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
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In a non-precedential ruling, Massachusetts Appeals Court shot down the claim of a subcontractor who, refused to perform disputed work and walked off the job.… Read More »Walk off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
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… Read More »Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
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
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