Fired Owner’s Rep Sues Construction Manager
The lesson of the case – cost is cost. A recent Maryland case is interesting because an owner’s rep tried to sue a CM… Read More »Fired Owner’s Rep Sues Construction Manager
claims and disputes
Integrated Contracts No Good If Owners Can Ignore Reality
You have to want to integrate Contractors’ walking off a Denver VA Hospital project, was justified by a decision of the Civilian Board of Contract… Read More »Integrated Contracts No Good If Owners Can Ignore Reality
Unreasonable Misuse Evidence Blocks Warranty Claim Injury Recovery
Conduct of the claimant admitted as a defense to machine design defect warranty claim; jury finds that conduct blocks all recovery. Affirmed on Appeal. Rose… Read More »Unreasonable Misuse Evidence Blocks Warranty Claim Injury Recovery
Need for Owner’s Oversight of BIM Tool Use Increases As More Adopt New Tools
Existing Conditions Reality Capture via Laser Point Clouds – Another Interface for BIM Few lawyers attended the 10/2/14 BIM Perspectives seminar I went to but… Read More »Need for Owner’s Oversight of BIM Tool Use Increases As More Adopt New Tools
If You Don’t Explain It; You Can’t Retain It
Construction contracts often hold back some contractor pay until the job’s end. Massachusetts lawmakers enacted a law in August 2014 to make those holdback payments… Read More »If You Don’t Explain It; You Can’t Retain It
Who Assumes Defense If Indemnity Depends On Sole Fault?
A Massachusetts case between a car dealer franchisee and an auto manufacturer Ferreira v Chrysler Group LLC shows when and if liabilities from claims by… Read More »Who Assumes Defense If Indemnity Depends On Sole Fault?
Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
A Massachusetts doctor, who didn’t sign an arbitration agreement between a nursing home and its patient, couldn’t be forced to take part in the arbitration,… Read More »Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
Condo Assn Recovers from Negligent Developer
Developers’ risks in Massachusetts now include suits from the Condominium Association over negligent construction or design of common areas. Bewildering “economic loss rule” not applied.… Read More »Condo Assn Recovers from Negligent Developer
Punitive award stripped where retaliation but no actual damages found
What kind of retaliatory conduct in employment supports a $1.1M punitive verdict? Not this kind. KIELY v TERADYNE, INC. 85 Mass App Ct… Read More »Punitive award stripped where retaliation but no actual damages found
Anti SLAPP law requires dismissal of challenge to Union’s financing suit against town over open shop contract award.
Hanover v NE Regional Council of Carpenters 467 Mass 587 (2014) Anti SLAPP law requires dismissal of challenge to Union’s financing suit against town over… Read More »Anti SLAPP law requires dismissal of challenge to Union’s financing suit against town over open shop contract award.