Civil lawsuits in Massachusetts almost never get decided by juries. Fewer than 1.4% of all Superior Court Civil cases in 2015 actually ended with jury… Read More »Jury Verdicts Are Rare in Massachusetts Civil Cases
Corporations and LLC’s are considered to be legal individuals, and while people can go to court without a lawyer and represent themselves (pro se), the… Read More »Does a Corporation or LLC Need a Lawyer in Massachusetts’ Courts?
If you sue on bond to get money due on a public works job in Massachusetts and win anything after a trial, you also get… Read More »Attorney’s Fees Shifted by Value of Grader Services Recovery
Suffolk Construction was allowed to press its claims to get back some of the money kept by a bank whose borrower, a Suffolk subcontractor, went… Read More »Anti-windfall rule allows reclaiming mistakenly sent, wrongly retained, money
Parties resist settlement agreements and often regret making them. FACTS Parties in a recent Massachusetts case agreed on a settlement number but the agreement was… Read More »Emailed Settlement Agreement Enforced Despite No Time to Pay Term
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… Read More »Agent’s Cloak of Authority Binds Principal to Unknown Side Loan
SUPERIOR MECHANICAL PLUMBING & HEATING V INSURANCE COMPANY OF THE WEST 80 Mass App Ct 584 (2012) FACTS The Owner, LA Fitness Center hired the… Read More »Sub Lien Attaches only to Amounts Owner Owes GC
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… Read More »Workers Keep Pain and Suffering 3rd Party Payout Workers Comp Gets None
In a non-precedential ruling, Massachusetts Appeals Court shot down the claim of a subcontractor who, refused to perform disputed work and walked off the job.… Read More »Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
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… Read More »GMP Contract Lessons for Owners from MBTA GLx Experience