Omega Demolition Corp. v. Walsh Construction Company, et al. (Lawyers Weekly No. 09-024-18)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION 2017-1736-BLS 2 OMEGA DEMOLITION CORP., Plaintiff vs. WALSH CONSTRUCTION COMPANY, MCCOURT CONSTRUCTION COMPANY, INC., WALSH-MCCOURT JV1, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA and CONTINENTAL CASUALTY COMPANY, Defendants MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ PARTIAL MOTION TO DISMISS This dispute arises out of a subcontract for bridge demolition between Plaintiff Omega Demolition Corp. (Omega) and Defendants Walsh Construction Company (Walsh) and Walsh-McCourt JV1, (WMJV), a joint venture between Walsh and Defendant McCourt Construction Company, Inc. (McCourt). Omega, the subcontractor, alleges, among other things, that Walsh and WMJV breached the subcontract by failing to furnish so-called “shielding and containment” for Omega’s use in performing its demolition work. Walsh, WMJV, McCourt and their sureties, Defendants Travelers Casualty and Surety Company of America and Continental Casualty Company, now move to dismiss those portions of Counts I through V which are based on this allegation, arguing that it is clear from the language of the subcontract that neither Walsh nor WMJV had any obligation to provide shielding and containment for Omega. This Court disagrees and concludes that the Motion must be DENIED. BACKGROUND The following is drawn from the allegations in the Complaint together with the exhibits attached to it and documents referenced therein. See Schaer v. Brandeis Univ., 432 Mass. 474, 477 (2000); Waterson v. Page, 987 F.2d 1, 3-4 (1st Cir. 1993). In March 2013, the Massachusetts Department of Transportation (MassDOT) awarded a general contract (the Primary Contract) to WMJV, a joint venture between Walsh and McCourt, for a project that involved the replacement of or improvements to nine bridges and associated sections of I-95 between Newburyport and Salisbury (the Project). Project responsibilities were divided between Walsh and McCourt, with Walsh responsible for the portion of the Project involving the reconstruction of the John Greenleaf Whittier Bridge which carries I-95 over the Merrimack River. In December 2013, Walsh, as agent and on behalf of WMJV, entered into a Subcontract with Omega to perform work that included the demolition of the Whittier Bridge and lead abatement. The Subcontract consisted of a one page document to which several exhibits were attached, including Exhibit A (“Terms and Conditions”) and Exhibit B (“Scope, Clarification, Alternates and Unit Prices”). Article 1.2 of the Subcontract, under the heading “Mutual Obligations,” states that: Subcontractor assumes toward Contractor all of the obligations, risks and responsibilities that the Contract by the Contract Documents has assumed to the Owner, and the Subcontractor is bound to the Contract by those obligations in the same manner as the Contractor is bound to the Owner. The Subcontract also contains other references the Primary Contract. […]
Categories: News Tags: 0902418, Company, Construction, Corp., Demolition, Lawyers, Omega, Walsh, Weekly
PHOTOS: Ink Block Demolition Continues on Harrison Ave
The former Boston Herald building is officially no more. Demolition has been underway for the last several weeks at the Harrison Ave site of the future Ink Block Developement, a $ 200 million mixed-use project that will feature hundreds of apartments and a Whole Foods supermarket. At the demolition site this week, construction crews used a crane and a wrecking ball to tear down the small portion remained standing of the Herald building. Construction began on the six-acre site in 2013 with a ceremonial ground-breaking. The project is scheduled to be fully completed in 2016. The Whole Foods supermarket is expected to open in late 2014. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Week in Review: I-93 Overpass Improvements, Herald Building Demolition
The following were the top articles on South End Patch from April 8 to April 12, 2013: Former Herald Building Demolition, Ink Block Construction to Start See what Mayor Menino and others had to say to commemorate the former Herald Building that will soon be demolished. Improvements Coming to I-93 Overpass Find out what changes are being made to improve safety. New Book to Feature South End Residents Find out how you or your friends could be included in the South End edition of “Legendary Locals.” Five Guns, Child Found in South End Bed Bug Search Police have released more information on the small cache of guns found inside an East Brookline Street apartment on Friday. Vision for Vacancy: What Should Replace Sibling Rivalry? The long-time tenant of Tremont Street suddenly announced last week it was closed. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: Building, Demolition, Herald, Improvements, Overpass, Review, Week
Former Herald Building Demolition, Ink Block Construction to Start
In a ceremony filled with memories from Boston Herald employees and hope for the future development of the neighborhood, Mayor Menino, state reps and city officials gathered in the South End on Thursday to say goodbye to the old building and welcome the new Ink Block development. Menino said he was happy to see a bridge built between the South End, Chinatown and South Boston with the new development, and the first full-sized grocery store come to the South End. “The South End deserves this type of development,” he said. “As part of the ongoing transformation of the South End, this project will grow the neighborhood’s vitality with its diverse housing mix, new pedestrian activity and retail energy.” The new development, situated at the corner of Harrison Ave and Traveler Street, will feature 475 units of housing in five buildings and 85,000 square feet of retail space, including a 50,000-square-foot Whole Foods Market, which will be the chain’s largest location in Boston. “We are thrilled to officially begin construction on what we are proud to say will become the new center of gravity for life in the South End,” said Ted Tye, managing partner of the development firm on the project, National Development. “Ink Block will transform this currently underutilized block by adding stylish neighborhood-focused, trend-setting housing, restaurants, exciting shops and entertainment options, making this the newest location for 18-hour living in Boston.” But not everyone at the ceremony was excited to see the building be torn down. Joe Fitzgerald, a 43-year veteran of the Boston Herald, reminisced about the days and long hours spent at the building, the time in 1982 when the paper was almost shut down, and the daily rumbling of the newspaper presses doing their work late into the night. “From all of us at the Boston Herald, I hope you’ll be as happy living here as we were working here,” he said. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: Block, Building, Construction, Demolition, Former, Herald, Start
Things to Know in the South End Today, April 11: Ink Block Demolition Ceremony
1. Weather: The National Weather Service is predicting a rainy day with a high of 49 degrees. There’s a 60 percent chance of rain. 2. Ink Block Demolition: There will be a special demolition ceremony at Ink Block on Harrison Ave. in the South End Today. Mayor Menino and others will be on hand to remove the first brick from the former Boston Herald building to start the demolition and construction process to make way for the new apartment complex. See here for more information. 3. Musical at BCA: The Boston Children’s Theatre presents a musical take on the children’s book, “Alexander and the Terrible, Horrible, No Good Very Bad Day,” this weekend and next weekend at the Boston Center for the Arts (572 Tremont St.) See here for more information. 4. Artist Walk-Through: Boston Artist Ken Beck will “extemporize” on 78 paintings and drawings from his private collection spanning nearly 30 years which presently are on display at Hammond Residential Real Estate, 10 Berkeley St. this coming Sunday, April 14, from 4-5pm. The exhibit is open from 9 a.m. to 5 p.m. weekdays and from 10 a.m. to 4 p.m. weekend through May. See here for more information. 5. South End Award: Leo Delaney, CEO of Ellis Memorial, has been selected by the Board of Directors of the Ellis South End Neighborhood Association as the 2013 recipient of the Arthur Howe Award. Named for longtime neighborhood resident and founding member of the neighborhood AssociationArthur Howe, the award is presented annually to an individual who has made “enduring contributions toward improving and preserving Boston’s unique and historic South End. “ In announcing the award, Ellis South End Neighborhood Association President Michael Hall cited Delaney’s “many years of community service to our South End neighborhood.” See here for more information. Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement. Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter. Share your thoughts on your community in a blog. Click here to get started. South End Patch
Neighbors on Taylor St. House Demolition: Conditions Were Unsafe
Imagine sitting in your home one morning and feeling the entire floor shake. That’s how Taylor Street resident Louane Hann was notified of the construction happening on her street last Tuesday. “I was working from home, and all of a sudden, I felt the earth move,” she said. “There was a guy with a backhoe and a guy with a hose, and they were ripping the house down.” Hann said neither she nor anyone else in the neighborhood was notified that construction would begin at the wooden house at 8-10 Taylor Street, and that it would involve demolition of the building. “We get notices about someone getting a roof deck you can’t even see half the time, and no one got a notice about this,” she said. “It’s unbelievable.” Couple the lack of notice with the complete surprise that the building, which neighbors thought had been approved for a renovation and addition, was being completely demolished. And the day of demolition left dust everywhere, debris on neighbors’ porches and properties, and even broke a window at a home next door, said nearby residents. “During the demolition I saw two kids standing outside watching, and I remember thinking, ‘Is it safe for those kids to be breathing that?” Hann said. “All of these old homes have lead in the paint,” she said. Neighbors said they called Boston’s Enviornmental Department to complain about the mess and to voice the worry that the old home contained lead paint that was now swirling through the air on their street. Through those calls to the city, the Landmarks Commission learned that an extra wall on the property was demolished that was not included in the project’s original plans, the home’s east wall. A stop work order was posted on Friday, Jan. 25th and the owner was asked to appear at a public meeting of the Landmarks Commission on Tuesday. By Monday, Jan. 28th, the project’s architect Scott Slarsky said the city’s Inspectional Services team had come through the site and determined there was no asbestos or lead paint, and lifted the stop work order due to the environmental concerns. But that still left a stop work order related to the site’s demolition of the property’s east wall. Property owner Ramy Rizkalla said contractors and inspectors found the east wall was bowing in, it was rotting, and there was termite damage, and a structural engineer ruled the wall was unsafe to leave on the property. Rizkalla said the decision to take down the wall was approved by the city’s Inspectional Services department. However, it is the Landmarks Commission that requested the hearing on Tuesday. “Though they aren’t going […]
Categories: Arrests Tags: Conditions, Demolition, house, Neighbors, Taylor, Unsafe, Were