Joseph Barra

Joseph A. Barra

Partner

Joseph A. Barra

Partner

  • Overview

    Biography

    Joseph Barra is a member of the firm’s Construction Group. With skills gained in his first career as a civil engineer, he has represented clients in the construction industry for over 25 years. He advises his clients on issues such as design and construction flaws and delays, funding disputes, certification hearings, and violations involving the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).

    Joe’s practice includes clients from all areas of the design and construction industry:

    • public and private owners, and developers
    • design professionals
    • general contractors; construction managers; subcontractors; material suppliers; engineering, procurement, and construction (EPC) contractors; design-builders; and MBE/WBE/DBE contractors
    • sureties and construction lenders

    Contract Procurement and Project Delivery

    Joe has a thorough understanding of transactional matters involving the design and construction of the following:

    • hospitals
    • shopping malls and retail
    • highways and airports
    • condominiums and residential
    • utilities (water, gas, electric, fiber optic, and sewer)
    • primary and secondary schools, and universities
    • wastewater facilities, water and scavenger waste treatment facilities, and waste-to-energy facilities
    • landfill gas-to-energy facilities, gas-fired electrical power plants, hydroelectric dams, onshore and offshore natural gas pipelines, and electric substations

    He is well versed in negotiating complex design, construction, and project management-related agreements. He also understands the complexities of public-private partnerships (P3), and assists clients from financing through operation on P3 projects.

    Dispute Resolution

    When disputes do arise, Joe works jointly with his clients to pinpoint problems and issues, determine the best route forward, and offer solutions to strengthen the client’s business position. He is also a long-standing member of American Arbitration Association’s (AAA) National Panel of Construction Neutrals, so he approaches disputes with his experience as a seasoned arbitrator. He has served as an advocate in many arbitrations, mediations, and trials.

    Joe has presented and written articles on wide-ranging topics involving construction law, in particular in the areas of Building Information Modeling (BIM), public-private partnerships, risk management, and alternative dispute resolution. He serves as an Adjunct Professor of Construction Law at Wentworth Institute of Technology. Joe also is active in many construction industry groups, including the Construction Industries of Massachusetts (CIM); the Construction Management Association of America, New England Chapter; the Massachusetts Building Congress; and the Boston Society of Civil Engineers Section.

  • Experience
    • Experience

      Experience

        Contract Procurement and Project Delivery

      • Representation of an airport authority in a construction bid protest for a $59 million runway construction project in which the airport authority was using a design-build procurement scheme. Project delivery was time critical because of FAA grant funding. Robinson+Cole was successful in opposing the protestors motion to delay project award.

      • Acted as construction counsel for an affiliate of the Trellis Group in its negotiation and execution of a guaranteed maximum price contract with Hamilton Construction on the 1486 Tremont project in Boston's Mission Hill neighborhood. This mixed-use infill project of 66 apartments and 6,200 square feet of ground floor retail uses and accessory off-street parking is within walking distance of the Roxbury Crossing stop on the MBTA's Orange Line. 

    • Professional Associations

      Professional Associations

      Construction Management Association of America
      National Board of Directors

      Construction Management Association of America, New England Chapter
      Board of Directors

      Design-Build Institute of America, New England Region
      Board of Directors

      Massachusetts Building Congress
      Board of Directors

      Massachusetts Society of Professional Engineers
      Past Director and Secretary

      Associated General Contractors of America, Massachusetts Chapter
      Past Director

      American Society of Civil Engineers

      American Arbitration Association
      National Panel of Construction Neutrals

      Wentworth Institute of Technology
      Adjunct Professor of Construction Law (2022 - Current)
    • Honors + Awards

      Honors + Awards

  • NEWS + PRESS
    • Publications

      Publications

      "Massachusetts Prompt Payment Statute means what it says," published by the Associated Subcontractors of Massachusetts in its ASM Updates. (6/14/2022)
      • » more info

        • Massachusetts Prompt Payment Statute means what it says

        "Massachusetts Prompt Payment Statute means what it says," authored by Joseph A. Barra, published by the Associated Subcontractors of Massachusetts in its ASM Updates. (6/14/2022)

        The article addresses the Massachusetts Appeals Court decision strictly interpreting Massachusetts’ Prompt Pay Statute, which dates from 2010. The decision affirmed the Statute’s fundamental purpose and application holding, in Tocci Bldg. Corp. v. IRIV Partners, LLC, (June 7, 2022, Appeals Ct. Nos. 21-P-393, 21-P-733), that when an owner objects to a contractor’s payment application, it must strictly follow the Statute’s protocols in order to preserve its right to withhold payment. Notably, the Statute applies equally to general contractors that fail to pay their subcontractors. Read the full article here. 


      "Are You on the Hook for a Busted Budget?" co-authored with Niel P. Franzese, published in PE, the flagship publication of the National Society of Professional Engineers (Summer 2021)

      "COVID’S Impact on the Designer’s Standard of Care," co-authored with Niel P. Franzese, published in PE, the flagship publication of the National Society of Professional Engineers (Winter 2021)

      "Equitable tolling can’t salvage condo claims," published in Massachusetts Lawyers Weekly. (7/9/2020)
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        • Equitable tolling can’t salvage condo claims

        "Equitable tolling can’t salvage condo claims," authored by Joseph A. Barra, published in Massachusetts Lawyers Weekly. (7/9/2020)

        Construction Group lawyer Joseph A. Barra was quoted in the article “Equitable tolling can’t salvage condo claims” published in Massachusetts Lawyers Weekly on July 9, 2020. The article examines how the Commonwealth of Massachusetts Appeals Court decided, in the case of Saker, et al. v. Steffian Bradley Associates, the doctrine of equitable tolling could not salvage the trust’s time-barred claims because a developer had the same interest as a condominium trust in holding contractors accountable for defective construction. “Boston construction attorney Joseph A. Barra said ‘probably the only lifeline the unit owners could have had’ was mentioned in a footnote: a derivative action against the developer, when it appeared the association had no interest in filing a timely suit against the contractors. In essence, the unit owners would have been asking a judge to order a developer to go after the contractors who performed shoddy work, he said.”


      "Designing a Return-to-Work Structure," co-authored with Matthew T. Miklave, published in the July/August issue of PE, the flagship publication of the National Society of Professional Engineers. (7/1/2020)
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        • Designing a Return-to-Work Structure

        "Designing a Return-to-Work Structure," co-authored by Matthew T. Miklave and Joseph A. Barra, published in the July/August issue of PE, the flagship publication of the National Society of Professional Engineers. (7/1/2020)

        Construction Group member Joe Barra and Labor + Employment Group member Matt Miklave co-authored the article “Designing a Return-to-Work Structure” published in the July/August issue of PE, the flagship publication of the National Society of Professional Engineers. The “Legal Beat” article shares questions engineers need to consider when developing an effective reopening plan. To read the article, click here.


      "Climate Change And The New Normal," published in High Profile (10/21/2019)
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        • Climate Change And The New Normal

        "Climate Change And The New Normal," authored by Joseph A. Barra, published in High Profile (10/21/2019)

        The article covers how climate change is “rapidly becoming a lightning rod of legal exposure for the design community” and explores the impact this phenomenon is having on the way engineers practice as well as the standards by which they are judged.

