Who’s there What happens Why it matters How you feel Joint session- parties and mediator Mediator describes the process and their hope to find a way for parties to reach an end to the problem Establishes credibility as a listener and the shared goal of finding a way to end the problem You hope… Read More »Mediation – Charting Typical Client Feelings
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 common to private work? Contractors All Thrown off After Study The MBTA found that after years of planning for the Green Line extension project that the construction costs were way… Read More »MBTA Struggles with its Own Building Contracts
Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
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 that pipes froze and leaked water through the house. The insurer investigated for over one year and didn’t pay. The owner sued – more than two years after the loss… Read More »Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
How do you know who gets fees for prevailing in a Massachusetts Wage Act case? Whole case settled except for attorney’s fees Mass SJC – encourage correction of unlawful behavior by rewarding Wage Act attorneys Use the catalyst test for fee requests to see who prevailed. FACTS A Massachusetts Wage Act case Ferman v Sturgis… Read More »Mass Wage Act Fee Rule Stated
Mass DOT Sect Richard Davey addressed the Massachusetts Building Congress on February 21, 2014 and emphasized the fact that projects need to be paid for. Gas tax is a principal funder of road projects and with more efficient vehicles the revenue from the gas tax has not risen with other costs. The Federal Highway Trust… Read More »Mass DOT – Not Building Any New Highways
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