute "was intended to relieve the general contractor of the need to engage in guesswork as to whether a claim was being made against it or the statutory bond." 

This case is important for several reasons.  First, it establishes parameters for proper notice under the statute.  Often, when public construction bond claim notice issues are analyzed, it is the timing of the notice, rather than the content, that becomes an issue in dispute.  This case will give general contractors and sureties some guidance on what is required of a lower tier subcontractor in terms of the quality and content of the notice.  Second, it establishes the importance to general contractors and sureties of the notice requirement in the statute.  The Appeals Court cited several policy issues from the viewpoint of the general contractor and surety to the notice requirements in the statute.  Third, the Appeals Court did not state that e-mail notice can never be compliant with the statute.  This issue remains open.   

If you have any questions or wish to discuss the issues raised in this decision, please contact Jack DiNicola.


DiNicola Named 2016 BTI Consulting Client Service All-Star

DiNicola, Seligson & Upton, LLP is proud to announce that Jack DiNicola has been named a BTI Client Service All-Star for 2016 by The BTI Consulting Group, Wellesley, Massachusetts.  This marks the second time that Mr. DiNicola has received this honor.  The 2016 BTI Client Service All-Stars consist of 312 attorneys nationwide from 163 law firms that were selected for outstanding client service through unprompted feedback from general counsel at the world's largest companies.  Mr. DiNicola, whose practice is focused on construction law, was nominated as a 2016 BTI Client Service All-Star by a National Professional Services Firm.


For more information about BTI Consulting and the Client Service All-Stars, please go to and


DSU Moves To New Office

DSU has moved to 6 Beacon Street, Suite 700, Boston, MA 02108.  Our telephone numbers and fax numbers remain the same.