(978) 979-1223

ccobb@silverlakelegal.com

Silver Lake Legal

Construction, Insurance & Business Attorney Boston

'}}
Attorney’s Fees Shifted by Value of Grader Services Recovery

If you sue on bond to get money due on a public works job in Massachusetts and win anything after a trial, you also get attorney's fees the Appeals Court ruled. The case Aggregate Industries v Hugo Key is found here.

The asphalt subcontractor on a public job wanted the agreement to include fees for rental of a grader but the general contractor did not agree to that term.  Work started under the terms they did agree on, and the grader was needed and used.

The subcontractor's final invoice included the grader charge and an escalation charge the general contractor had flatly rejected.  The general contractor didn't pay either but said it would negotiate a fair rate for the grader rental.

The subcontractor sued on the bond and after a trial was awarded the reasonable cost of the grader rental.  Because they sued on the public work bond and won any amount after trial, the Appeals Court said the general contractor had to pay the subcontractor's attorney's fees.

 

Cobb comment - the case involved slick efforts to modify purchase orders to put in contested, rejected terms but that didn't work.  The rule of the case is if you have to sue to get your money on a public job in Massachusetts and win after trial, your attorney is paid by the other side.

Get A Consult

Charles W. Cobb

Attorney at Law


ADDRESS

320 Nevada Street Ste 301,

Newton MA 02460

EMAIL

ccobb@silverlakelegal.com

PHONE NUMBER

(978) 979-1223

Silver Lake Legal Privacy Policy

This site was created using WordPress and uses Google Analytics to understand how posts are being received.

• This site has Google Analytics Advertising Features implemented involving Google Analytics cookies.

• Some of the ads you receive on pages across the internet are customized based on predictions about your interests generated from your visits over time and across different web-sites. This type of ad customization — sometimes called “interest-based” or “online behavioral” advertising — is enabled through various technologies, including browser cookies as well as other non-cookie technologies.

• Sliver Lake Legal has no policy or intent to use first and third party cookies together.

• Visitors can opt-out of the Google Analytics Advertising Features, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI’s consumer opt-out).

• Users should also visit Google Analytics’ currently available opt-outs for the web.