SUPERIOR MECHANICAL PLUMBING & HEATING V INSURANCE COMPANY OF THE WEST 80 Mass App Ct 584 (2012) FACTS The Owner, LA Fitness Center hired the General Contractor, PinnCon LLC to construct a sports facility in Saugus. The GC hired Superior as a plumbing subcontractor. The Owner and GC had a written agreement saying that the… Read More »Sub Lien Attaches only to Amounts Owner Owes GC
Strict Compliance for Construction Contract Recovery, Softer Standards for Equity
G4S TECHNOLOGY LLC v MASS TECHNOLOGY PARK CORP. Mass SJC 2018 FACTS Government owner hired design builder for $45M project (internet backbone for 400,000 Western Mass users). The contract included requisition certifications that subcontractors had been paid and liquidated damages for late finish. Project got delayed. Owner held back payment on requisitions. Contractor issued change… Read More »Strict Compliance for Construction Contract Recovery, Softer Standards for Equity
Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
Rass and Tulshian developed sauces and sold them to Trader Joes but did nothing to protect their trade secrets. Rass decided to cut Tulshian out and told Trader Joes in an email, that Tulshian’s activities were “illegal” and “unethical”. This all led to an interesting case of insurance bad faith in Massachusetts. Tulshian sued Rass… Read More »Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case
Philadelphia Indemnity v Consigli Construction Co. Inc, Dist Court D Mass (2018) PARTIES AND FACTS Pipes burst in a Condominium. The Condominium, insured by Philadelphia, paid – and sued others for subrogation – to recoup. In the name of their insured Condo, Philadelphia sued Consigli – general contractor “Stock” Building Supply – the framing subcontractor… Read More »Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case
Reasonable Attorney’s fees When Insurer Issues a Reservation of Rights
If your insurer sends a “Reservation of Rights” letter, you can choose your own lawyer (not one assigned by the insurance company) and the insurer has to pay the reasonable fees of defending you on covered claims. When suits seek recovery under multiple counts, some may be covered by insurance, some may not. The… Read More »Reasonable Attorney’s fees When Insurer Issues a Reservation of Rights
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