According to Black’s Law Dictionary, the legal principle of “equity” denotes a “spirit and habit of fairness, justness, and right dealing.” Given the ambiguous nature of what is “fair” and “unfair,” the application of equitable principles in our courts of law can lead to surprising outcomes. Take a recent Massachusetts case, Bonina v. Sheppard, in […]
Bridgeline v. Linwood Construction, LLC et al. Middlesex Superior Court 2014-07133-B Successfully defended efforts by the defendant general contractor and surety company to compel arbitration of plaintiff subcontractor’s payment bond claim, which would have severely limited the subcontractor’s rights to full recovery. Instead, a six-figure settlement was obtained that compensated the subcontractor client for its full […]
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 […]
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 […]
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 […]
Significant legal precedent has developed in Massachusetts recently concerning liability for personal injuries resulting from defective or unsafe conditions found on commercial and residential properties.
The recent Massachusetts case should deter developers and contractors from making misleading representations as to when and how outstanding invoices for additional services or materials will be paid
Subcontractors who are denied extra time to complete their work in light of project delays they did not cause should be aware of their right to collect damages from the general contractor for breach of the standard “No Damages for Delay” clause included in most large subcontracts.
A federal judge, in acknowledging recent trends in Massachusetts case law and the Restatement of Restitution and Unjust Enrichment, allowed a supplier to recover against the general contractor under Quasi-Contractual theories of unjust enrichment and quantum meruit.
A federal judge in Massachusetts has ruled that a contractor’s rights under the Massachusetts Prompt Pay Act are only applicable in the context of private construction projects.