Who Assumes Defense If Indemnity Depends On Sole Fault?
A Massachusetts case between a car dealer franchisee and an auto manufacturer Ferreira v Chrysler Group LLC shows when and if liabilities from claims by consumer purchasers, flow between downstream sellers and upstream makers– and who has to pay to defend while the fault is being figured out. Ferreira bought a Chrysler and believing it… Read More »Who Assumes Defense If Indemnity Depends On Sole Fault?
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In a non-precedential ruling, Massachusetts Appeals Court shot down the claim of a subcontractor who, refused to perform disputed work and walked off the job.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
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
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