The lesson of the case – cost is cost.      A recent Maryland case is interesting because an owner’s rep tried to sue a CM for giving a way low preliminary GMP.  Due to the contract language – that argument didn’t work. The CM sued for the changes the owner’s rep refused to authorize.     … Read More


 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 consumer purchasers, flow between downstream sellers and upstream makers– and who has to pay to defend while the fault is being figured out. Ferreira bought a Chrysler and believing it… Read More


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. Massachusetts Supreme Judicial Court just decided  Wyman v Ayer Properties LLC 469 Mass 64 (2014) deciding that Condominium associations can sue builders who construct common areas negligently.  My write up… Read More


A recent Vermont case found a Condominium Association in Stow trying to sue a builder for water infiltration and expenses for repair and remediation of the condos.  The builder, Engelberth Construction had its contract with the developer.  The builder got let out of the case because it had no contract with the Condo Association. The… Read More