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
subcontractor
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
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?
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
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
INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS
Homeowner/ Contractor Insurer dispute goes 15 years. Styller v National Fire & Marine Insurance Company Mass App Ct 2019 PARTIES – Homeowner Styller hired contractor… Read More »INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS
Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Mass SJC 2019 case Donis v American Waste Services LLC Parties Employee = Donis Employer = AWS LLC Public Entities = Towns State Department of… Read More »Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Contractual risk transfer – this time it worked.
The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for… Read More »Contractual risk transfer – this time it worked.