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
Allocating Costs When Lots of Policies Are Triggered
How should indemnity obligations be allocated when a liable insured company has had a series of different insurers offering coverage over the years? Deciding that the rule announced by the SJC in Boston Gas controlled, the trial judge dismissed the declaratory judgment complaint, and in a recent case the Massachusetts Appeals Court agreed in a… Read More »Allocating Costs When Lots of Policies Are Triggered
Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO DEFEND When a contract includes indemnity and an agreement to defend, no special kind of notice is required before the duty to defend is triggered. The burden of notice is… Read More »Agreement with Duty to Defend Enforced
Agent’s Cloak of Authority Binds Principal to Unknown Side Loan
If you let someone look like they have power to act for you, they can bind you to deals - even to deals you don't know about. In a recent Massachusetts Appeals Court case, Fergus v Ross a lender used an agent who brought in many loan proposals. Often the loans were backed up by… Read More »Agent’s Cloak of Authority Binds Principal to Unknown Side Loan
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