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 defense to breach of contract. Full judgment plus attorney’s fees collected after debtor’s personal residence attached and scheduled for sheriff’s sale.
Proving Notice of Public Payment Bond Claim
H.R. Prescott & Sons, Inc. v. Western Surety Co. et al.
Middlesex Superior Court
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
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 contractor was justified in stopping work for nonpayment, owner’s claims unfounded and the general contractor obtained a judgment and a full recovery of its contract balance, plus interest and attorney’s fees.
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 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
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 were the result of improper installation and not product defects. The case was settled right before trial, in favor of the supplier, for the amount of its claim as well as interest and reasonable attorney’s fees.
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
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 obtained a judgment and fully recovered approximately $300,000, including interest and attorney’s fees.
Defending Claims of Breach of Contract
Vincent Rico & Associates v. St. George Orthodox Cathedral
Successfully defended an architectural landscape firm at arbitration, proving owner’s alleged claims for damages were outside the scope of the parties’ contract and speculative in nature. No damages were awarded to owner; award for Vincent Rico & Associates.