Commonwealth v. TLT Construction Corp.

Plaintiff Commonwealth of Massachusetts (“Commonwealth”) originally brought this action against TLT Construction Corp. (“TLT”) and other defendants.1 The Commonwealth alleges that defendants’ negligent waterproofing of the exterior of the Suffolk County Courthouse (“Courthouse”) with a substance known as Duramem damaged the Commonwealth’s property and resulted in interruption to its business. As part of its damages, the Commonwealth seeks reimbursement for expenses under its Authorized Absence Program (“AAP”), which paid full wages to employees who were too incapacitated by Duramem fumes to…