Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Mass SJC 2019 case Donis v American Waste Services LLC Parties Employee = DonisEmployer = AWS LLC Public Entities = TownsState Department of Labor = Determine prevailing wage rates Facts Cape Cod towns put material hauling work contracts out for public bid. Bidders knew they would have to pay ‘prevailing wage’. The Department of Labor… Read More »Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
OWNER’S CLAIM FOR INDEMNITY TO THE EXTENT OF ENGINEER’S NEGLIGENCE BOOTED MUST SHOW NEGLIGENCE VS PROFESSIONAL WITH EXPERTS New England Building & Bridge, Co., Inc. v. Town of Cohasset v. CDM Smith, Inc. Civil Action No. 21-cv-11567-DJC (D. Mass. May 21, 2024) FACTS Project = Town dam rehabilitation Lawsuit – GC v Owner, Owner sued… Read More »To The Extent of Negligence
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
Some Privilege – Corporate Counsel to a Close Corporation Owned By A Bickering Family
Massachusetts Supreme Judicial Court had to decide attorney client privilege in a messy quarrel over a closely held business where corporate counsel refused to participate in ‘discovery’. The original founder of the private Clair companies was the father; he gave the company to his four sons in equal shares. Two sons died, setting the stage… Read More »Some Privilege – Corporate Counsel to a Close Corporation Owned By A Bickering Family
Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
Rass and Tulshian developed sauces and sold them to Trader Joes but did nothing to protect their trade secrets. Rass decided to cut Tulshian out and told Trader Joes in an email, that Tulshian’s activities were “illegal” and “unethical”. This all led to an interesting case of insurance bad faith in Massachusetts. Tulshian sued Rass… Read More »Sauce Maker’s Insurer Pays for Emails Badmouthing Competitor &/Or Its Sauces
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