Construction insurance – expensive because it is incomprehensible Additional insured status useless due to anti-indemnity laws MAXIM CRANE WORKS, LP v. ZURICH AMERICAN INSURANCE COMPANY, Dist. Court, SD Texas 2019 FACTS Crane lessor Maxim leased its crane ‘as is’ to Berkel on a Skanska job. Maxim became additional insured on Berkel’s Zurich general liability policy. Berkel, a Skanska subcontractor was enrolled in the… Read More
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 = Donis Employer = AWS LLC Public Entities = Towns State 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… Read More
Mass Wage Act Fee Rule Stated How do you know who gets fees for prevailing in a Massachusetts Wage Act case? Whole case settled except for attorney’s fees Mass SJC – encourage correction of unlawful behavior by rewarding Wage Act attorneys Use the catalyst test for fee requests to see who prevailed. FACTS A Massachusetts Wage Act case Ferman v Sturgis… Read More
Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb? Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery by wrongdoers is blocked. Merrimack College v KPMG Massachusetts SJC (2018) FACTS A bookkeeper in the accounting office of a college made fraudulent entries putting debt onto students improperly. An… Read More