Commonwealth v. Johnson Insulation, 425 Mass. 650 (1997)
The Supreme Judicial Court ruled that a subcontractor who furnished and installed insulation containing asbestos was liable for the cost of removing that asbestos even though the insulation furnished was exactly as specified and approved by the project owner. The Court held that Johnson breached the implied warranty of merchantability by failing to provide the owner with adequate warning of the danger of asbestos insulation.
Sciaba Construction Corporation v. Frank Bean, Inc., 43 Mass. App. Ct. 66 (1997)
Massachusetts’ Appeals Court ruled that an indemnification agreement included in the general contract and incorporated by reference into the subcontract was not enforceable against the subcontractor because it required indemnification even where the subcontractor was not in any way at fault. The Court concluded the indemnification agreement violated c. 149, §29C which invalidates indemnification provisions requiring subcontractors to indemnify others irrespective of fault.
Amanti & Sons, Inc. v. Town of Barnstable, 42 Mass. App. Ct. 773 (1997)
The Appeals Court ruled an awarding authority was wrong to reject a low sub-bidder for including information in its bid that was inconsistent with statutory bidding requirements where the information was requested by the awarding authority in the bid documents. The Court, however, let the authority off the hook by awarding the sub-bidder bid preparation costs only.
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