(978) 979-1223

ccobb@silverlakelegal.com

Silver Lake Legal

Construction, Insurance & Business Attorney Boston

Way Low Bid to Move Rock Costs Contractor
Massachusetts’ Appeals Court decided an unknown site conditions case where the low bid contractor used a very low plug number for its estimated cost to remove the unknown quantity of subsurface rocks. The owner required this figure because it wanted the contractor to bear the cost risk of subsurface surprises.   When the project was… Read More »Way Low Bid to Move Rock Costs Contractor
Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
In a non-precedential ruling, Massachusetts Appeals Court shot down the claim of a subcontractor who, refused to perform disputed work and walked off the job. Acme Abatement Contractor, Inc. V. S&R Corporation, Mass: Appeals Court (2015)   FACTS S&R hired Acme Abatement for part of the scope of a job at a plant and its… Read More »Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
Wages lost as a result of retaliation get tripled
Retaliatory firing deprived worker of commissions that ripened later but legal penalties tripled the entire sum. Massachusetts SJC Parker v EnterNOC, Inc. (2020) FACTS Parker made a base salary and commissions working for EnterNOC marketing energy efficiency services. Parker made a $20M sale to occur over 5 years but only the first year was guaranteed,… Read More »Wages lost as a result of retaliation get tripled
Vermont Condo Association Can Sue Developer but not Builder
A recent Vermont case found a Condominium Association in Stow trying to sue a builder for water infiltration and expenses for repair and remediation of the condos.  The builder, Engelberth Construction had its contract with the developer.  The builder got let out of the case because it had no contract with the Condo Association. The… Read More »Vermont Condo Association Can Sue Developer but not Builder
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 = DonisEmployer = AWS LLC Public Entities = TownsState Department of Labor = Determine prevailing wage rates Facts Cape Cod towns put material hauling work contracts out for public bid.  Bidders knew they would have to pay ‘prevailing wage’.  The Department of Labor… Read More »Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.

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Charles W. Cobb

Attorney at Law


ADDRESS

320 Nevada Street Ste 301,

Newton MA 02460

EMAIL

ccobb@silverlakelegal.com

PHONE NUMBER

(978) 979-1223

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