In Construction Row, Mass. Federal Judge Says Builder Didn’t Allege Duty To Defend

( July 25, 2023, 9:12 AM EDT) -- BOSTON — A construction company is not entitled to summary judgment on its breach of contractual duty to defend claims because it failed to raise the claims in its third-party complaint brought against subcontractors who are allegedly responsible for their portion of the defective construction of a 150-unit condominium complex for which the company was sued, a Massachusetts federal judge found in denying the company’s motion for partial summary judgment....

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