Punitive award stripped where retaliation but no actual damages found
What kind of retaliatory conduct in employment supports a $1.1M punitive verdict? Not this kind. KIELY v TERADYNE, INC. 85 Mass App Ct 431 (2014) FACTS Kiely worked for Teradyne for decades and her job duties advanced from equipment repair to administrative work. Kiely and two male co-workers were the last of 31… Read More »Punitive award stripped where retaliation but no actual damages found
Missing Prompt Pay Act objection dates means money must be paid but bring defenses in the same case Raise defenses AFTER paying amounts ‘deemed approved’ by the Prompt Pay Act // Don’t enter judgement separately on Prompt Pay claims, try defenses after payment is made // If the Prompt Pay Act applies, ‘too late to… Read More »Prompt Pay – Pay then Litigate Defenses
Project Counsel Governed by 3rd Party Neutral Rules?
Massachusetts updated its rules for lawyers in March 2014. How would such rules govern Project Counsel on an IPD project engaged to meld the parties without representing any one of them? I expect the "3rd Party Neutral" rules would, well... rule. A lawyer in that role, would "assist 2 or more persons who are not… Read More »Project Counsel Governed by 3rd Party Neutral Rules?
Contractor's claims for contract interference and defamation dismissed without trial FACTS OF 2025 Mass Appeals Court case BC Construction Co., Inc. vs Johnson Roberts Associates JRA architects worked on a public library project in Everett MA with BC Construction. BC submitted change orders at the end of the project increasing project cost. JRA was hired… Read More »Privilege to Accurately Convey Dispute History
Massachusetts top Court issued a much awaited decision Coughlin Electric v Gilbane Building Co ruling on construction contracting methods and the scope of duty between Owners/ Designers and Construction Managers under the relatively new Construction Manager at Risk arrangement. New contracting methods involve the builder sooner, during the design process. The Court had to allocate… Read More »Owner Warrants Some Design Adequacy to CM At Risk
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