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
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
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
Why Waive Subrogation? How it works
A recent Maryland case shows the protection contractors enjoy when their contract includes waivers of subrogation. Gables Construction v Red Coats Md Ct Appeals (2020)… Read More »Why Waive Subrogation? How it works
General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion
Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage. Phoenix Bay State v First Financial Insurance… Read More »General Contractor Blocked from Enjoying Additional Insured Defense Coverage Due to the Cross-Liability Exclusion
Construction insurance – expensive because it is incomprehensible
Additional insured status useless due to anti-indemnity laws MAXIM CRANE WORKS, LP v. ZURICH AMERICAN INSURANCE COMPANY, Dist. Court, SD Texas 2019 FACTS Crane lessor… Read More »Construction insurance – expensive because it is incomprehensible