by Kent Holland | Jul 21, 2025 | Newsletter Article
A project owner attempted to require a contractor to dispose of hazardous levels of PCBs the contractor removed from the interior of standpipes it was working on. After having completed its work of blasting and repainting the interior of the standpipe, the contractor...
by Kent Holland | Jul 21, 2025 | Newsletter Article
Consequential damages weren’t contemplated when a homeowner executed a contract with a builder to reroof a residence. While work was being performed a storm occurred and caused water damage to the attic. The homeowner sued the builder, and after discovery was...
by Kent Holland | Jul 21, 2025 | Newsletter Article
In a decision by the Massachusetts Supreme Judicial Court (SJC), it was held that the tort statute of repose that sets a time bar for filing tort actions for damages arising out of design defects was not applicable to a project owner claim against a design firm based...
by Kent Holland | May 21, 2025 | Newsletter Article
If you agree by contract clause to pay the prevailing party’s attorneys’ fees, and the court would not have imposed those fees in the absence of the contractual obligation, the professional liability policy will not cover those fees as “damages.” The contractual...
by Kent Holland | Apr 15, 2025 | Newsletter Article
Where a condominium association was sued by an individual condo unit owner based on water damage allegedly caused by failure to maintain a common element balcony, the insurance carrier for the Association defended and ultimately settled the suit for its $1 million...
by Kent Holland | Apr 15, 2025 | Newsletter Article
Owner established that its contractor breached its contract by failing to complete and/or properly perform bathroom tile work in a house being built. The Owner sought compensatory as well as consequential damages allegedly caused by construction delays resulting from...
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