Category: Construction

Successful Opposition to Mandatory Arbitration Clause & Limitation of Statutory Payment Bond Remedies

Bridgeline v. Linwood Construction, LLC et al. Middlesex Superior Court C.A. 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 […]

Proving Acceptance of Materials Supplied/Real Estate Attachment

Auburn Winwater Works Co. v. Environic Solutions Newton District Court C.A. 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 […]

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 […]

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 […]

An Offer You Can’t Refuse

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.

Bid Protest 101

Construction contractors and suppliers should understand their right to challenge the award of any public construction contract that they believe has been denied to them in violation of the public bidding laws of the Commonwealth.   These challenges are referred to as “bid protests,” and are governed in Massachusetts by several different statutes, each of […]