Emailed Settlement Agreement Enforced Despite No Time to Pay Term
Parties resist settlement agreements and often regret making them. FACTS Parties in a recent Massachusetts case agreed on a settlement number but the agreement was silent on when the payments were to be made. The party making payments wanted to stretch out payments over time. The receiving party wanted its money right away. ISSUE The… Read More »Emailed Settlement Agreement Enforced Despite No Time to Pay Term
Did PO say Vendor would Defend claims that buyer was negligent?
Gorelick v Star Markets Company Inc. Mass Appeals Court 2023 FACTS Supermarket (Shaws, a part of Star Markets) bought automatic doors from the manufacturer and installer (Stanley) under a Purchase Order.A customer (Gorelick) sued both Shaws and Stanley saying the door swing injured him. The negligence claims were – against Shaws – failure to maintain,… Read More »Did PO say Vendor would Defend claims that buyer was negligent?
A condo association can recover against the builder or developer for negligently performed construction according to a 2012 Massachusetts Appeals Court case Wyman v Ayer Properties. The case interpreted a rule few really understand – the economic loss rule. The rule is based on the idea that lawsuits between people who have no contract with… Read More »Developers Stuck with Common Area Suits
Designers on Hook Where Cover Excluded Required Element
When the contract mandates specific coverage, be sure you have it. Designers were found to have breached their contract to procure insurance naming an Ohio hospital as additional insured on the designer’s General Liability coverage. The insurance required under contract was to provide coverage for bodily injury “caused by a biological agent or bacteria”. In… Read More »Designers on Hook Where Cover Excluded Required Element
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