Posts tagged "Walsh"

Omega Demolition Corp. v. Walsh Construction Company, et al. (Lawyers Weekly No. 09-024-18)

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COMMONWEALTH OF MASSACHUSETTS

 

SUFFOLK, ss.                                                                       SUPERIOR COURT

                                                                                                CIVIL ACTION

  1. 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. read more

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Posted by Massachusetts Legal Resources - March 9, 2018 at 5:25 pm

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