(Download) "Massachusetts Turnpike Authority v. Perini" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Massachusetts Turnpike Authority v. Perini
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 28, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Review of decisions largely controlling the interpretation of a property damage indemnity clause inserted for the benefit of a turnpike authority in a construction contract and of the property damage coverage of a liability insurance policy issued to the contractor. [452-454] Under a contract drawn and awarded by a turnpike authority for construction of a tunnel after the authority had taken by eminent domain ""all property and rights"" necessary for the project, providing that the contractor ""shall indemnify and save harmless the uthority . . . against all . . . claims . . . for or on account of any . . . damage to property arising out of or in consequence of the acts of . . . [the contractor] in the performance of the work covered by the contract,"" and that the contractor ""shall, at his own expense . . . protect from injury all property . . . adjacent to the work and . . . be responsible for and repair at his own expense any and all damage and injury thereto, arising out of . . . any act or omission of . . . . . . in the performance of the work,"" the parties intended that the contractor should indemnify the authority against claims for property damage arising from his tortious acts and omissions, but not against claims enforceable against the authority under G. L. c. 79 for property damage attributable to the takings by eminent domain or ""inevitable"" in carrying out the work. [454-455]