Building Information Modeling (BIM) has established its usefulness but it awaits a usability breakthrough. Some feel http://bit.ly/12O08Vl that even as BIM (computerized building plan) tools are increasingly used, that BIM outcomes are too often disappointing. The disillusionment could be the result of overhyped promises. BIM is a powerful tool but the construction industry’s use of… Read More »BIM Wash & the Many Construction Buckets
Appeals Court Judge Lights into Disproportionate Legal Costs
In a characteristically astringent opinion Massachusetts Appeals Court Judge Brown called out excessive legal expenses as wasteful. Here, again we witness another puzzling situation in which the legal fees paid and awarded far exceed any amount that would be gained. … it is often beneficial to the parties, and counsel in advising their clients, to… Read More »Appeals Court Judge Lights into Disproportionate Legal Costs
Employees (characterized as independent contractors or not) seem to be enjoying support in the Massachusetts Courts. Sometimes Court rulings reveal trends in social concerns, particularly concerns about perceived unfairness. There have been lots of reported cases in Massachusetts recently involving the law on wages and independent contractors. Here are eight that all support the employee’s… Read More »Wage Claims Proliferating?
Mass Law Applies to NY Independent Contractor Class Action Claims
A Massachusetts Supreme Judicial Court case decided in May, offers a caution to those who hire independent contractors. A Massachusetts-based company hired independent contractors who lived and worked in New York State to act as couriers delivering packages. Three of these contract couriers sued in Massachusetts, for themselves, and in a class action, for all… Read More »Mass Law Applies to NY Independent Contractor Class Action Claims
Allocating Costs When Lots of Policies Are Triggered
How should indemnity obligations be allocated when a liable insured company has had a series of different insurers offering coverage over the years? Deciding that the rule announced by the SJC in Boston Gas controlled, the trial judge dismissed the declaratory judgment complaint, and in a recent case the Massachusetts Appeals Court agreed in a… Read More »Allocating Costs When Lots of Policies Are Triggered
Commercial Landlord Early Termination Damages – Write it In
Massachusetts’ top Court just decided a case that commercial landlords will not want to miss. If your lease doesn’t call out how to measure damages after a tenant defaults, you may have to wait until the end of the original lease term to recover. 275 Washington Street Corp. v Hudson River International 465 Mass 16… Read More »Commercial Landlord Early Termination Damages – Write it In
General Rule Applies to General Liability but Not to Title Insurance
Must an insurance company defend the entire case where some claims are covered but some are clearly not covered? General liability insurers must, title insurers do not have to according to a 2013 decision by Massachusetts SJC. A flap arose when by mistake, a deed was recorded before a mortgage. The right to enforce payment… Read More »General Rule Applies to General Liability but Not to Title Insurance
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
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
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