Where a lien bond has been posted to bond off a lien, a Complaint in the lien case need not be filed at the Registry of Deeds. City Electric Supply v Arch Insurance Company Massachusetts SJC 2019 FACTS When an unpaid supplier liened the owner’s project, the owner insisted that its construction manager either clear… Read More »Bond, Lien Bond
Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
Five-year litigation over $16,000 ends with upholding of triple damages and attorney’s fees award. For most kinds of cases, attorneys’ fees are not a part of recoverable damage. Bad faith business practice cases based on Massachusetts law GL c. 93a– if found by a judge (not a jury), after trial, can permit recovery of attorney’s… Read More »Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
Attorney’s Fees Shifted by Value of Grader Services Recovery
If you sue on bond to get money due on a public works job in Massachusetts and win anything after a trial, you also get attorney's fees the Appeals Court ruled. The case Aggregate Industries v Hugo Key is found here. The asphalt subcontractor on a public job wanted the agreement to include fees for… Read More »Attorney’s Fees Shifted by Value of Grader Services Recovery
Liquidated Damages - if a penalty - unenforceable Mass Appeals Court denies liquidated Damages Case name = Mittas Early Learning LLC v MDC Properties FACTS Parties & Premises Developer promised to build a child care center by a deadline in the lease (within 180 days of getting a building permit). Developer missed the date by… Read More »Amend Commercial Leases Carefully
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