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Mass Wage Act Fee Rule Stated
How do you know who gets fees for prevailing in a Massachusetts Wage Act case? Whole case settled except for attorney’s fees Mass SJC - encourage correction of unlawful behavior by rewarding Wage Act attorneys Use the catalyst test for fee requests to see who prevailed. FACTS A Massachusetts Wage Act case Ferman v Sturgis… Read More »Mass Wage Act Fee Rule Stated
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
Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
Mass corporation liable for unauthorized guarantee due to shoddy corporate paperwork and inaction after learning. People's United Bank v B&B Fire Protection Inc. Mass App Ct (2019) FACTS The B&B FP Inc. corporation was made up of two shareholders with 51 and 49 per cent ownership. The two owners had a falling out; the minority… Read More »Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
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
Contractual risk transfer – this time it worked.
The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for defense and for the amount of the settled claim. Continental Cas. Co. v. Amerisure Ins. Co., Typical claim arrangement. Injury to employee of sub-sub. Lawsuit against Sub, General and Owner. Four… Read More »Contractual risk transfer – this time it worked.
Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery by wrongdoers is blocked. Merrimack College v KPMG Massachusetts SJC (2018) FACTS A bookkeeper in the accounting office of a college made fraudulent entries putting debt onto students improperly. An… Read More »Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Ten Tips for Massachusetts Property Insurance Claims
You have paid premiums, now you have a claim because your property got damaged. How does that work? Give Notice Early - Contact the insurer to give notice of claim. The initial notice need not be detailed. You Are Your Claim # - Know your Claim # - this is the key to the door… Read More »Ten Tips for Massachusetts Property Insurance Claims
Additional Insured contractor blocked from GL Coverage by Sub’s Residential Exclusion
CWC Builders, Inc. v United Specialty Insurance Company US District Court D Mass 2015 FACTS Construction manager CWC, on a residential construction project, required its subcontractor to add CWC as an additional insured on the sub’s General Liability policy with United. A flooding incident damaged a neighboring property and CWC got sued. CWC called on… Read More »Additional Insured contractor blocked from GL Coverage by Sub’s Residential Exclusion
Strict Compliance for Construction Contract Recovery, Softer Standards for Equity
G4S TECHNOLOGY LLC v MASS TECHNOLOGY PARK CORP. Mass SJC 2018 FACTS Government owner hired design builder for $45M project (internet backbone for 400,000 Western Mass users). The contract included requisition certifications that subcontractors had been paid and liquidated damages for late finish. Project got delayed. Owner held back payment on requisitions. Contractor issued change… Read More »Strict Compliance for Construction Contract Recovery, Softer Standards for Equity
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Charles W. Cobb
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Newton MA 02460
ccobb@silverlakelegal.com
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