      • View article

      "Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed (Part 2)," published in the June 2019 issue of the BSCES News, a monthly publication of the Boston Society of Civil Engineers Section/ACSE. (June 2019)
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        • Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed (Part 2)

        "Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed (Part 2)," authored by Joseph A. Barra, published in the June 2019 issue of the BSCES News, a monthly publication of the Boston Society of Civil Engineers Section/ACSE. (June 2019)

        Construction Group lawyer Joseph Barra  authored the article “Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed (Part 2),”published in the June 2019 issue of BSCES News, a monthly publication of the Boston Society of Civil Engineers Section/ASCE. The Prompt Pay Act (Act) took effect on November 8, 2010. This second article addresses the proper use and application of “Pay-if-Paid” clauses; provisions negating a contract obligation that requires a contractor to continue working when an approved payment is more than 30 days late; and contract clauses that improperly restrict a contractor’s ability to trigger a contract’s dispute clause. Joe summarizes the Act’s impact on current practices and makes clear that project participants must understand how the Act renders unenforceable certain contract provisions and common methods of practice. To read the article in the full edition of the BSCES News, click here.


      "Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed," published in BSCES News, published in BSCES News, a publication of the Boston Society of Civil Engineers Section/ASCE (February 2019)
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        • Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed

        "Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed," published in BSCES News, authored by Joseph A. Barra, published in BSCES News, a publication of the Boston Society of Civil Engineers Section/ASCE (February 2019)

        The article covers the impact of the recent law “on the way that pay requisitions and change orders are managed on projects that fall within the Act’s orbit.” It examines the Act’s impact on current practice, including setting “specific time limits for the preparation, submission, review, approval and rejection of applications for payment among all project participants.” Further, the Act also holds all project participants to “specific timeframes and protocols for processing, reviewing, approving and rejecting proposed change orders.”

      • View article

      "Climate Change and the New Normal," published in BSCES News, a publication of the Boston Society of Civil Engineers Section/ASCE (June 2018)
      • » more info

        • Climate Change and the New Normal

        "Climate Change and the New Normal," authored by Joseph A. Barra, published in BSCES News, a publication of the Boston Society of Civil Engineers Section/ASCE (June 2018)

        The article covers how climate change is “fast becoming a lightning rod of legal exposure for the design community” and explores the impact this phenomenon is having on the way engineers practice as well as the standards by which they are measured. “In the absence of exacting code guidance, today’s engineer must independently consider the effects of sea level rise, flooding, heat, freezing conditions, excessive wind, and other environmental factors when developing a conservative design,” said Barra.

      • View article

      "When is a Breach of Contract really a Breach of Contract?" co-authored with Jonathan E. Small, published in BSCES News, a publication of the Boston Society of Civil Engineers Section/ASCE (March 2018)
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        • When is a Breach of Contract really a Breach of Contract?

        "When is a Breach of Contract really a Breach of Contract?" co-authored by Jonathan E. Small and Joseph A. Barra, published in BSCES News, a publication of the Boston Society of Civil Engineers Section/ASCE (March 2018)

        The article examines the recent G4S Technology LLC v. Mass. Technology Park Corp. case, a dispute that arose out of a $45 million public works project to bring a 1,200-mile fiber optic network into western Massachusetts, as it pertains to the 112-year-old Massachusetts’ Forfeiture Rule. The article notes that “[I]f G4S is successful in convincing the High Court to soften the current Forfeiture Rule for contract actions based upon intentional conduct, it may likewise be argued that by extension, the consequences of a design professional’s unintentional conduct should similarly be softened to reflect a 21st century viewpoint.”

      • View article

      "Building Information Modeling: Now that you know how to spell BIM, is it right for you and your project?" (2012)

      "Are You Ready for the New Massachusetts Prompt Pay Act?" published in Construction Management Association of America's New England Chapter Newsletter (Winter 2011)

      "Massachusetts Design Professionals Now File a Lien for Unpaid Design-Phase Services," published in the newsletter of the Construction Management Association of America, New England Chapter (Fall 2011)

      "So You're Going to Be an Expert Witness...Part III – Cross Examination," published in ACEC Insights (1/2011)

      "So You're Going to Be an Expert Witness...Part II – Direct Examination," published in ACEC Insights (6/2010)

      "So You're Going to Be an Expert Witness...," published in ACEC Insights (3/2010)

      State by State Guide to Architect, Engineer & Contractor Licensing (Massachusetts Chapter)

    • Presentations

      Presentations

      "Negotiating Subcontracts Workshop," presented by the Associated Subcontractors of Massachusetts, Inc. (3/1/2023)
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        • Negotiating Subcontracts Workshop

        "Negotiating Subcontracts Workshop," presented by Joseph A. Barra, presented by the Associated Subcontractors of Massachusetts, Inc. (3/1/2023)

        The panel addressed what key subcontract provisions mean, how to negotiate acceptable changes and how these provisions can impact the bottom line.


      "Delivering Successful Projects in the Face of Material Escalation, Labor Shortages, and Supply Chain Turbulence," as part of the White+Burke-hosted "Vermont Development Conference" (11/17/2022)
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        • Delivering Successful Projects in the Face of Material Escalation, Labor Shortages, and Supply Chain Turbulence

        "Delivering Successful Projects in the Face of Material Escalation, Labor Shortages, and Supply Chain Turbulence," presented by Joseph A. Barra, as part of the White+Burke-hosted "Vermont Development Conference" (11/17/2022)

        The diverse panel of construction industry professionals discussed how the market has been on a roller-coaster due to the pandemic and recent fluctuating economic conditions. Project teams have had to navigate dynamic material price increases, labor shortages, and supply chain-related issues to keep their projects on track. The session addressed these issues and offered best practices for managing them. The panelists presented specific strategies, tactics, and claims, using real-life project examples highlighting pre-construction, contract negotiation, procurement, and project execution. A Q&A session followed the panel’s presentation.


      "From Prompt Pay to Retainage: Getting Paid in the Wake of Tocci v. IRIV," presented by the Associated Subcontractors of Massachusetts, Inc. (9/8/2022)
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        • From Prompt Pay to Retainage: Getting Paid in the Wake of Tocci v. IRIV

        "From Prompt Pay to Retainage: Getting Paid in the Wake of Tocci v. IRIV," presented by Joseph A. Barra, presented by the Associated Subcontractors of Massachusetts, Inc. (9/8/2022)

        In June 2022, the Massachusetts Appeals Court issued the first appellate decision interpreting the State’s 10-year-old Prompt Pay Act. That decision, Tocci vs. IRIV, is a win for subcontractors because the Court strictly enforced the language in the Prompt Pay Act. The decision also has significant ramifications on payment rights, including for regular requisitions and change orders, and applies to anyone subcontracting work and receiving payment applications on prompt pay jobs (generally, private commercial projects of more than $3 million). To understand the implications of this case and help subcontractors know what steps can be taken to avoid non-payment and how to properly use the tools available to subcontractors to obtain timely payment, the panel focused its discussion on using the Prompt Pay Act after Tocci v. IRIV - with emphasis on payment applications, statutory requirements, change orders, pay-if-paid, and suspension of work – and retainage, including its limits, the meaning of substantial completion, submission of punch lists, and obtaining coverage.


