Did PO say Vendor would Defend claims that buyer was negligent?
Gorelick v Star Markets Company Inc. Mass Appeals Court 2023 FACTS Supermarket (Shaws, a part of Star Markets) bought automatic doors from the manufacturer and installer (Stanley) under a Purchase Order.A customer (Gorelick) sued both Shaws and Stanley saying the door swing injured him. The negligence claims were – against Shaws – failure to maintain,… Read More »Did PO say Vendor would Defend claims that buyer was negligent?
A condo association can recover against the builder or developer for negligently performed construction according to a 2012 Massachusetts Appeals Court case Wyman v Ayer Properties. The case interpreted a rule few really understand - the economic loss rule. The rule is based on the idea that lawsuits between people who have no contract with… Read More »Developers Stuck with Common Area Suits
Contractor’s defective work not covered as property damage by GL insurance If built wrong to start – not an incident for coverage purposes Mass weighs in on vexing question - bad work not covered FACTS Lessard v RC Havens Mass Appeals Court 2024 Parties and lead up The homeowner’s case against the general contractor went… Read More »Defective work General Liability cover – denied
Court Flattens Hollister Porch by Upholding Arch Access Board Ruling
J.M. HOLLISTER LLC v ARCHITECTURAL ACCESS BOARD 83 Ma App Ct 513 (2013) FACTS Hollister sold clothes from a store in a mall. The retailer replaced the accessible mall level entrance with two adjacent doorways and it constructed a ‘porch’ two steps up and back down leading into the store. On either side of the… Read More »Court Flattens Hollister Porch by Upholding Arch Access Board Ruling
Court Bounces Insurance Claim for Cost of Fixing Gym Floor
The Windsor School (Owner) hired the contractor (LKC) to build a new gymnasium. LKC hired a subcontractor to lay the floor. Within months of completion, the architect notified the contractor of flooring deficiencies. Lee Kennedy Co. v. Arch Insurance Company, Dist. Court, D. Massachusetts 2019 When the contractor held the sub’s retainage, the sub sued.… Read More »Court Bounces Insurance Claim for Cost of Fixing Gym Floor
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