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

Litigation has been called the sport of kings.  In my opinion, it is a bad way to solve problems or to answer questions. A recent Massachusetts Supreme Judicial Court case involving a dispute between a sitework sub and a GC started with the typical mutual accusations – the sub claimed the GC got in its… Read More

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