      "Toward Proactive Claim Management: Avoiding Pitfalls that Lead to Disputes and Increased Costs for Dispute Resolution," co-hosted by the British Columbia and New England Sections of the Society of Construction Law North America (4/28/2022)
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        • Toward Proactive Claim Management: Avoiding Pitfalls that Lead to Disputes and Increased Costs for Dispute Resolution

        "Toward Proactive Claim Management: Avoiding Pitfalls that Lead to Disputes and Increased Costs for Dispute Resolution," presented by Joseph A. Barra, co-hosted by the British Columbia and New England Sections of the Society of Construction Law North America (4/28/2022)

        Cost escalation on construction projects is a real danger for all stakeholders. The panel of experienced counsel and industry experts offered practical tips on how to proactively manage construction claims and avoid common, and often costly, risks and pitfalls. Discussion topics included planning for cost-effective claims through proactive training and document management, managing risk associated with material shortages and cost escalation, and avoiding protracted dispute resolution proceedings. 


      "Material Shortages and Cost Escalation," hosted by the Construction Management Association of America New England (2/17/2022)
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        • Material Shortages and Cost Escalation

        "Material Shortages and Cost Escalation," presented by Joseph A. Barra, hosted by the Construction Management Association of America New England (2/17/2022)

        Given COVID-19’s impact on the built environment, material shortages and cost escalation are among the biggest challenges currently facing the construction industry. Discussion focused on best practices to employ in addressing and managing these risks in existing and future projects, including increasing recovery of costs; how the project’s delivery method dictates this risk; how contract language can be used to allocate the risk and how the project team can manage to address it.


      "Material Shortages and Cost Escalation in the Built Environment and What They Mean for You," during the Vermont Development Conference (11/4/2021)
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        • Material Shortages and Cost Escalation in the Built Environment and What They Mean for You

        "Material Shortages and Cost Escalation in the Built Environment and What They Mean for You," presented by Joseph A. Barra, during the Vermont Development Conference (11/4/2021)

        Given COVID-19’s impact upon the built environment, material shortages and cost escalation are among the biggest challenges currently facing the construction industry. Participants and panelists addressed these issues, including how a project’s delivery method shapes this risk, how contract language can be used to allocate the risk, and how the project team can manage the risk in both existing and future projects.


      "Construction Interrupted: Managing Contracts and Disputes in the COVID Age," Presented as part of the Construction Management Association of America’s National CMAA 2021 conference in Philadelphia, PA (9/13/2021)
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        • Construction Interrupted: Managing Contracts and Disputes in the COVID Age

        "Construction Interrupted: Managing Contracts and Disputes in the COVID Age," presented by Joseph A. Barra, Presented as part of the Construction Management Association of America’s National CMAA 2021 conference in Philadelphia, PA (9/13/2021)

        The panel offered an in-depth look at relevant contract provisions and trends in disputes related to COVID-19, exploring multi-faceted COVID-related impacts on construction, quantification and recovery for COVID impacts, and how to avoid and/or mitigate COVID-related impacts on future projects. The panel also discussed the typical theories, paths, and obstacles to recovery for consideration when requesting an equitable adjustment, other common “landmines,” and common law defenses for non-performance.


      "The MA Prompt Pay Act and Tocci v. IRIV Partners: What the Construction Bar Needs to Know," (3/31/2021)
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        • The MA Prompt Pay Act and Tocci v. IRIV Partners: What the Construction Bar Needs to Know

        "The MA Prompt Pay Act and Tocci v. IRIV Partners: What the Construction Bar Needs to Know," presented by Joseph A. Barra (3/31/2021)

        Construction Law Group member, Joe Barra, presented the Massachusetts Defense Lawyers Association Construction Law Committee's webinar, "The MA Prompt Pay Act and Tocci v. IRIV Partners: What the Construction Bar Needs to Know," on March 31, 2021. This program discussed the requirements of the Prompt Pay Act and how a recent Superior Court decision offers insight on how Massachusetts courts might apply it to private construction projects.


      "Virtual Mediation: A Way To Resolve Construction Disputes Whose Time Has Come," in a program hosted by the Associated General Contractors of Massachusetts (3/19/2021)
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        • Virtual Mediation: A Way To Resolve Construction Disputes Whose Time Has Come

        "Virtual Mediation: A Way To Resolve Construction Disputes Whose Time Has Come," presented by Joseph A. Barra, in a program hosted by the Associated General Contractors of Massachusetts (3/19/2021)

        Construction Group attorney and Mediator, Joe Barra, along with fellow Mediator-panelists John Fieldsteel and Wally McDonough, took part in the program entitled: "Virtual Mediation: A Way To Resolve Construction Disputes Whose Time Has Come," hosted by the Associated General Contractors of Massachusetts on March 19, 2021. The discussion focused on the myths of virtual mediation, including inadequate security, confusing technology, ineffectiveness, inconvenience and more. The panel also shared tips and answered questions on how to make the virtual mediation experience meaningful in order to put disputes in the best settlement posture possible. Joe is an arbitrator on the Panel of Construction Neutrals with the American Arbitration Association and is a Certified Mediator.


      "MA Prompt Pay Act Implications for Management of Private Construction Projects," to the Construction Management Association of America (CMAA) New England Chapter (2/23/2021)
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        • MA Prompt Pay Act Implications for Management of Private Construction Projects

        "MA Prompt Pay Act Implications for Management of Private Construction Projects," presented by Joseph A. Barra, to the Construction Management Association of America (CMAA) New England Chapter (2/23/2021)

        Construction Group member,Joe Barra, presented the Construction Management Association of America (CMAA) New England Chapter's webinar, "MA Prompt Pay Act Implications for Management of Private Construction Projects," on February 23, 2021. The program discussed a recent decision by the Massachusetts Superior Court - Tocci v. IRIV Partners, LLC, et. al. - confirming that Massachusetts Courts intend to strictly construe the terms of the Massachusetts Prompt Pay Statute, which imposed specific requirements on owners, contractors and subcontractors of private projects over $3M with regard to submitting, processing, and approving requests for payment and change orders. Topics included the rationale supporting the decision, the lessons learned, and what the Statute means for construction managers who process pay requisitions and change orders on behalf of their private owner clients. Joe is a past Board  member of the CMAA’s New England and National Chapters.  


      "MA Prompt Pay Act: Implications for Management of Private Construction Projects," (1/28/2021)
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        • MA Prompt Pay Act: Implications for Management of Private Construction Projects

        "MA Prompt Pay Act: Implications for Management of Private Construction Projects," presented by Joseph A. Barra (1/28/2021)

        Construction Group member, Joe Barra, presented the Boston Society of Civil Engineers Section's (BSCES) webinar, "MA Prompt Pay Act: Implications for Management of Private Construction Projects," on January 28, 2021. The presentation discussed Tocci v. IRIV Partners, LLC, a recent decision by the Massachusetts Superior Court strictly construing the Massachusetts Prompt Pay Statute, which imposed specific requirements on owners, contractors and subcontractors of private projects over $3 million with regard to submitting, processing and approving requests for payment and change orders. Joe addressed the rationale supporting the decision, lessons learned, and what lies ahead for design professional who process pay requisitions and manage change orders on behalf of their private clients.


