Homeowners doesn’t cover defense of home condition warranty. Norfolk & Dedham v Norton Ma App Ct (2021) FACTS The homeowners made statements in the seller’s disclosure while they owned the place; then they sold the house. Flooding from severe storms hit a house two years after it had been sold. The buyers sued years later… Read More »Homeowners Ins No Seller Warranty Defense
GMP Contract Lessons for Owners from MBTA GLx Experience
The MBTA's Green Line Extension project axed its contractors after an independent study by Berkley Research Group analyzed reasons for ballooning costs. Lessons on Stopping GMP Cost Overruns for Construction Owners • Have a budget and accept value engineering options to maintain it • Make the Designer design to the budget in a minimum number… Read More »GMP Contract Lessons for Owners from MBTA GLx Experience
General Rule Applies to General Liability but Not to Title Insurance
Must an insurance company defend the entire case where some claims are covered but some are clearly not covered? General liability insurers must, title insurers do not have to according to a 2013 decision by Massachusetts SJC. A flap arose when by mistake, a deed was recorded before a mortgage. The right to enforce payment… Read More »General Rule Applies to General Liability but Not to Title Insurance
Expensive Attack on Agreed Process for Appraiser Fails
STATE ROOM, INC. v MA-60 STATE ASSOCAITES LLC 84 Mass App Ct 244 (2013) FACTS A lease set rent for the option term beginning 2010 to be determined by three appraisers. By the agreement, the landlord chose one appraiser, the tenant chose one and those two, chose a third. The tenant found what it called… Read More »Expensive Attack on Agreed Process for Appraiser Fails
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