Where a lien bond has been posted to bond off a lien, a Complaint in the lien case need not be filed at the Registry of Deeds. City Electric Supply v Arch Insurance Company Massachusetts SJC 2019 FACTS When an unpaid supplier liened the owner’s project, the owner insisted that its construction manager either clear… Read More »Bond, Lien Bond
Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
Five-year litigation over $16,000 ends with upholding of triple damages and attorney’s fees award. For most kinds of cases, attorneys’ fees are not a part of recoverable damage. Bad faith business practice cases based on Massachusetts law GL c. 93a– if found by a judge (not a jury), after trial, can permit recovery of attorney’s… Read More »Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
Bad Faith – only if ALL other insurers would have settled
ISSUE By what standard is bad faith failure to settle measured in Massachusetts? Silva v Norfolk & Dedham Mass App Ct 2017 – set out the standards. HOLDING There must be expert evidence that NO reasonable insurer, having the information available to the carrier on trial – would have failed to settle. **2020 update –… Read More »Bad Faith – only if ALL other insurers would have settled
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… Read More »Attorney’s Fees Shifted by Value of Grader Services Recovery
Arbitration Pulls in Corporation That Didn’t Exist When Principals Agreed to Arbitrate
Where arbitration has been agreed to, no claims reach court. Courts are constantly called upon to describe the boundaries of this absolute exclusion. In a recent Massachusetts Appeals Court case Silverwood Partners, LLC v. Wellness Partners, LLC (AC 16-P-1174) (July 25, 2017) a corporation that did not exist when the arbitration was signed, tried to… Read More »Arbitration Pulls in Corporation That Didn’t Exist When Principals Agreed to Arbitrate
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