      "Construction Legal Update in the Wake of COVID-19," presented at the Associated Subcontractors of Massachusetts, Inc. Virtual Fall Construction Summit. (10/15/2020)
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        • Construction Legal Update in the Wake of COVID-19

        "Construction Legal Update in the Wake of COVID-19," presented by Joseph A. Barra, presented at the Associated Subcontractors of Massachusetts, Inc. Virtual Fall Construction Summit. (10/15/2020)

        Construction Group member Joe Barra co-presented the program "Construction Legal Update in the Wake of COVID-19" at the Associated Subcontractors of Massachusetts, Inc. Virtual Fall Construction Summit on October 15, 2020. Among other panelists, Joe discussed what has happened in Massachusetts construction since mid-March, including topics involving recent case law, construction delays, notice requirements, force majeure, and added costs. Robinson+Cole was pleased to sponsor the event.


      "Navigating the COVID-19 Crisis: Back to Work…Now What?" co-presented with Matthew T. Miklave, presented by the Associated General Contractors of Vermont (6/24/2020)
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        • Navigating the COVID-19 Crisis: Back to Work…Now What?

        "Navigating the COVID-19 Crisis: Back to Work…Now What?" co-presented by Matthew T. Miklave and Joseph A. Barra, presented by the Associated General Contractors of Vermont (6/24/2020)

        Construction Law Group member, Joe Barra, and Labor and Employment Group member, Matt Miklave, were among the panelists who presented the webinar, "Navigating the COVID-19 Crisis: Back to Work…Now What?" to the Associated General Contractors of Vermont on June 24, 2020. Panelists discussed the practical considerations of moving forward in a COVID-19 environment as they pertain to Labor and Employment, the Occupational Safety and Health Administration (OSHA), and Construction Claims Management.


      "COVID-19 and Returning to Work: Important Concerns for the AEC Community," co-presented with Matthew T. Miklave and Niel P. Franzese, presented by the Associated General Contractors of Massachusetts (5/18/2020)
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        • COVID-19 and Returning to Work: Important Concerns for the AEC Community

        "COVID-19 and Returning to Work: Important Concerns for the AEC Community," co-presented by Matthew T. Miklave, Niel P. Franzese and Joseph A. Barra, presented by the Associated General Contractors of Massachusetts (5/18/2020)

        Construction Group members Joe Barra and Niel Franzese and Labor and Employment Group member Matt Miklave co-presented the webinar, "COVID-19 and Returning to Work: Important Concerns for the AEC Community" alongside Brian Morrill of GZA GeoEnvironmental on May 18, 2020. The panel discussion addressed four important areas that the AEC Community should understand when deciding whether and how to return to the office and the project site. The program was moderated by Joe, a former Board member of both CMAA and MSPE, and focused on the practical considerations of moving forward in a COVID-19 environment as they pertain to Labor and Employment, Industrial Hygiene, recent directives from the Mayor of Boston and the Governor of Massachusetts, and Risk Management.


      "Getting Back to Work: Important Concerns for the AEC Community," co-presented with Matthew T. Miklave and Niel P. Franzese, which discussed practical labor and employment considerations for re-opening offices and project sites; industrial and corporate hygiene; and the potential implications of the City of Boston’s COVID-19 Safety Plan for Construction (5/5/2020)
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        • Getting Back to Work: Important Concerns for the AEC Community

        "Getting Back to Work: Important Concerns for the AEC Community," co-presented by Matthew T. Miklave, Niel P. Franzese and Joseph A. Barra, which discussed practical labor and employment considerations for re-opening offices and project sites; industrial and corporate hygiene; and the potential implications of the City of Boston’s COVID-19 Safety Plan for Construction (5/5/2020)

        Construction Group member Joe Barra moderated the May 5, 2020 webinar panel discussion “Getting Back to Work: Important Concerns for the AEC Community,” which included fellow Construction Group member Niel Franzese and LEB+I Group member Matt Miklave, along with industry colleague Brian Morrill from GZA GeoEnvironmental. The panel discussed practical labor and employment considerations for re-opening offices and project sites; industrial and corporate hygiene; and the potential implications of the City of Boston’s COVID-19 Safety Plan for Construction.

        The program was sponsored by the Associated General Contractors of Massachusetts’s (AGC MA) as part of its “Building Endurance: Learning to Navigate the COVID-19 Crisis” webinar series. The series is designed to address the immediate challenges the pandemic represents to the workforce, clients and employees; broader resiliency issues during shutdowns; the critical plan in returning business to scale as quickly as is safely possible; and the resultant shift in the regulatory and competitive environment.


      "Massachusetts Prompt Pay and Retainage Acts," presented as part of the Associated General Contractors of Massachusetts' Emerging Contractor's Risk Toolkit series. (12/4/2019)
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        • Massachusetts Prompt Pay and Retainage Acts

        "Massachusetts Prompt Pay and Retainage Acts," presented by Joseph A. Barra, presented as part of the Associated General Contractors of Massachusetts' Emerging Contractor's Risk Toolkit series. (12/4/2019)

        Construction Group partner Joe Barra co-presented the program “Massachusetts Prompt Pay and Retainage Acts” in Wellesley, Massachusetts on December 4, 2019. The presentation focused on how recent Massachusetts legislation has impacted the way members of the Built Environment need to revise their existing contracts and reshape their construction administration responsibilities to address new traps for the unwary. The program was sponsored by the Associated General Contractors of Massachusetts (AGC) and is part of the AGC’s Emerging Contractor’s Risk Toolkit series.


      "How Will the Massachusetts Retainage Act Affect My Responsibilities on the Project," presented as part of the Boston Society of Civil Engineers Section Boston Day-Summit: Construction Institute Boston Chapter (11/30/2018)
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        • How Will the Massachusetts Retainage Act Affect My Responsibilities on the Project

        "How Will the Massachusetts Retainage Act Affect My Responsibilities on the Project," presented by Joseph A. Barra, presented as part of the Boston Society of Civil Engineers Section Boston Day-Summit: Construction Institute Boston Chapter (11/30/2018)

        Presented by the Boston Society of Civil Engineers Section, the full-day seminar included a mix of project case studies, technical reviews, legal issues in construction, technology and innovative planning and construction techniques, and specific construction projects and detailed challenges. During his session, Joe examined the application of the Massachusetts Retainage Act to private construction projects in Massachusetts and how the statute changes the traditional paradigm of a project’s close-out process with respect to substantial completion and retainage. Robinson+Cole was a sponsor of the summit.


      "Why P3 (Public/Private Partnership) is gaining popularity in Massachusetts," presented by the New England Chapter of the Construction Management Association of America at the Wentworth Institute of Technology in Boston, Massachusetts (11/13/2018)
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        • Why P3 (Public/Private Partnership) is gaining popularity in Massachusetts

        "Why P3 (Public/Private Partnership) is gaining popularity in Massachusetts," presented by Joseph A. Barra, presented by the New England Chapter of the Construction Management Association of America at the Wentworth Institute of Technology in Boston, Massachusetts (11/13/2018)

        The program focused on how a number of agencies are looking into different models, such as P3, as a means of maintaining updated infrastructure projects without having to make large investments. As an example of one such cost-effective solution, the panel examined the strategies and motivations that prompted the UMass Building Authority to pursue P3 for recent building projects on its Boston campus and the process they undertook to ensure a quality facility.


      "Building Information Modeling (BIM) Contract Form," at Massachusetts Integrated BIM Approach (MBIA)'s session focusing on contract language adjustments (6/16/2016)

      "Massport's BIM Addendum & Lean Update," co-presented with Dr. Luciana Burdi and Danielle Arciero of Massport, sponsored by the American Council of Engineering Companies of Massachusetts (ACEC/MA) (12/1/2015)

      "The Basics of Construction Litigation and Arbitration," co-presented with Jonathan R. Hausner, taught prep course for the Construction Management Association of America's (CMAA) Certified Construction Manager (CCM) Exam at the Wentworth Institute of Technology (3/3/2015)

      "Overview of Resiliency and Massachusetts Implementation Plans," served as a panelist at a program sponsored by the New England Chapter of the Construction Management Association of America (9/16/2014)

      "Who Owns the Risk?" at workshop hosted by Associated General Contractors (AGC) Massachusetts in Boston, co-presented with Robert Foster Jr. of Leggat McCall; Peter Hamill of Turner Construction; Frederick Kramer of ADD, Inc.; Maureen McDonough of Harvard Planning & Project Management; and Robert Murray of BOND (12/4/2013)

      "Lies, Diversions, and Other Obstacles to Productive Mediation," presented by the Boston Bar Association, Panelist (9/13/2012)

      "Design-Build Joint Ventures," at dinner meeting of the Rhode Island Chapter of the American Society of Civil Engineers (3/15/2012)

      "Design-Build Project Delivery: Is It Right for Your Project?" Panelist (1/10/2012)

      "The Commonwealth's New Prompt Pay Law," at the program 3-in-1 Overview: How New Regulatory Changes May Affect You, hosted by the International Facility Management Association of Boston (3/10/2011)

      "Risk Management," at CMAA New England Chapter Breakfast Program (12/14/2010)

      "Risk Management and Alternative Dispute Resolution," at CMAA New England Chapter Breakfast Program (10/12/2010)

      "Recent Developments in Construction Manager Liability," at CMAA National Conference (10/5/2010)

      "Massachusetts' Construction Reform Legislation," at Town of Needham, Massachusetts (2007); The American Society of Civil Engineers, Rhode Island Chapter (2005); New England Construction Management Association of America, Boston, Massachusetts (2004, 2005)

      "America's Aging Infrastructure & Massachusetts Highway Bridge Inspection Program," at Construction Management Association of America, New England Chapter (2007)

      "Integrated Project Delivery," at Massport, Boston, Massachusetts (2009); Construction Management Association of America National Conference, Phoenix, Arizona (2009); Design-Build Institute of America New England Chapter, Boston, Massachusetts (2009)

      "Construction Management: Preparing the New Generation of Leaders — What Can Go Wrong in CM Delivery Methods: The Legal Perspective," at Wentworth Institute of Technology, Boston, Massachusetts (2006)

      "CM at Risk on Massachusetts Public Building Projects," at Town of Franklin, Massachusetts (2008); Massachusetts Association of Building Officials (2006)

    • News

      R+C in the News

      • February 17, 2023

        Joe Barra Quoted in Massachusetts Lawyers Weekly Article on Rare Decision in Construction Case

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          Joe Barra Quoted in Massachusetts Lawyers Weekly Article on Rare Decision in Construction Case

          Construction Law Group member, Joseph A. Barra, was quoted in the article “In rare decision, judge dissolves lien in construction case,” published in the Massachusetts Lawyers Weekly on February 9, 2023. The article addresses the Trial Court’s determination that a contractor’s notice of contract was inaccurate and “filed so willfully and intentionally as to warrant the rare remedy of dissolving it.”

          At issue was the Court’s finding that the lien met the standard for dismissal given that the proceeding was conducted pursuant to the Commonwealth’s Summary Disposition Statute (G.L.c. 254, §15A). Joe is of the view that under the Supreme Judicial Court’s 2004 decision in Golden v. General Builders Supply, the Trial Court might have exceeded its authority in a Summary Discharge proceeding. “As a general rule, summary discharge of a lien is proper when the lien is defective on its face,” noting that “(w)hile the [Summary Disposition] statute does provide other reasons for discharging a lien, none of them involve a factual finding of ‘willfulness.’ Joe added, “I don’t believe that the court is authorized to make such factual determinations in this abbreviated forum, especially in the context of a motion for a preliminary injunction.” Joe pointed out that an important takeaway from the decision is that contractors who over-state the value of liens do so at their peril and run the risk of losing the lien in its entirety. Read the article.

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      • August 11, 2022

        Joe Barra Appointed Adjunct Professor of Construction Law at Wentworth Institute of Technology

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          Joe Barra Appointed Adjunct Professor of Construction Law at Wentworth Institute of Technology

          Congratulations to Construction Law Group Partner Joe Barra, who was recently appointed an Adjunct Professor at Wentworth Institute of Technology. Joe will teach Construction Law to graduate students in Wentworth’s Construction Management Master’s degree program. The Boston-based University comprises five schools that focus on Engineering, Architecture and Construction Management.  

      • November 29, 2021

        Joe Barra Quoted in Article on Product Shortages and Rising Costs

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          Joe Barra Quoted in Article on Product Shortages and Rising Costs

          Construction Law Group member, Joseph A. Barra, was quoted in the article "From Christmas trees to refrigerators, Vermonters are facing shortages and rising costs," published in the November 14, 2021, issue of the VTDigger. The story highlights construction projects in Vermont and across the country that have been affected by labor and material shortages, delays resulting from COVID, bottlenecks in supply chains here and abroad, and other issues plaguing the construction industry. Addressing how these impacts are affecting the rising costs of construction, Joe said, "You've got certain protectionist legislation, protective tariffs that the government has imposed that makes the price of raw materials more expensive or (creates) shortages... Lack of supply to U.S. markets would be one illustration of that.” Read the full article here. 

      • August 5, 2021

        Joe Barra and Niel Franzese Author NSPE Article on Designers’ Exposure for Construction Cost Overruns

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          Joe Barra and Niel Franzese Author NSPE Article on Designers’ Exposure for Construction Cost Overruns

          Construction Law Group lawyers Joseph A. Barra and Niel P. Franzese authored the article “Are You on the Hook for a Busted Budget?” published in the “Legal Beat” column of the Summer 2021 issue of PE Magazine, the flagship publication of the National Society of Professional Engineers (NSPE). Given labor challenges and skyrocketing material costs resulting from the COIVD-19 pandemic, the obligation for a design professional to “design to budget” can be an unsuspected and sometimes overlooked source of exposure. Joe and Niel cover how some of the industry standard contract forms address a designers’ exposure for construction cost overruns. One of the article’s risk-mitigation recommendations seeks to balance this exposure by empowering the owner to track such volatility: “As the volatile construction market continues to impact the predictability of a project’s ultimate construction cost, designers would be best served to encourage owners to retain the services of a qualified cost engineer in order to keep pace with market fluctuations.” Read the article.

