Murphy, Hesse, Toomey & Lehane, LLP Attorney Receives Favorable Decision from Attorney General’s Office Bid Unit
On April 27, 2021, the Attorney General’s Office Bid Unit denied the Bid Protest filed by CTA Construction Managers, LLC protesting the decision of the Dennis-Yarmouth Regional School District (“District”) regarding the rescission of the District’s award of the Project. The Project consists of the construction of the District’s new intermediate school project, which will cost approximately $83,000,000. Attorney Peter T. McNulty from Murphy, Hesse, Toomey & Lehane, LLP represented the District throughout the defense of the Bid Protest before the Attorney General’s Bid Unit. At an April 12 hearing, CTA Construction Managers alleged that the District “abused its discretion” and “illegally compared CTA to the second-lowest bidder” when the District reversed their decision to award the Project to CTA.
While the District initially selected CTA as the lowest bidder, the District later rescinded their decision to award the project to CTA following revelations of new information outlining evidence of problematic projects conducted by CTA. At the hearing, CTA alleged the District already had all the information in its possession and abused its discretion in considering said information. The District argued that as the awarding authority, it was not only able to investigate the new information but obligated to do so. After the record was closed on April 20, 2021, the Attorney General’s Office denied the Bid Protest, stating that the District did not abuse its discretion in rescinding its initial award to CTA and awarding the Project to the next lowest qualified and responsible bidder.
Formerly corporate counsel at a large Community Bank, Mr. McNulty’s practice is primarily focused on corporate and financial transactional work and real estate dispositions and acquisitions. Mr. McNulty handles the full spectrum of corporate and real estate matters and has assisted clients with entity formation, real estate transactions, mergers & acquisitions, and investments, as well as commercial and residential acquisitions and dispositions. Additionally, Mr. McNulty represents and advises various financial institutions and private clients on a wide range of topics, including corporate governance, compliance, construction and secured lending, work outs and modifications, bankruptcy and foreclosure, and general litigation.
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On August 12, 2022, Governor Charlie Baker signed S. 3096, “An act relative to equity in the cannabis industry,” (“Act”) into law. The Act reforms Massachusetts’s existing marijuana laws, particularly with respect to host community agreements (“HCAs”), community impact fees (“CIFs”), and social consumption sites (e.g. marijuana cafes). The Act empowers the Cannabis Control Commission (“Commission”), the state regulatory agency, to exert greater control over HCAs and their CIFs. Municipalities levy CIFs on cannabis businesses to account for the costs they impose on the municipality as a result of their operations. Additionally, the Act allows municipalities to permit on-premises social consumption of marijuana at designated sites. Other notable provisions of the Act include the new Social Equity Trust Fund (“Trust Fund”), changes to the tax law regarding cannabis businesses, and various provisions concerning those persons and communities most impacted by the prior illegality of marijuana usage and sale. Governor Baker vetoed only one section of the final bill: the provision calling on the state to conduct a study of medical marijuana usage in schools.