Contractor’s claims for contract interference and defamation dismissed without trial FACTS OF 2025 Mass Appeals Court case BC Construction Co., Inc. vs Johnson Roberts Associates… Read More »Privilege to Accurately Convey Dispute History
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
Liquidated Damages – if a penalty – unenforceable Mass Appeals Court denies liquidated Damages Case name = Mittas Early Learning LLC v MDC Properties FACTS… Read More »Amend Commercial Leases Carefully
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
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
Vermont Mutual v Poirier SJC (2022) FACTS Sewage got into a homeowner’s basement. Poirier (doing business as Servpro of Fitchburg-Leominster) cleaned it up. Poirier warned… Read More »93A Attorney’s Fees Not Covered by GL
Commercial landlord intended to coerce tenant to give concessions beyond those from party’s agreement. Massachusetts SJC decides H1 Lincoln Inc. v South Washington Street LLC… Read More »Misconduct Commercial Landlord -> 2x Damages
Emotional distress of spouse from witnessing spouses’ fatal injury was not “bodily injury” for purposes of collecting from Massachusetts car insurer. Mass Appeals Court case… Read More »Emotional distress ≠ bodily injury. Mass auto choice of law.
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
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