MacFarland v. Rcs Group, Inc., 04-P-1530.

Decision Date16 March 2006
Docket NumberNo. 04-P-1530.,04-P-1530.
Citation65 Mass. App. Ct. 1121-1124,843 N.E.2d 1118
PartiesMacFARLAND v. RCS GROUP, INC. LAMONICA CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANT.
CourtAppeals Court of Massachusetts

Decision Pursuant to Rule 1:28.

The judgment entered July 22, 2004, is reversed, and the stipulations regarding attorney's fees and costs and dismissal, entered April 7, 2003, are set aside. The judgment of dismissal entered July 22, 2004, is vacated. The case is remanded to the Superior Court (i) with instructions to enter an order declaring that paragraph 5(a) of the RCS/Lamonica subcontract is void as violative of G. L. c. 143, § 29C; and (ii) for further proceedings consistent with the memorandum and order of the Appeals Court.

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2 cases
  • Rcs Group v. Lamonica Const. Co.
    • United States
    • Appeals Court of Massachusetts
    • 30 Octubre 2009
    ...reversed that judgment after concluding that the indemnification provision violated G.L. c. 149, § 29C.1 MacFarland v. RCS Group, Inc., 65 Mass.App.Ct. 1123, 843 N.E.2d 1118 (2006). On remand, RCS Group again prevailed on summary judgment, this time based on the company's alternative argume......
  • Aldo v. Vivid Technologies, Inc., 05-P-294.
    • United States
    • Appeals Court of Massachusetts
    • 16 Marzo 2006

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