Claims Journal A federal appellate court is asking Massachusetts’ top court to decide whether an insurance policy sublimit for damage caused by “surface waters” applies to damage from water that pooled on a parapet roof and second-floor courtyard during a rainstorm. The 1st Circuit Court of Appeals says an answer is needed so that it can resolve… Continue reading Did Water that Pooled on Roof Cause ‘Flood’ Damage? Mass. High Court Asked to Decide
Tag: Massachusetts
Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act
Matthew DeVries | Best Practices Construction Law In life, rejection is often hard to swallow. In construction, that rejection can sometimes amount to millions of dollars. A Massachusetts court recently held that an owner’s rejection of the contractor’s payment applications was not properly certified and, thus, violated the state’s Prompt Pay Act. In Tocci Building Corp. v.… Continue reading Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act
Note to “Additional Insureds” Relying on Builders’ Risk Insurance: Federal Court Decision Evaluates Extent of Coverage
Ken Sherman | Construction Law Zone The United States District Court for the District of Massachusetts has provided construction project owners, developers, general contractors, sub-contractors, suppliers, and vendors with a helpful reminder about obtaining effective additional insurance coverage on construction projects. In Factory Mut. Ins. Co. v. Skanska United States Bldg., No. 18-cv-11700-DLC, 2020. U.S. Dist.… Continue reading Note to “Additional Insureds” Relying on Builders’ Risk Insurance: Federal Court Decision Evaluates Extent of Coverage
When Does the Statute of Repose Begin to Run in Phased Development Projects?
Christopher Sweeney | Conn Kavanaugh The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the earlier of: (1) the opening of the improvement to use; and (2) substantial completion and… Continue reading When Does the Statute of Repose Begin to Run in Phased Development Projects?
Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects
Kyle Rice | White and Williams LLP In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor and its related entities, all of whom were involved in the construction of a multi-phase construction… Continue reading Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects