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
Payroll is getting treacherous to administer. In another in the line of worker-friendly payroll decisions, a recent Massachusetts Appeals Court case Vitali v Reit Management… Read More »Cubicle Denizen’s OT Claim for Working Through Lunch OK’ed by Judges
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
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
Many corporate mergers include a frozen account with part of the sale proceeds held in escrow, so the buyer has a way to take care… Read More »Merger Holdback Payout Flap – Who Can Break Off Frozen Funds?
Many construction contracts require subcontractors to secure General Liability “additional insured” status for the construction managers hiring them. With this protection, if the CM or… Read More »Additional Insured Status 2013 Update – Require It Clearly
In a characteristically astringent opinion Massachusetts Appeals Court Judge Brown called out excessive legal expenses as wasteful. Here, again we witness another puzzling situation in… Read More »Appeals Court Judge Lights into Disproportionate Legal Costs
Employees (characterized as independent contractors or not) seem to be enjoying support in the Massachusetts Courts. Sometimes Court rulings reveal trends in social concerns, particularly… Read More »Wage Claims Proliferating?
A Massachusetts Supreme Judicial Court case decided in May, offers a caution to those who hire independent contractors. A Massachusetts-based company hired independent contractors who… Read More »Mass Law Applies to NY Independent Contractor Class Action Claims