Despite the strict nature of this decision, Contractors with projects affected by COVID-19 may have a more convincing argument for impossibility. First, prime construction contracts (including the commonly used AIA documents) tend to expressly define the roles and expectations of Subcontractors, Designers and other non-parties upon whom the parties to the contract depend on to perform their obligations.
Mass. Appeals Court Re-Affirms General Liability Coverage for Damages Caused by Construction Defects
In a recent decision, All American Ins. Co. v. Lampasona Concrete Corp., the Massachusetts Appeals Court affirmed its long standing precedent that a contractor’s general liability insurance is (usually) liable for damages to overlaid material caused by a contractor’s improper …
Mass. Appeals Court: Employee Who Sued For Injury Wrongfully Terminated
A common legal complication arising out of Massachusetts construction injuries is a suit brought by the injured party against parties upstream to their employer–i.e. a subcontractor’s employee bringing suit against the general contractor. Massachusetts workers’ compensation law bars the employee …