Construction Equipment Lessor Gets Out of Injury Suit This Time
Massachusetts judges have twice recently considered the liability of a construction equipment renter to a person injured while using the equipment and the cases reach different results. The most recent case let the lessor out directly. As reported here the lessor of a construction lift had to share liability for its users’ actions in a… Read More »Construction Equipment Lessor Gets Out of Injury Suit This Time
Condo Developer’s Wish Did Not Become Septic Designer’s Guarantee
A condominium developer sued the designer of its septic system because initial cost estimates were far too low. When the system designer thought the DEP would accept a system under Title V, the developer got a quote of $300,000 to build the system as designed. The DEP however, insisted that the project owner submit a… Read More »Condo Developer’s Wish Did Not Become Septic Designer’s Guarantee
Condo developer not shielded from suit by hurdles written into bylaws
Condo developers in Cambridge tried to cut back the big risk of lawsuits coming back against them from the Condominium Unit Owner’s Association by putting into the Condo docs hurdles for bringing suit. In the case Trustees of the Cambridge Point Condominium Trust v Cambridge Point LLC (SJC 2018), the bylaws of a 42 unit… Read More »Condo developer not shielded from suit by hurdles written into bylaws
Developers’ risks in Massachusetts now include suits from the Condominium Association over negligent construction or design of common areas. Bewildering “economic loss rule” not applied. Massachusetts Supreme Judicial Court just decided Wyman v Ayer Properties LLC 469 Mass 64 (2014) deciding that Condominium associations can sue builders who construct common areas negligently. My write up… Read More »Condo Assn Recovers from Negligent Developer
Cold Water for IPD Excitement With Developers’ Perspective
If you only hear positive things about Integrated Project Delivery (IPD) for construction, you might want to hear a private developer’s caution in this podcast, IPD and Project Development. I interviewed Robert Springer of Concurrent Technologies Corporation at a meeting of the ABA Construction Industry Forum. He discusses IPD from the perspective of private developers… Read More »Cold Water for IPD Excitement With Developers’ Perspective
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