Where a lien bond has been posted to bond off a lien, a Complaint in the lien case need not be filed at the Registry of Deeds. City Electric Supply v Arch Insurance Company Massachusetts SJC 2019 FACTS When an unpaid supplier liened the owner’s project, the owner insisted that its construction manager either clear… Read More »Bond, Lien Bond
Building Information Modeling (BIM) has established its usefulness but it awaits a usability breakthrough. Some feel http://bit.ly/12O08Vl that even as BIM (computerized building plan) tools are increasingly used, that BIM outcomes are too often disappointing. The disillusionment could be the result of overhyped promises. BIM is a powerful tool but the construction industry’s use of… Read More »BIM Wash & the Many Construction Buckets
Arbitration Pulls in Corporation That Didn’t Exist When Principals Agreed to Arbitrate
Where arbitration has been agreed to, no claims reach court. Courts are constantly called upon to describe the boundaries of this absolute exclusion. In a recent Massachusetts Appeals Court case Silverwood Partners, LLC v. Wellness Partners, LLC (AC 16-P-1174) (July 25, 2017) a corporation that did not exist when the arbitration was signed, tried to… Read More »Arbitration Pulls in Corporation That Didn’t Exist When Principals Agreed to Arbitrate
SJC to Judges - Unchallenged Arbitration Awards "shall" be entered as Court Judgments In the recent 2024 case Boston Teachers Union Local 66 v School Committee of the City of Boston PARTIES AND FACTS In a labor union case, an arbitrator ordered the City to hire 18 substitute paraprofessionals. Claiming that the City had not… Read More »Arb Awards: Confirm Them & Enter Judgment
Appeals Court Judge Lights into Disproportionate Legal Costs
In a characteristically astringent opinion Massachusetts Appeals Court Judge Brown called out excessive legal expenses as wasteful. Here, again we witness another puzzling situation in which the legal fees paid and awarded far exceed any amount that would be gained. … it is often beneficial to the parties, and counsel in advising their clients, to… Read More »Appeals Court Judge Lights into Disproportionate Legal Costs
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