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
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
Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Massachusetts case clarifies standards for when insurers must offer reasonable settlements. Chiulli vs. Liberty Mutual Insurance Mass App Ct (2020) See my earlier post on the same issue in another decision www.silverlakelegal.com/bad-faith-only-if-all-other-insurers-would-have-settled/ FACTS Disagreement over a barstool led to a fight just outside the bar. Chiulli one of the battlers, got badly hurt and sued… Read More »Appeal Threat by Insurer After Verdict Found to Be Bad Faith
Liquidated Damages - if a penalty - unenforceable Mass Appeals Court denies liquidated Damages Case name = Mittas Early Learning LLC v MDC Properties FACTS Parties & Premises Developer promised to build a child care center by a deadline in the lease (within 180 days of getting a building permit). Developer missed the date by… Read More »Amend Commercial Leases Carefully
Vermont Mutual v Poirier SJC (2022) FACTS Sewage got into a homeowner’s basement. Poirier (doing business as Servpro of Fitchburg-Leominster) cleaned it up. Poirier warned the homeowner to stay out of the basement while the disinfectants dried but did not warn her that going in, before the disinfectants dried, could be dangerous to her health.… Read More »93A Attorney’s Fees Not Covered by GL
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