Massachusetts General Laws Chapter 93A creates a cause of action for unfair and deceptive business acts or practices. The statute is intended to cover commercial transactions between independent third parties and is frequently used in litigation because of its punitive aspects (i.e., multiple damages and attorneys' fees). However, the Massachusetts courts have long held...
Category: Litigation Law
A “No Damages for Delay” Clause Between a General Contractor and its Subcontractor Will Not Bar Recovery for Loss of Productivity Damages.
In a recent Massachusetts Superior Court decision, the judge narrowly construed a standard "no damages for delay" clause in a subcontract thereby allowing the subcontractor to recover certain damages. A typical clause of this type provides that the sole remedy for any delay caused by the general contractor would be an extension of time...