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
Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Sophisticated insureds can’t understand additional insured either Scottsdale Insurance v United Rentals US Dist Ct. Massachusetts (2018) FACTS Gomes had Scottsdale Insurance and when Gomes rented a lift from United Rentals it added United Rentals as additional insured. A Gomes employee was operating the lift when it caused personal injury to Ayotte. Ayotte sued… Read More »Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Condo developer not shielded from suit by hurdles written into bylaws
Condo developers in Cambridge tried to cut back the big risk of lawsuits coming back against them from the Condominium Unit Owner’s Association by putting into the Condo docs hurdles for bringing suit. In the case Trustees of the Cambridge Point Condominium Trust v Cambridge Point LLC (SJC 2018), the bylaws of a 42 unit… Read More »Condo developer not shielded from suit by hurdles written into bylaws
Court mulls whose rules govern private helicopter landing sites
Massachusetts’ top court had to decide – whose rules rule private helicopter landing sites. In Roma III v Board of Appeals of Rockport SJC 12278 (20018), the town of Rockport’s zoning rule required people wanting to set up private heliports on land in town, to get a special permit. The landowner had a house on… Read More »Court mulls whose rules govern private helicopter landing sites
With Reservation of Rights, Policyholders Pick Their Own Lawyers
If you get sued, send notice to your insurance company seeking a defense and indemnity. If in response, you get a “reservation of rights letter” back from the insurance company, they may or may not pay your claim. If they do reserve their right not to indemnify you, you can pick your own lawyer and the… Read More »With Reservation of Rights, Policyholders Pick Their Own Lawyers
Who says what wages prevail and on what jobs in Massachusetts public construction?
What HVAC jobs get Massachusetts prevailing wage? Workers on Massachusetts public construction projects must get paid what are called prevailing wages. Prevailing wage standards generally track wage rates unions reach in collective bargaining agreements – higher than those usually paid by non-union companies. In a recent case, the Massachusetts Appeals Court heard from a company… Read More »Who says what wages prevail and on what jobs in Massachusetts public construction?
Arbitration Pulls in Corporation That Didn’t Exist When Principals Agreed to Arbitrate
Where arbitration has been agreed to, no claims reach court. Courts are constantly called upon to describe the boundaries of this absolute exclusion. In a recent Massachusetts Appeals Court case Silverwood Partners, LLC v. Wellness Partners, LLC (AC 16-P-1174) (July 25, 2017) a corporation that did not exist when the arbitration was signed, tried to… Read More »Arbitration Pulls in Corporation That Didn’t Exist When Principals Agreed to Arbitrate
This site was created using WordPress and uses Google Analytics to understand how posts are being received.
• This site has Google Analytics Advertising Features implemented involving Google Analytics cookies.
• Some of the ads you receive on pages across the internet are customized based on predictions about your interests generated from your visits over time and across different web-sites. This type of ad customization — sometimes called “interest-based” or “online behavioral” advertising — is enabled through various technologies, including browser cookies as well as other non-cookie technologies.
• Sliver Lake Legal has no policy or intent to use first and third party cookies together.
• Visitors can opt-out of the Google Analytics Advertising Features, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI’s consumer opt-out).
• Users should also visit Google Analytics’ currently available opt-outs for the web.