P3’s and Beyond – the Next Decade of Construction Projects Report by Chuck Cobb on ABA Construction Industry Forum September 2013 Meeting Construction lawyers from around the US gathered for the ABA Construction industry forum’s meeting with presentations about P3’s or Public Private Partnerships. Public owners are looking to ways to finance projects in an… Read More »P3 Construction Lawyers Meeting
Massachusetts top Court issued a much awaited decision Coughlin Electric v Gilbane Building Co ruling on construction contracting methods and the scope of duty between Owners/ Designers and Construction Managers under the relatively new Construction Manager at Risk arrangement. New contracting methods involve the builder sooner, during the design process. The Court had to allocate… Read More »Owner Warrants Some Design Adequacy to CM At Risk
No notice needed under risky mode of business theory
Self-service modes of business can create risks not present with over-the-counter sales. In a recent Massachusetts case Bowers v Wile's the top Court found that a path, made up of ‘river stones’ with goods for sale displayed on it, sited right next to the walkway to the store, created an ongoing risk that someone would… Read More »No notice needed under risky mode of business theory
No GL coverage if no one uses personal data on tapes lost falling off a truck
The loss of personal data creates many problems for those responsible to protect it. The Connecticut Supreme Court decided - insurance does not have to pay notification expenses where there was no proof that anyone used the missing data. Recall Total Information Management v Federal Insurance CT Supreme Court (2015) FACTS Personal data of… Read More »No GL coverage if no one uses personal data on tapes lost falling off a truck
Negative Ratings Doom Contractor’s Eligibility for State Construction Work
Unfavorable feedback from past projects gave plenty of reason for the State to knock a contractor off the list of those eligible to do State construction work. Negative reviews are hard to shake, especially plausible ones. In a recent Massachusetts case, Mello Construction Inc. v Division of Capital Asset Management 84 Mass App Ct 625… Read More »Negative Ratings Doom Contractor’s Eligibility for State Construction Work
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