Latest Blog Posts

Successful Defense of Unpaid Overtime Claims

Freehart et al. v. Charlton Welding et al. Worcester Superior Court 2013-0633 Our office successfully moved for summary judgment in favor of the defendant (a commercial trucking company) on all of the plaintiffs’ overtime claims, worth approximately $186,000.00, after the plaintiffs were determined to be exempt from mandatory overtime pay under the state and federal motor carrier exemptions.

Recovery for Commercial Property Damage/Unfair Settlement Practices

Miso, Inc. v. Dias et al. Worcester Superior Court 2013-01040 Full market value of automotive garage destroyed by gasoline explosion recovered on behalf of property owner from tenant’s out of state insurer. With the assistance of fire recreation and real estate appraisal experts, firm presented compelling evidence of tenant’s negligence and pressed claims for unfair […]

Action for Adverse Possession and Quiet Title to Land

Duclos v. O’Leary et al. Middlesex Superior Court 2013-00642 Successful action to quite title to client’s Marlborough property. Property had never undergone probate after the last owner with clear title passed away in 1943, and client had received defective deeds in 1981 from the “then-known” heirs.

Proving Acceptance of Materials Supplied/Real Estate Attachment

Auburn Winwater Works Co. v. Environic Solutions Newton District Court 1312 CV 131 Summary judgment entered in plaintiff supplier’s favor on all claims and counterclaims, upon showing that contractor had “accepted” all materials under the UCC, and that contractor’s failure to read or understand terms of the parties’ credit agreement was not a cognizable defense […]

Proving Notice of Public Payment Bond Claim

H.R. Prescott & Sons, Inc. v. Western Surety Co. et al. Middlesex Superior Court C.A. 2011-03871-B Successfully established defendant surety company’s “actual notice” of client’s bond claim within statutory time frame, prompting six figure settlement.

Breach of Contract for Non-Payment

G.S. Redlon & Sons vs. Intech, Inc. Marlborough District Court C.A. 200921CV345 Successfully prosecuted and proved at trial general contractor’s claims that it was due its contract balance for nonpayment, and successfully defended against owner’s claims that general contractor did not complete its work and perform in a workmanlike manner. The jury found the general […]

Defending a Bid Protest

Easton Winwater Works Co. and Town of Burlington advs. Mass Installation Prevailed at the Attorney General’s Office and successfully defended against a bid protest filed by another bidder alleging Easton Winwater Works’ low bid was not responsive and therefore not eligible due to wage rates.  

Defending a 93A Claim for Defective Work and Against the Principal Individually

H.J. Centola & Sons and Joseph Centola advs Anthony Catlin Aggressively responded to homeowner’s 93A claims and successfully demonstrated that homeowner’s claims for improper work were not only without merit, but were time barred. Successfully proved that action could not be pursued against the corporate principal individually when homeowner’s contract was solely with the corporation.

Defending Claims of Defective Products

H.R. Prescott & Sons, Inc. v MPF Corp., Michael P. Federico, Individually and North American Specialty Insurance Company Worcester Superior Court C.A. WOCV2003-00887 Successfully prosecuted supplier’s M.G.L. c. 149 § 29 bond claim and proved that general contractor’s refusal to pay supplier due to alleged defects and cost of remedial work was unfounded. Demonstrated problems […]

Prosecuting Public Payment Bond Claim

Miles Johnston d/b/a Johnston Drywall v Jan Five Corp. d/b/a Alexandra Construction, National Union Fire Insurance Company of Pittsburg and Hartford Fire Insurance Company Middlesex Superior Court C.A. MICV2002-04098 Successfully prosecuted subcontractor’s claims pursuant to M.G.L. c. 149 § 29 to judgment, and successfully defended delay claims and improper work claims by general contractor. Subcontractor […]