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
Solar Incentive Program in Massachusetts Updated 2017
On January 31, 2017 Massachusetts released plans for the redesign of the program to incentivize solar energy construction in the state. The DOER slideshow is here. Massachusetts commitment to support solar energy production remains but is reshaped – to target the projects deemed optimal and to reduce rewards for putting solar farms in undeveloped green… Read More »Solar Incentive Program in Massachusetts Updated 2017
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
Project Counsel Governed by 3rd Party Neutral Rules?
Massachusetts updated its rules for lawyers in March 2014. How would such rules govern Project Counsel on an IPD project engaged to meld the parties without representing any one of them? I expect the “3rd Party Neutral” rules would, well… rule. A lawyer in that role, would “assist 2 or more persons who are not… Read More »Project Counsel Governed by 3rd Party Neutral Rules?
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