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… Read More »MBTA Struggles with its Own Building Contracts
An insurer with enough notice of a claim had to pay the full damage even though the policy holder never turned over suit papers –… Read More »Court Tags Insurer with Entire Judgment Despite Lack of Notice of Suit
Massachusetts top Court issued a much awaited decision Coughlin Electric v Gilbane Building Co ruling on construction contracting methods and the scope of duty between… Read More »Owner Warrants Some Design Adequacy to CM At Risk
Employees and ex-employees are suing under the Massachusetts Wage Act and a recent decision clarifies what all they can collect in such suits. In Wessell… Read More »More & More Massachusetts Wage Law Claims
A candidate for State Representative in Massachusetts swore out a criminal complaint against the leaders of a Political Action Committee who, just before an election,… Read More »Criminalizing Political Speech is Unconstitutional
Regulated utilities sit on the seams between public and private, Federal and State and often, on the seams between the branches of government. In a… Read More »Tariff exculpates utilities; blocks recovery of business losses. Courts defer to Legislature’s DPU.
A recent Massachusetts case confirms, again, that Court review of arbitration awards is begrudging and very limited. Below is a brief of CONWAY v CLC… Read More »Dim Hope of Arbitration Award Review – Excess of Authority = Lone Basis
Massachusetts updated its rules for lawyers in March 2014. How would such rules govern Project Counsel on an IPD project engaged to meld the parties… Read More »Project Counsel Governed by 3rd Party Neutral Rules?
When the contract mandates specific coverage, be sure you have it. Designers were found to have breached their contract to procure insurance naming an Ohio… Read More »Designers on Hook Where Cover Excluded Required Element
Massachusetts’ Appeals Court decided an unknown site conditions case where the low bid contractor used a very low plug number for its estimated cost to… Read More »Way Low Bid to Move Rock Costs Contractor