Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case Philadelphia Indemnity v Consigli Construction Co. Inc, Dist Court D Mass (2018) PARTIES AND FACTS Pipes burst in a Condominium. The Condominium, insured by Philadelphia, paid – and sued others for subrogation – to recoup. In the name of their insured Condo, Philadelphia sued Consigli – general contractor “Stock” Building Supply – the framing subcontractor… Read More
INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS Homeowner/ Contractor Insurer dispute goes 15 years. Styller v National Fire & Marine Insurance Company Mass App Ct 2019 PARTIES – Homeowner Styller hired contractor FCMNH in 2004 for demo and repair of his home. FCMNH was insured under a general liability policy by National Fire & Marine. CLAIMS FROM THE WORK Unhappy with 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
Bond, Lien Bond 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