Posts
Agent’s Cloak of Authority Binds Principal to Unknown Side Loan
If you let someone look like they have power to act for you, they can bind you to deals - even to deals you don't know about. In a recent Massachusetts Appeals Court case, Fergus v Ross a lender used an agent who brought in many loan proposals. Often the loans were backed up by… Read More »Agent’s Cloak of Authority Binds Principal to Unknown Side Loan
Sub Lien Attaches only to Amounts Owner Owes GC
SUPERIOR MECHANICAL PLUMBING & HEATING V INSURANCE COMPANY OF THE WEST 80 Mass App Ct 584 (2012) FACTS The Owner, LA Fitness Center hired the General Contractor, PinnCon LLC to construct a sports facility in Saugus. The GC hired Superior as a plumbing subcontractor. The Owner and GC had a written agreement saying that the… Read More »Sub Lien Attaches only to Amounts Owner Owes GC
Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
When someone gets hurt at work, the employer’s workers compensation automatically pays medical costs and a large fraction of lost wages - no matter whose fault caused the work injury. Due to a 100 year old legislative trade-off, this automatic but limited recovery, cloaks the employer with immunity from lawsuits from their employees. Comp collecting… Read More »Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
Demand Response Survives Supreme Challenge
Energy disputes have it all – States v Feds, markets v regulators, environment v economy - with liberals, conservatives and rabid partisans in each camp. The FERC v EPSA (2016) US Supreme Court lawsuit was a flat out challenge to Federal Energy regulators right to make market rules. The agency acted (to authorize payments to… Read More »Demand Response Survives Supreme Challenge
Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
In a non-precedential ruling, Massachusetts Appeals Court shot down the claim of a subcontractor who, refused to perform disputed work and walked off the job. Acme Abatement Contractor, Inc. V. S&R Corporation, Mass: Appeals Court (2015) FACTS S&R hired Acme Abatement for part of the scope of a job at a plant and its… Read More »Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
GMP Contract Lessons for Owners from MBTA GLx Experience
The MBTA's Green Line Extension project axed its contractors after an independent study by Berkley Research Group analyzed reasons for ballooning costs. Lessons on Stopping GMP Cost Overruns for Construction Owners • Have a budget and accept value engineering options to maintain it • Make the Designer design to the budget in a minimum number… Read More »GMP Contract Lessons for Owners from MBTA GLx Experience
MBTA Struggles with its Own Building Contracts
Massachusetts MBTA ran into problems managing construction projects under the terms of the deals it signed. Why do government owners have problems with contracting styles common to private work? Contractors All Thrown off After Study The MBTA found that after years of planning for the Green Line extension project that the construction costs were way… Read More »MBTA Struggles with its Own Building Contracts
Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
Frozen pipe property damage claim against insurer governed by statute of limitations - discovery rule doesn’t apply FACTS Building owner learned during a cold December that pipes froze and leaked water through the house. The insurer investigated for over one year and didn’t pay. The owner sued – more than two years after the loss… Read More »Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
Court Tags Insurer with Entire Judgment Despite Lack of Notice of Suit
An insurer with enough notice of a claim had to pay the full damage even though the policy holder never turned over suit papers - because the insurer didn't really suffer prejudice the top Massachusetts court ruled in a recent case. FACTS C&N ran a car repair shop and carried General Liability insurance with $50k… Read More »Court Tags Insurer with Entire Judgment Despite Lack of Notice of Suit
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Charles W. Cobb
Attorney at Law
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Newton MA 02460
ccobb@silverlakelegal.com
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