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
OWNER HAD HOLES IN FLOOR, AND IN ITS CGL INSURANCE PROGRAM
A construction project owner is not covered by the insurance policy it purchased for a claim arising when the structural engineer (an independent contractor to the architect) fell through the floor at the project site according to a recent Massachusetts Appeals Court decision. The case is Cable Mills LLC v Coakley Pierpan Dolan and Collins… Read More »OWNER HAD HOLES IN FLOOR, AND IN ITS CGL INSURANCE PROGRAM
Negative Ratings Doom Contractor’s Eligibility for State Construction Work
Unfavorable feedback from past projects gave plenty of reason for the State to knock a contractor off the list of those eligible to do State construction work. Negative reviews are hard to shake, especially plausible ones. In a recent Massachusetts case, Mello Construction Inc. v Division of Capital Asset Management 84 Mass App Ct 625… Read More »Negative Ratings Doom Contractor’s Eligibility for State Construction Work
Commercial landlord intended to coerce tenant to give concessions beyond those from party’s agreement. Massachusetts SJC decides H1 Lincoln Inc. v South Washington Street LLC (2022) Court uses word ‘extort’ 26x in decision. Landlord strung tenant along with permit cooperation and tried to grab the land tenants bought. Limitation on liability disregarded. FACTS Landlord wanted… Read More »Misconduct Commercial Landlord -> 2x Damages
Who’s there What happens Why it matters How you feel Joint session- parties and mediator Mediator describes the process and their hope to find a way for parties to reach an end to the problem Establishes credibility as a listener and the shared goal of finding a way to end the problem You hope… Read More »Mediation – Charting Typical Client Feelings
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