Reynolds v. Comm., 412 Mass. 1 General contractor denied delay damages against D.P.W. under G.L. c.30, §39O for delays resulting in part from D.P.W.'s conduct, because D.P.W. issued no written suspension order which the court rules is a condition to recovery under that statute.
Sciaba v. Mass. Turnpike Authority, 412 Mass. 606 A public authority has the right to prequalify bidders even though the statute requiring prequalification does not refer to that authority. The Court upheld the authority's denial of prequalification status to a general contractor preventing it from bidding on a major tunnel project
Mass. Electrical v. R.W. Granger, 32 Mass. App. Ct. 982 Statutory subcontract on public work incorporated by reference the arbitration agreement in the general contract. The general contractor was entitled to an order compelling the subcontractor to arbitrate.
Puritan Medical v. Cashman, 413 Mass. 617 G.L. c.93A does not apply to unfair dealings within a single company. Thus a corporate director who owned the building leased to the corporation can not be liable to the corporation under c.93A for overcharging rent.
Esso v. Kasparian, 32 Mass. App. Ct. 731 An architect is liable to project owner for damages caused by the architect's faulty supervision of construction. The Court inferred from the seriousness of the construction defects the architect should have detected and prevented them .
This
newsletter is intended to provide general information of interest to the
construction industry. It is not intended to provide specific legal advice or
to address fact specific issues. For that you should consult your legal
counsel. Corwin & Corwin assumes no liability in connection with the use of
this newsletter. The Supreme Judicial Court may consider this material
advertising.
©1992-2000 Corwin & Corwin LLP. All rights reserved.