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
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
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
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
Court protects hired assessors
Mechanics Lien Law Interpreted in Massachusetts
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?
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