Blog Post
10/13/2021
By Gregory M. Boucher

A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to the owner resulting from owner’s termination of the contractor for cause. See BRT Mgmt. LLC v. Malden Storage, LLC, No. CV 17-10005-FDS, 2021 WL 4133298 (D. Mass. Sept. 10, 2021).

Blog Post
09/28/2021
By Gregory M. Boucher

A Texas appellate court recently ruled that an owner properly terminated its contract with a contractor, despite the owner’s failure to provide the contractor notice and an opportunity to cure. See TPG (Post Oak) Acquisition, LLC, et al. v. Greystone Multi-Family Builders, Inc., et al., First Court of Appeals of Texas, No. 01-18-00396-CV, 2021 WL 3870130 (August 31, 2021). The Texas appellate court reversed a trial court decision in favor of the contractor, which had ruled that the owner failed to provide the contractor notice and an opportunity to cure.

Blog Post
01/19/2021
By Gregory M. Boucher

A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act, G.L. c. 149, § 29E, which applies to most projects with a prime contract worth more than $3 million. See Tocci v. IRIV Partners, LLC, et al., Suffolk Superior Court, 1984CV000405 (November 19, 2020). 

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