Strict Compliance for Construction Contract Recovery, Softer Standards for Equity
G4S TECHNOLOGY LLC v MASS TECHNOLOGY PARK CORP. Mass SJC 2018 FACTS Government owner hired design builder for $45M project (internet backbone for 400,000 Western Mass users). The contract included requisition certifications that subcontractors had been paid and liquidated damages for late finish. Project got delayed. Owner held back payment on requisitions. Contractor issued change… Read More »Strict Compliance for Construction Contract Recovery, Softer Standards for Equity
Solar Incentive Program in Massachusetts Updated 2017
On January 31, 2017 Massachusetts released plans for the redesign of the program to incentivize solar energy construction in the state. The DOER slideshow is here. Massachusetts commitment to support solar energy production remains but is reshaped - to target the projects deemed optimal and to reduce rewards for putting solar farms in undeveloped green… Read More »Solar Incentive Program in Massachusetts Updated 2017
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 »Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case
Subcontractors can bring claims after their work is done in Massachusetts. Alert contractors will have a 30 day window to give a good response in writing. Proper documentation of problems is more important than ever.
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
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