Stan Martin | Commonsense Construction Law LLC | October 26, 2018 From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability. New homeowners sued the contractor and designer, hired by the former homeowner for a replacement septic system, when that… Continue reading Contract Scope Limits Tort Liability
Tag: Massachusetts
Contract Scope Limits Tort Liability
Stan Martin | Commonsense Construction Law LLC | October 26, 2018 From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability. New homeowners sued the contractor and designer, hired by the former homeowner for a replacement septic system, when that… Continue reading Contract Scope Limits Tort Liability
Judge Salinger: Defendant’s Letter Disputing Existence of Contract Does Not Trigger Start of Statute of Limitations Period for Plaintiff
Matthew P. Ritchie and Natalie M. Cappellazzo | Nutter McClennen & Fish LLP | March 9, 2018 In Bay Colony, Judge Salinger denied the defendants’ motion to dismiss a contract claim as time barred even though one defendant (AMB) had sent a letter to the plaintiffs more than six years earlier disputing the existence of a… Continue reading Judge Salinger: Defendant’s Letter Disputing Existence of Contract Does Not Trigger Start of Statute of Limitations Period for Plaintiff
A Promise to Pay Doesn’t Extend Lien Deadlines
Stan Martin | Commonsense Construction Law | January 24, 2018 Mechanic’s lien rights arise from the laws of each state; there is no common-law right to unilaterally lien someone else’s property. As such, compliance with statutory requirements and deadlines is paramount. Thus, when an owner promised to pay a sub, and the sub elected not… Continue reading A Promise to Pay Doesn’t Extend Lien Deadlines
Bad Facts Make Bad Law – Condo Version
Stan Martin | Commonsense Construction Law LLC | January 20, 2018 Condo bylaws that restrict the ability of a condo board to sue the developer came in a for a beating by the Massachusetts Supreme Judicial Court. While refusing to prohibit all restrictive bylaws, the Massachusetts high court roundly criticized the bylaws in question. Deservedly… Continue reading Bad Facts Make Bad Law – Condo Version