Five-year litigation over $16,000 ends with upholding of triple damages and attorney’s fees award. For most kinds of cases, attorneys’ fees are not a part of recoverable damage. Bad faith business practice cases based on Massachusetts law GL c. 93a– if found by a judge (not a jury), after trial, can permit recovery of attorney’s… Read More

An insurer with enough notice of a claim had to pay the full damage even though the policy holder never turned over suit papers – because the insurer didn’t really suffer prejudice the top Massachusetts court ruled in a recent case. FACTS C&N ran a car repair shop and carried General Liability insurance with $50k… Read More

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 flow – and to impose a record keeping burden on those who would rather not release retainage. The enactment, Chapter 149 Section 29 F sheparded through by the Associated Subcontractors… Read More

Massachusetts’ top Court just decided a case that commercial landlords will not want to miss.  If your lease doesn’t call out how to measure damages after a tenant defaults, you may have to wait until the end of the original lease term to recover.  275 Washington Street Corp.  v Hudson River International 465 Mass 16… Read More