State energy regulators have to design their rules respecting the chance that Federal preemption will vaporize their viability. Some States want energy rules to push… Read More »State Energy Innovations Liable to get Zapped by FERC Preemption
Parties resist settlement agreements and often regret making them. FACTS Parties in a recent Massachusetts case agreed on a settlement number but the agreement was… Read More »Emailed Settlement Agreement Enforced Despite No Time to Pay Term
If you let someone look like they have power to act for you, they can bind you to deals – even to deals you don’t… Read More »Agent’s Cloak of Authority Binds Principal to Unknown Side Loan
SUPERIOR MECHANICAL PLUMBING & HEATING V INSURANCE COMPANY OF THE WEST 80 Mass App Ct 584 (2012) FACTS The Owner, LA Fitness Center hired the… Read More »Sub Lien Attaches only to Amounts Owner Owes GC
When someone gets hurt at work, the employer’s workers compensation automatically pays medical costs and a large fraction of lost wages – no matter whose… Read More »Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
Energy disputes have it all – States v Feds, markets v regulators, environment v economy – with liberals, conservatives and rabid partisans in each camp.… Read More »Demand Response Survives Supreme Challenge
In a non-precedential ruling, Massachusetts Appeals Court shot down the claim of a subcontractor who, refused to perform disputed work and walked off the job.… Read More »Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
The MBTA’s Green Line Extension project axed its contractors after an independent study by Berkley Research Group analyzed reasons for ballooning costs. Lessons on Stopping… Read More »GMP Contract Lessons for Owners from MBTA GLx Experience
Massachusetts MBTA ran into problems managing construction projects under the terms of the deals it signed. Why do government owners have problems with contracting styles… Read More »MBTA Struggles with its Own Building Contracts
Frozen pipe property damage claim against insurer governed by statute of limitations – discovery rule doesn’t apply FACTS Building owner learned during a cold December… Read More »Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule