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 Wegmans that Aerotek would supply employees to provide construction supervision. Story was such an employee, hired to serve as construction foreman. As part of that agreement, Aerotek agreed to add… Read More
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 FCMNH in 2004 for demo and repair of his home. FCMNH was insured under a general liability policy by National Fire & Marine. CLAIMS FROM THE WORK Unhappy with the… Read More
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 Labor = Determine prevailing wage rates Facts Cape Cod towns put material hauling work contracts out for public bid. Bidders knew they would have to pay ‘prevailing wage’. The Department… Read More
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 Ct (2019) FACTS The B&B FP Inc. corporation was made up of two shareholders with 51 and 49 per cent ownership. The two owners had a falling out; the minority… Read More