The attached documents detail a recent Massachusetts decision that could impact general contractors and their expectations on building projects.  In the case of Coghlin Electrical Contractors, Inc. v. Gilbane Building Company & Travelers Casualty & Surety Co. of America, No. 2013-1300-D (Mass. Sup. Ct., June 24, 2014) (Davis, J.) a court “dismissed a Construction Manager’s third party indemnification claim against the Division of Capital Asset Management (“DCAM”) because the Construction Manager at Risk (“CMR”) contract indemnification provisions “trumped” the project owner’s common law warranty of the sufficiency of the plans and specifications.” Read more by clicking the links below.
Memo to AGC of MA
Coghlin vs. Gilbane (Superior Ct. Decision and Order)