HVAC Fail not Due to Maker of Coil
Makers of non-defective components are not liable for damages caused when the part is added to a bigger assembly which does cause damage. Massachusetts SJC… Read More »HVAC Fail not Due to Maker of Coil
Massachusetts
Interesting Questions Deflected by Local Court to be Decided by Forum Identified in Agreement
PARTIES AND FACTS Wegmans grocery store was constructing a store in Burlington Massachusetts. It hired two companies to work on the project. Aerotek contracted with… Read More »Interesting Questions Deflected by Local Court to be Decided by Forum Identified in Agreement
INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS
Homeowner/ Contractor Insurer dispute goes 15 years. Styller v National Fire & Marine Insurance Company Mass App Ct 2019 PARTIES – Homeowner Styller hired contractor… Read More »INSURER OWES NO ATTORNEY’S FEES ON VERDICT ON UNCOVERED CLAIMS
Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Mass SJC 2019 case Donis v American Waste Services LLC Parties Employee = Donis Employer = AWS LLC Public Entities = Towns State Department of… Read More »Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
Mass corporation liable for unauthorized guarantee due to shoddy corporate paperwork and inaction after learning. People’s United Bank v B&B Fire Protection Inc. Mass App… Read More »Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
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… Read More »Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery… Read More »Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb?
Ten Tips for Massachusetts Property Insurance Claims
You have paid premiums, now you have a claim because your property got damaged. How does that work? Give Notice Early – Contact the insurer… Read More »Ten Tips for Massachusetts Property Insurance Claims
Strict Compliance for Construction Contract Recovery, Softer Standards for Equity
G4S TECHNOLOGY LLC v MASS TECHNOLOGY PARK CORP. Mass SJC 2018 FACTS Government owner hired design builder for $45M project (internet backbone for 400,000 Western… Read More »Strict Compliance for Construction Contract Recovery, Softer Standards for Equity
Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess
Sophisticated insureds can’t understand additional insured either Scottsdale Insurance v United Rentals US Dist Ct. Massachusetts (2018) FACTS Gomes had Scottsdale Insurance and when… Read More »Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess