Way Low Bid to Move Rock Costs Contractor
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
litigation
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
Construction Equipment Lessor Gets Out of Injury Suit This Time
Massachusetts judges have twice recently considered the liability of a construction equipment renter to a person injured while using the equipment and the cases reach… Read More »Construction Equipment Lessor Gets Out of Injury Suit This Time
Expensive Attack on Agreed Process for Appraiser Fails
STATE ROOM, INC. v MA-60 STATE ASSOCAITES LLC 84 Mass App Ct 244 (2013) FACTS A lease set rent for the option term beginning 2010… Read More »Expensive Attack on Agreed Process for Appraiser Fails
Healthy Spouses of Sick Spouses – Mass Bans Emlployers’ Discrimination
Massachusetts Supreme Judicial Court now recognizes claims for “associational discrimination” against employers who provide family health insurance and who fire healthy employees with very sick… Read More »Healthy Spouses of Sick Spouses – Mass Bans Emlployers’ Discrimination
Appeals Court Judge Lights into Disproportionate Legal Costs
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
Mass Law Applies to NY Independent Contractor Class Action Claims
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
Commercial Landlord Early Termination Damages – Write it In
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… Read More »Commercial Landlord Early Termination Damages – Write it In
General Rule Applies to General Liability but Not to Title Insurance
Must an insurance company defend the entire case where some claims are covered but some are clearly not covered? General liability insurers must, title insurers… Read More »General Rule Applies to General Liability but Not to Title Insurance
Litigation nightmare $900,000 subcontract >$1M verdict
Litigation has been called the sport of kings. In my opinion, it is a bad way to solve problems or to answer questions. A recent… Read More »Litigation nightmare $900,000 subcontract >$1M verdict