We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 45

Two insurance lessons, one expected and one not

  • Duane Morris LLP
  • -
  • USA
  • -
  • June 21 2012

The New York tower crane collapse in 2008 spawned many insurance claims

Waiver of subrogation two reminders

  • Duane Morris LLP
  • -
  • USA
  • -
  • February 5 2014

Diesel fuel is spilled during renovation of a library, damaging both the work in progress and the surrounding building or land. Damages may exceed

Massachusetts appeals court rules on burden of proof for lien claimants

  • Duane Morris LLP
  • -
  • USA
  • -
  • September 16 2010

Similar to many other states, the Massachusetts lien law has what may be considered a "cram-down" provision, which restricts the value of a lien in certain circumstances

Does the arbitrator decide arbitrability?

  • Duane Morris LLP
  • -
  • USA
  • -
  • January 17 2013

Citing a decision from the U.S. Supreme Court, the highest Massachusetts court has held that an arbitrator cannot decide the issue of arbitrability

Resurrection of the UConn library lawsuit (no time runs against the king)

  • Duane Morris LLP
  • -
  • USA
  • -
  • November 7 2012

Back in January, I wrote on the pending dispute about whether the State of Connecticut could file suit against contractors and designers twelve years after completion of the UConn library

Build for the tenant, but lien the landlord's title? Massachusetts Supreme Judicial Court clarifies the standard

  • Duane Morris LLP
  • -
  • USA
  • -
  • April 19 2011

The Massachusetts Supreme Judicial Court (the "SJC") released a decision on April 13, 2011in Trace Construction v. Dana Barros Sports Complex1that clarifies a contractor's lien rights against a landlord when the contractor performed work for the tenant

Lien equals security interest, but lien does not equal proof of amount due

  • Duane Morris LLP
  • -
  • USA
  • -
  • November 20 2013

A lien claimant has learned the hard way that proof of the amount due must be established at trial, and one cannot simply rely on the existence of

Economic loss rule, 1850-2013, R.I.P.

  • Duane Morris LLP
  • -
  • USA
  • -
  • March 12 2013

The folks who eroded the privity rule in A.R. Moyer v. Graham have now abolished the economic loss rule in Tiara Condominium Ass'n v. Marsh &

I need to do what??? (per the contract, or bond, or statute)

  • Duane Morris LLP
  • -
  • USA
  • -
  • July 11 2012

Courts in two different states this past week issued reminders to the parties, to do just what the contract or bond, or statute says is to be done

When the developer can't rely on the owner's engineer

  • Duane Morris LLP
  • -
  • USA
  • -
  • February 9 2012

The natural give and take between contractors and the design professionals sometimes gives way to litigation revolving around the contractor’s ability to rely on the design professional’s actions