Posts
Employer’s Counterclaim on Small Claim Backfires
COURT SAYS : PAY OPPONENT’S ATTORNEY’S BIG FEES Massachusetts top Court vindicates the value of attorney’s work in Anti-SLAPP (MGL c 231 Sect 59H) and Wage Act (MGL c 149 sect 148-150) case. Hidalgo v Watch City Construction SJC 2026. Facts Hidalgo, an hourly general laborer, sued his employer, Watch City Construction Corp., claiming he… Read More »Employer’s Counterclaim on Small Claim Backfires
Privilege to Accurately Convey Dispute History
Contractor's claims for contract interference and defamation dismissed without trial FACTS OF 2025 Mass Appeals Court case BC Construction Co., Inc. vs Johnson Roberts Associates JRA architects worked on a public library project in Everett MA with BC Construction. BC submitted change orders at the end of the project increasing project cost. JRA was hired… Read More »Privilege to Accurately Convey Dispute History
To The Extent of Negligence
OWNER’S CLAIM FOR INDEMNITY TO THE EXTENT OF ENGINEER’S NEGLIGENCE BOOTED MUST SHOW NEGLIGENCE VS PROFESSIONAL WITH EXPERTS New England Building & Bridge, Co., Inc. v. Town of Cohasset v. CDM Smith, Inc. Civil Action No. 21-cv-11567-DJC (D. Mass. May 21, 2024) FACTS Project = Town dam rehabilitation Lawsuit – GC v Owner, Owner sued… Read More »To The Extent of Negligence
Amend Commercial Leases Carefully
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
Arb Awards: Confirm Them & Enter Judgment
SJC to Judges - Unchallenged Arbitration Awards "shall" be entered as Court Judgments In the recent 2024 case Boston Teachers Union Local 66 v School Committee of the City of Boston PARTIES AND FACTS In a labor union case, an arbitrator ordered the City to hire 18 substitute paraprofessionals. Claiming that the City had not… Read More »Arb Awards: Confirm Them & Enter Judgment
Defective work General Liability cover – denied
Contractor’s defective work not covered as property damage by GL insurance If built wrong to start – not an incident for coverage purposes Mass weighs in on vexing question - bad work not covered FACTS Lessard v RC Havens Mass Appeals Court 2024 Parties and lead up The homeowner’s case against the general contractor went… Read More »Defective work General Liability cover – denied
Prompt Pay – Pay then Litigate Defenses
Missing Prompt Pay Act objection dates means money must be paid but bring defenses in the same case Raise defenses AFTER paying amounts ‘deemed approved’ by the Prompt Pay Act // Don’t enter judgement separately on Prompt Pay claims, try defenses after payment is made // If the Prompt Pay Act applies, ‘too late to… Read More »Prompt Pay – Pay then Litigate Defenses
Intentional contract interference? GC loses suit vs whistleblowing Architect.
Court protects hired assessors
LIEN NOT REDUCED BY PERIODS OF RENTAL EQUIPMENT NON-USE
Mechanics Lien Law Interpreted in Massachusetts
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Charles W. Cobb
Attorney at Law
ADDRESS
320 Nevada Street Ste 301,
Newton MA 02460
ccobb@silverlakelegal.com
PHONE NUMBER
(978) 979-1223