To The Extent of Negligence
OWNER’S CLAIM FOR INDEMNITY TO THE EXTENT OF ENGINEER’S NEGLIGENCE BOOTED MUST SHOW NEGLIGENCE VS PROFESSIONAL WITH EXPERTS New England Building & Bridge, Co., Inc.… Read More »To The Extent of Negligence
construction law
Arb Awards: Confirm Them & Enter Judgment
SJC to Judges – Unchallenged Arbitration Awards “shall” be entered as Court Judgments In the recent 2024 case Boston Teachers Union Local 66 v School… Read More »Arb Awards: Confirm Them & Enter Judgment
Defective work General Liability cover – denied
Contractor’s defective work not covered as property damage by GL insurance If built wrong to start – not an incident for coverage purposes Mass weighs… Read More »Defective work General Liability cover – denied
Prompt Pay – Pay then Litigate Defenses
Missing Prompt Pay Act objection dates means money must be paid but bring defenses in the same case Raise defenses AFTER paying amounts ‘deemed approved’… Read More »Prompt Pay – Pay then Litigate Defenses
Intentional contract interference? GC loses suit vs whistleblowing Architect.
Court protects hired assessors
LIEN NOT REDUCED BY PERIODS OF RENTAL EQUIPMENT NON-USE
Mechanics Lien Law Interpreted in Massachusetts
Did PO say Vendor would Defend claims that buyer was negligent?
Gorelick v Star Markets Company Inc. Mass Appeals Court 2023 FACTS Supermarket (Shaws, a part of Star Markets) bought automatic doors from the manufacturer and… Read More »Did PO say Vendor would Defend claims that buyer was negligent?
HVAC Fail not Due to Maker of Coil
Makers of non-defective components are not liable for damages caused when the part is added to a bigger assembly which does cause damage. Massachusetts SJC… Read More »HVAC Fail not Due to Maker of Coil
Agreement with Duty to Defend Enforced
Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO… Read More »Agreement with Duty to Defend Enforced
Interesting Questions Deflected by Local Court to be Decided by Forum Identified in Agreement
PARTIES AND FACTS Wegmans grocery store was constructing a store in Burlington Massachusetts. It hired two companies to work on the project. Aerotek contracted with… Read More »Interesting Questions Deflected by Local Court to be Decided by Forum Identified in Agreement