Court mulls whose rules govern private helicopter landing sites
Massachusetts’ top court had to decide – whose rules rule private helicopter landing sites. In Roma III v Board of Appeals of Rockport SJC 12278 (20018), the town of Rockport’s zoning rule required people wanting to set up private heliports on land in town, to get a special permit. The landowner had a house on… Read More »Court mulls whose rules govern private helicopter landing sites
Court Flattens Hollister Porch by Upholding Arch Access Board Ruling
J.M. HOLLISTER LLC v ARCHITECTURAL ACCESS BOARD 83 Ma App Ct 513 (2013) FACTS Hollister sold clothes from a store in a mall. The retailer replaced the accessible mall level entrance with two adjacent doorways and it constructed a ‘porch’ two steps up and back down leading into the store. On either side of the… Read More »Court Flattens Hollister Porch by Upholding Arch Access Board Ruling
Court Bounces Insurance Claim for Cost of Fixing Gym Floor
The Windsor School (Owner) hired the contractor (LKC) to build a new gymnasium. LKC hired a subcontractor to lay the floor. Within months of completion, the architect notified the contractor of flooring deficiencies. Lee Kennedy Co. v. Arch Insurance Company, Dist. Court, D. Massachusetts 2019 When the contractor held the sub’s retainage, the sub sued.… Read More »Court Bounces Insurance Claim for Cost of Fixing Gym Floor
Mechanical and structural engineers were among the first to use BIM. CM’s saw this and “rushed to claim they had the same capabilities”. Who leads, who owns coordination on a project using BIM? The need to coordinate the design engineered plans and the work of the trade contractors has been an interface where roles are… Read More »Coordination – a New, Needed Role
The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for defense and for the amount of the settled claim. Continental Cas. Co. v. Amerisure Ins. Co., Typical claim arrangement. Injury to employee of sub-sub. Lawsuit against Sub, General and Owner. Four… Read More »Contractual risk transfer – this time it worked.
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