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      • July 26, 2021

        Joe Barra Quoted in Massachusetts Lawyers Weekly Article on the Statute of Repose

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          Joe Barra Quoted in Massachusetts Lawyers Weekly Article on the Statute of Repose

          Construction Law Group member Joseph A. Barra was quoted in the article “Condo collapse prompts calls to fix flaws in laws” published in Massachusetts Lawyers Weekly on July 22, 2021. With regard to the recent collapse of the Champlain Towers South high rise apartment building in Miami, FL, the article discusses how Florida’s Statute of Repose could shield design professionals from liability should it be found that the collapse was caused, in part, by a design error.

          In the article, Joe explains how statutes of repose generally apply in such situations and describes the differences between its applicability to the design of a building and the design of a manufactured product. Barra states, “’In product liability cases, a manufacturer has many, many chances to get the design of its product correct’ adding, “In some instances, courts will not even permit evidence at trial of subsequent remedial measures. In contrast to the building construction industry,” he states, “a building designer has only one opportunity to get it right. As a result, the law holds [building] designers not to a standard of “perfection”…rather, the designer must meet the professional standard of care.” Subscribers can read the full article.

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      • February 12, 2021

        Joe Barra and Niel Franzese Author NSPE Article on COVID’s Impact on the Designer’s Standard of Care

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          Joe Barra and Niel Franzese Author NSPE Article on COVID’s Impact on the Designer’s Standard of Care

          Construction Law Group lawyers Joseph A. Barra and Niel P. Franzese authored the article “COVID’s Impact on the Designer’s Standard of Care” published in the “Legal Beat” column of the Winter 2021 issue of PE, the flagship publication of the National Society of Professional Engineers (NSPE). The article focuses on COVID-19’s impact to the common law as it affects the design professional’s standard of care. Joe and Niel offer a primer on the design professional’s standard of care and share insight on how it’s measured, how COVID-19 might change the standard of care, and how it may impact design professionals’ future engagements. Read the full article.

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      • December 14, 2020

        Joe Barra Quoted on Prompt Payment Act in Massachusetts Lawyers Weekly Article

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          Joe Barra Quoted on Prompt Payment Act in Massachusetts Lawyers Weekly Article

          Construction Group lawyer Joseph A. Barra was quoted in the article “Judge strictly construes Prompt Payment Act” published in Massachusetts Lawyers Weekly on December 10, 2020. The article focuses on a recent decision by the Massachusetts Superior Court entitled, Tocci v. IRIV Partners, LLC, et. al. which confirmed that Massachusetts Courts intend to strictly construe the Massachusetts Prompt Pay Statute. Passed in 2010, the Statute imposed specific requirements on owners, contractors and subcontractors of private projects over $3M with regard to submitting, processing and approving requests for payment and change orders. In Tocci, the Court ordered the owner to pay the contractor disputed monies simply because the owner failed to timely and properly object to the contractor’s invoices. “I believe [the decision] will have serious and far-reaching implications in the way private construction projects in Massachusetts will be managed,” Joe said. Read the article.

           

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      • July 21, 2020

        Joe Barra and Matt Miklave Co-Author PE "Legal Beat" Article

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          Joe Barra and Matt Miklave Co-Author PE "Legal Beat" Article

          Construction Group member Joe Barra and Labor + Employment Group member Matt Miklave co-authored the article “Designing a Return-to-Work Structure” published in PE, the flagship publication of the National Society of Professional Engineers. The “Legal Beat” article shares questions engineers need to consider when developing an effective reopening plan. To read the article, click here.

      • July 13, 2020

        Joe Barra Quoted on Equitable Tolling Article Published in Massachusetts Lawyers Weekly

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          Joe Barra Quoted on Equitable Tolling Article Published in Massachusetts Lawyers Weekly

          Construction Group lawyer Joseph A. Barra was quoted in the article “Equitable tolling can’t salvage condo claims” published in Massachusetts Lawyers Weekly on July 9, 2020. The article examines how in Saker, et al. v. Steffian Bradley Associates, the Massachusetts Appeals Court decided that the Equitable Tolling Doctrine did not toll the Unit Owners’ defective construction claims against the condominium’s general contractor and certain subcontractors. When queried as to what practice tips could be gleaned from the decision, Joe responded that perhaps the only “lifeline” the unit owners could have had was a derivative action forcing the developer-controlled association to sue the contractors before the Unit Owners took control of the Board. Read the article. 

      • October 29, 2019

        Joe Barra Article on Climate Change Published in High Profile Magazine

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          Joe Barra Article on Climate Change Published in High Profile Magazine

          Construction Group lawyer Joseph A. Barra authored the article “Climate Change and the New Normal,” published in High Profile magazine on October 21, 2019. The article covers how climate change is “rapidly becoming a lightning rod of legal exposure for the design community” and explores the impact this phenomenon is having on the way engineers practice as well as the standards by which they are judged. Read the full article.

      • March 14, 2019

        Joe Barra Authors Article on Pitfalls of the Massachusetts Prompt Pay Act

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          Joe Barra Authors Article on Pitfalls of the Massachusetts Prompt Pay Act

          Construction Group lawyer Joseph A. Barra authored the article “Engineers Beware: The Massachusetts Prompt Pay Act Contains Hidden Pitfalls for the Uninformed,” published in the February 2019 issue of BSCES News, a monthly publication of the Boston Society of Civil Engineers Section/ASCE. The article covers the impact of the recent law “on the way that pay requisitions and change orders are managed on projects that fall within the Act’s orbit.” It examines the Act’s impact on current practice, including setting “specific time limits for the preparation, submission, review, approval and rejection of applications for payment among all project participants.” Further, the Act also holds all project participants to “specific timeframes and protocols for processing, reviewing, approving and rejecting proposed change orders.”

      • December 10, 2018

        Joe Barra Presents Program on Massachusetts Retainage Act

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          Joe Barra Presents Program on Massachusetts Retainage Act

          Construction Group lawyer Joseph A. Barra presented a program entitled “How Will the Massachusetts Retainage Act Affect My Responsibilities on the Project?” as part of the Boston Day-Summit: Construction Institute Boston Chapter in Boston on November 30, 2018. Presented by the Boston Society of Civil Engineers Section, the full-day seminar included a mix of project case studies, technical reviews, legal issues in construction, technology and innovative planning and construction techniques, and specific construction projects and detailed challenges. During his session, Joe examined the application of the Massachusetts Retainage Act to private construction projects in Massachusetts and how the statute changes the traditional paradigm of a project’s close-out process with respect to substantial completion and retainage. Robinson+Cole was a sponsor of the summit.

