Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage. Phoenix Bay State v First Financial Insurance Mass Appeals Court 2020 PARTIES General                Phoenix Subcontractor    Lanco Sub’s Insurer      FFIC Suit                       Lanco employee v Phoenix Policy                   Phoenix demands defense as an additional insured on Lanco… Read More


The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for defense and for the amount of the settled claim. Continental Cas. Co. v. Amerisure Ins. Co., Typical claim arrangement.  Injury to employee of sub-sub.  Lawsuit against Sub, General and Owner. Four… Read More


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


Own the process and set the tone. Newer design and construction methods use better integration across disciplines and among parties, sometimes using Lean principles, a collaborative spirit and open communications. Getting to know the others on the project will make the inevitable hard conversations, easier to have. Spend early time together with both the design… Read More