Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina LLP | January 27, 2016 The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be awarded fees. Beacon Towers Condo. Trust v. Alex, 473… Continue reading Arbitrators’ Award of Attorney’s Fees Thrown Out Because the Parties’ Agreement Did Not Provide for It
Month: February 2016
Litigating Construction Defects in Community Association Property: Part 1
D. Brad Hughes | Jimerson & Cobb P.A. | January 27, 2016 The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property. These latent construction defects can manifest themselves in a number of different ways, including but not limited to,… Continue reading Litigating Construction Defects in Community Association Property: Part 1
Coverage for Direct Physical Loss Does Not Necessarily Include “Matching” or Require “Aesthetic Uniformity”
Heidi Hudson Raschke | PropertyCasualtyFocus | January 29, 2016 When a property insurance policy covers a multi-story building or multi-building property, and a portion sustains damage, there is often a question regarding the extent to which undamaged property should be replaced to ensure matching and/or aesthetic uniformity throughout the property. In Great American Insurance Company… Continue reading Coverage for Direct Physical Loss Does Not Necessarily Include “Matching” or Require “Aesthetic Uniformity”
Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work
Jasmine K. Gardner | Bradley Arant Boult Cummings | January 25, 2016 In yet another case from Massachusetts, the Massachusetts Appeals Court in Acme Abatement Contractor, Inc. v. S&R Corp. found that a general contractor was justified in not paying its subcontractor, even after the subcontractor had performed the majority of its work, because of… Continue reading Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work
New Tool for Illinois Property Owners and Lenders to Remove Mechanics Liens
William J. Dorsey and Daniel J. Elrod | Katten Muchin Rosenman LLP | January 15, 2016 Introduction The Illinois Mechanics Lien Act has long served as a powerful collection mechanism for Illinois contractors and material suppliers that provide labour or materials for the construction of improvements to real property.(1) The act permits them not only… Continue reading New Tool for Illinois Property Owners and Lenders to Remove Mechanics Liens