      • November 21, 2018

        Joe Barra Presents CMAA Program on P3 Popularity in Massachusetts

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          Joe Barra Presents CMAA Program on P3 Popularity in Massachusetts

          Construction Group lawyer Joseph A. Barra was one of three featured speakers during the panel discussion "Why P3 (Public/Private Partnership) is gaining popularity in Massachusetts” at the Wentworth Institute of Technology in Boston, Massachusetts on November 13, 2018. Presented by the New England Chapter of the Construction Management Association of America, the program focused on how a number of agencies are looking into different models, such as P3, as a means of maintaining updated infrastructure projects without having to make large investments. As an example of one such cost-effective solution, the panel examined the strategies and motivations that prompted the UMass Building Authority to pursue P3 for recent building projects on its Boston campus and the process they undertook to ensure a quality facility.

      • July 13, 2018

        Joe Barra Authors Article on Climate Change Published in BSCES News

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          Joe Barra Authors Article on Climate Change Published in BSCES News

          Construction Group lawyer Joseph A. Barra authored the article “Climate Change and the New Normal,” published in the June 2018 issue of BSCES News, a monthly publication of the Boston Society of Civil Engineers Section/ASCE. The article covers how climate change is “fast becoming a lightning rod of legal exposure for the design community” and explores the impact this phenomenon is having on the way engineers practice as well as the standards by which they are measured. “In the absence of exacting code guidance, today’s engineer must independently consider the effects of sea level rise, flooding, heat, freezing conditions, excessive wind, and other environmental factors when developing a conservative design,” said Barra. Read the full article.

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      • July 6, 2018

        Joe Barra Quoted in Massachusetts Lawyers Weekly Article on Unenforceable Mechanic’s Lien Due to Statutory Noncompliance

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          Joe Barra Quoted in Massachusetts Lawyers Weekly Article on Unenforceable Mechanic’s Lien Due to Statutory Noncompliance

          Construction Group lawyer Joseph A. Barra was quoted in the article “Mechanic’s lien unenforceable due to statutory noncompliance - Not based on contract referenced in lien filing docs,” published in Massachusetts Lawyers Weekly on June 20, 2018. The article covers a recent Massachusetts Superior Court decision in which homeowners were entitled to summary discharge of a mechanic’s lien filed by a contractor that could not produce the original contract referenced in its filing, but later produced a nearly identical contract for a different amount (Atlas Contracting, Inc. v. Saleh, et al.). “Barra said the mechanic’s lien statute does provide for flexibility when it comes to defining the contract at issue. That is because the Legislature amended the statute in 1996, broadening the definition of ‘written contract’ to include any written, enforceable contract, Barra said. ‘Given these circumstances, I believe that the court had the authority to apply the $227,294 contract to Atlas’ notice but elected not to exercise its discretion,’ he said, adding that the strategic decision of Atlas’ attorney to supplement the record with that contract was the right decision, as counsel was obligated to disclose that finding to the court.” Read the full article.

      • June 25, 2018

        Joe Barra and Jon Small Co-author Article on Breach of Contract Published in BSCES News

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          Joe Barra and Jon Small Co-author Article on Breach of Contract Published in BSCES News

          Construction Group lawyer Joseph A. Barra and Insurance + Reinsurance Group lawyer Jonathan E. Small co-authored the article “When is a Breach of Contract really a Breach of Contract?,” published in the March 2018 issue of BSCES News, a monthly publication of the Boston Society of Civil Engineers Section/ASCE. The article examines the recent G4S Technology LLC v. Mass. Technology Park Corp. case, a dispute that arose out of a $45 million public works project to bring a 1,200-mile fiber optic network into western Massachusetts, as it pertains to the 112-year-old Massachusetts’ Forfeiture Rule. The article notes that “[I]f G4S is successful in convincing the High Court to soften the current Forfeiture Rule for contract actions based upon intentional conduct, it may likewise be argued that by extension, the consequences of a design professional’s unintentional conduct should similarly be softened to reflect a 21st century viewpoint.” Read the full article.

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      • March 5, 2018

        Joe Barra Quoted in Massachusetts Lawyers Weekly Article on Challenge to Historic Forfeiture Rule

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          Joe Barra Quoted in Massachusetts Lawyers Weekly Article on Challenge to Historic Forfeiture Rule

          Construction Group lawyer Joseph A. Barra was quoted in the article “SJC to review forfeiture rule in construction cases,” published in Massachusetts Lawyers Weekly on February 22, 2018. The article discusses a case being argued on March 5 in which the Supreme Judicial Court will be asked to overturn a 112-year-old rule whereby a party's own intentional breach of contract precludes it from asserting a claim for the other parties' alleged breach.

      • June 23, 2016

        Joe Barra Presents to MIBA on Building Information Modeling (BIM) Contract Form

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          Joe Barra Presents to MIBA on Building Information Modeling (BIM) Contract Form

          Construction lawyer Joseph A. Barra presented at MIBA's (Massachusetts Integrated BIM Approach) recent session on the contract implications of using BIM. (MIBA's purpose is to develop a consistent and unified approach to project planning and use of BIM.) In attendance were several of the Commonwealth's Public Agencies including DCAM and MDOT. During his presentation, he introduced Massport's BIM Exhibit, the first of its kind for any public agency in Massachusetts.

      • January 25, 2016

        Joe Barra Featured in Massachusetts Lawyers Weekly Article

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          Joe Barra Featured in Massachusetts Lawyers Weekly Article

          Joseph A. Barra was interviewed and quoted in the article "Homeowner's orders fail to save contractor," published on January 14, 2016, in Massachusetts Lawyers Weekly. The article discusses a case where the plaintiffs hired a construction company to replace their roof. Instead of replacing the roof, the company placed a new rubber membrane over the existing roof. After discovering that this violated the building code, the plaintiffs sued the company to recover the cost of replacing the roof. The Appeals Court decided that a contractor is liable under Chapter 93A for a building code violation even if the homeowner agrees to the work performed or even orders that it be done. In discussing the implications, Mr. Barra said, in part, that "contractors have a duty to investigate the conditions at a property, rather than relying on a homeowner's word," and when faced with a situation where the owner is asking the contractor to ignore an almost certain building code violation, it might be wise for the contractor to "simply walk away from the job."

          Mr. Barra is a construction lawyer in Robinson+Cole's Boston office.

      • December 9, 2015

        Joe Barra Co-presents at ACEC/MA Program

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          Joe Barra Co-presents at ACEC/MA Program

          Construction lawyer Joseph A. Barra spoke at a Transportation Update Meeting sponsored by the American Council of Engineering Companies of Massachusetts (ACEC/MA) on December 1, 2015, in Boston, Massachusetts. Along with Dr. Luciana Burdi and Danielle Arciero of Massport, Mr. Barra presented on "Massport's BIM Addenda & Lean Update."

      • September 19, 2014

        Joe Barra Speaks on Climate Change

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          Joe Barra Speaks on Climate Change

          Construction lawyer Joseph A. Barra served as a panelist at a program sponsored by the New England Chapter of the Construction Management Association of America (CMAA) on September 16, 2014. The session, entitled "Overview of Resiliency and Massachusetts Implementation Plans," addressed the need in Massachusetts to emphasize resiliency in design and construction and to modify the Commonwealth's infrastructure in order to cope with the challenges of climate change. Mr. Barra, along with the other panelists from the Massachusetts Port Authority and UMASS Memorial Hospital, spoke about the progress that has been made so far and the challenges that lie ahead.

