Uncategorized
Statute of Repose on Multi-Building Project Applies to Each Building When Completed
November 3rd, 2020
The Massachusetts Supreme Judicial Court has held that the statute of repose on a multi-building, multi-phase project commences on a building by building basis. Thus, a condominium association filing suit after completion of 28 buildings has been tol…
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Contract Clauses Limiting Damages
September 23rd, 2020
The NH Supreme Court has enforced contract clauses waiving consequential damages and limiting liability. It has also noted that tort claims asserted when the underlying transaction was based on a contract will be barred by the economic loss doctrine.…
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Categories: Uncategorized
The Cost of 24 Hours: Abandonment Did Not Excuse Failure to Give Proper Termination Notice
February 11th, 2020
Although a sub apparently abandoned a project, breaching its subcontract, the general contractor’s failure to give 48 hours’ termination notice required by the subcontract was also a breach (it had given 24 hours’ notice). The trial court decis…
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One Way to Waive an Attorney-Client Communication
June 24th, 2019
The judge’s decision on an injunction hearing provides a cautionary tale for attorneys preparing a privilege log. The underlying case arose when Lockton accused Alliant of enticing soon-to-be-former Lockton managers and others into breaching their…
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When a Court Doesn’t Understand Surety Bonds
September 5th, 2018
It was only a $6,000 bond and not a construction case, but the Massachusetts Supreme Judicial Court unfortunately demonstrated its ignorance of surety bonds, showing how a case can be messed up when the court doesn’t understand the principles. In M…
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Categories: Uncategorized
Bad Facts Make Bad Law – Condo Version
January 20th, 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 b…
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How not to sue the Queen – a lesson in judicial restraint
February 25th, 2016
One strength of the US legal system is that people get their day in court even when they don’t deserve it. An obviously-patient US Magistrate Judge has issued a careful and thoughtful ruling dismissing a lawsuit that should never have been filed in…
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About Stan Martin
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.