      • January 7, 2014

        Construction Lawyer Serves as Panelist at AGC Workshop

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          Construction Lawyer Serves as Panelist at AGC Workshop

          Construction lawyer Joseph A. Barra participated in the panel "Who Owns the Risk?" on December 4, 2013, in Boston, Massachusetts. Hosted by Associated General Contractors (AGC) Massachusetts, the panelists in this interactive workshop discussed how risk affects their company or organization. Ideas and concerns regarding risk were shared among the 90-plus attendees. Mr. Barra was joined by these other panelists: Robert Foster, Jr., senior vice president of development at Leggat McCall; Peter Hamill, vice president of operations at Turner Construction; Frederick Kramer, AIA, president of ADD, Inc.; Maureen McDonough, senior director of administration strategies at Harvard Planning & Project Management, and Robert Murray, president of BOND.
      • August 23, 2013

        Boston Lawyer's Views on BIM Highlighted in Engineering News-Record

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          Boston Lawyer's Views on BIM Highlighted in Engineering News-Record

          Construction lawyer Joseph A. Barra was featured in the section "Spotlight on Construction in New England" of the Engineering News-Record, published on July 15, 2013. In the article entitled "Contract Law Catching up with Construction Technology," Mr. Barra discusses his perspective on how the law is struggling to keep pace with the risks associated with building information modeling (BIM). The article explores the difficulties in fairly allocating risk and how the contract negotiation process needs to start with a full understanding of the model's purpose. Among other quotes, Barra concludes, "[t]he law typically lags technology. In my day, we used Leroy® pens to develop design documents. Computer-aided design (CAD) changed that. Today, CAD is the standard. Tomorrow, it will be BIM. Architects, engineers and contractors need to get on board the BIM train or else they will be left at the station."

          A more comprehensive analysis of how the law applies to BIM risks can be found in Mr. Barra's brochure entitled Building Information Modeling: Now that you know how to spell BIM, is it right for you and your project?

      • June 17, 2013

        Joseph Barra to Present at Upcoming Massachusetts Construction Law Series

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          Joseph Barra to Present at Upcoming Massachusetts Construction Law Series

          As part of the AGC of Massachusetts Construction Law Series, construction lawyer Joseph A. Barra will present the program "Building Information Modeling (BIM)" on Tuesday, June 25, in Wellesley, Massachusetts. Mr. Barra will talk about viewing BIM from a lawyer's point of view as well as address the factors to consider when deciding whether to use BIM and the associated legal provisions in a contract. Click here to view program details.
      • April 29, 2013

        Boston Lawyer Receives CMAA's Distinguished Service Award

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          Boston Lawyer Receives CMAA's Distinguished Service Award

          Construction lawyer Joseph A. Barra received one of the 2013 Distinguished Service Awards at the 19th Annual Project Achievement Awards Luncheon, presented by the Construction Management Association of America (CMAA), New England Chapter. Held in Boston, Massachusetts, on April 23, 2013, this event recognizes exceptional achievement in the New England construction management community. Mr. Barra was honored for his years of service, his support of the Standards of Practice course, and his valuable insight on the workings of the CMAA's New England Chapter.
      • October 5, 2012

        Construction Partner Talks About Mediation on Panel Discussion

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          Construction Partner Talks About Mediation on Panel Discussion

          Construction partner Joseph A. Barra was a panelist for a discussion about situations that can derail mediation, “Lies, Diversions and Other Obstacles to Productive Mediation,” hosted by the Boston Bar Association on September 13, 2012.

          The discussion covered process control, dealing with lies and diversionary tactics, issue prioritization, caucus management, alliance groups in multiparty mediation, and transition techniques when mediation does not resolve all disputes.

          Law professor Dwight E. Golann of Suffolk University Law School and James E. McGuire of JAMS, the world’s largest private alternative dispute resolution provider, also spoke on the panel.
      • April 4, 2012

        Construction Partner Delivers Presentation on Joint Ventures

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          Construction Partner Delivers Presentation on Joint Ventures

          Construction partner Joseph A. Barra was the keynote speaker at the dinner meeting of the Rhode Island chapter of the American Society of Civil Engineers at the Ivy Garden in West Warwick on March 15, 2012. Mr. Barra talked about design-build joint ventures from formation through dissolution. He presented factors from company culture to opportunities a joint venture opens.
      • January 27, 2012

        Construction Partner Spoke on Panel for Design-Build Projects in New England

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          Construction Partner Spoke on Panel for Design-Build Projects in New England

          Construction partner Joseph A. Barra was a panelist for a breakfast presentation entitled “Design-Build Project Delivery: Is It Right For Your Project?” The New England chapters of the Construction Management Association of America and the Design-Build Institute of America sponsored the breakfast at the Wentworth Institute of Technology in Boston on January 10, 2012. Mr. Barra’s talk focused on joint ventures for design-build projects.
      • December 8, 2011

        Article on Massachusetts Lien Law by Construction Partner Published in Construction Management Association Newsletter

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          Article on Massachusetts Lien Law by Construction Partner Published in Construction Management Association Newsletter

          The New England chapter of the Construction Management Association of America published an article written by construction partner Joseph A. Barra in the association’s fall 2011 newsletter. The article, “Massachusetts Design Professionals Now File A Lien For Unpaid Design-Phase Services,” covered a new amendment to the Massachusetts lien law.
      • June 7, 2011

        Joseph Barra Gives Practical Tips at the MCLE Construction Law and Litigation Seminar

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          Joseph Barra Gives Practical Tips at the MCLE Construction Law and Litigation Seminar

          Construction partner Joseph A. Barra presented at the May 26, 2011, Massachusetts Continuing Legal Education seminar “Practical Cutting-Edge Tips and Trends for the Experienced Construction Lawyer” in Boston, Massachusetts. The seminar agenda covered updates on construction law developments and trends, including hiring counsel, public-private partnerships, and the new Massachusetts Prompt Payment Act.
      • February 4, 2011

        Construction Attorney Gives Tips for the Expert Witness

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          Construction Attorney Gives Tips for the Expert Witness

          Joseph A. Barra, construction partner in the firm’s Boston office, recently cowrote the third installment of his expert witness series, “So You’re Going to Be an Expert Witness…Part III – Cross-Examination.” The article, published in ACEC Insights, the American Council of Engineering Companies of Massachusetts’ monthly publication, focuses on best practices for expert witnesses during cross-examination, including the role of opposing counsel, the role of the expert witness, common traps, and how to cope. The first article in this series was published in March 2010 and examined the process of becoming an expert witness. Part two was published in June 2010 and explored direct examination.

          To read the full article of “So You’re Going to Be an Expert Witness…Part III – Cross-Examination,” click here.

      R+C News Releases

      • October 21, 2010

        Joseph A. Barra Joins Robinson & Cole’s Construction Group

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          Joseph A. Barra Joins Robinson & Cole’s Construction Group

          Lawyer Joseph A. Barra has been elected partner in the Construction Group in Robinson & Cole LLP's Boston office. Mr. Barra brings significant experience handling disputes and transactional matters involving design and construction of commercial, retail, educational, industrial, transportation, and utility projects. With skills gained in his first career as a civil engineer, he has represented clients in the construction industry for the past 20 years.
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