We recently posted articles about rental provisions and the interplay of the parties in a commercial lease setting. This week, we address common issues involving the description and usage of a commercial space. Commonly overlooked, but critically important to both tenants and landlords, are commercial lease provisions pertaining to the description of the premises, the condition […]...
New Hampshire has enacted a dispute resolution statute for residential construction defect claims made by homeowners that, among other things, provides contractors notice and opportunity to resolve alleged construction defects prior to a disgruntled owner instituting litigation against them. Despite its obvious benefits to residential contractors, many contractors fail to preserve the right to rely […]...
A recent Massachusetts Supreme Judicial Court case, EventMonitor, Inc. v. Anthony Leness, narrowly interpreted a common employment contract provision. Leness was an executive at EventMonitor. The parties signed an employment agreement, which provided the manner in which EventMonitor could terminate Leness’s employment. The agreement provided a for-cause termination provision, permitting termination if Leness engaged in fraud […]...
In an opinion issued this week in N-Tek Construction Services, Inc. v. Hartford Fire Insurance Company, the Massachusetts Appeals Court ruled that a sub-subcontractor’s e-mail to a general contractor on a public construction project failed to clearly present a claim that would satisfy the notice requirements of M.G.L. c. 149, s. 29.The unpaid sub-subcontractor on […]...
Massachusetts law prohibits employment discrimination based on race, among other things. It is often difficult for plaintiffs to produce direct evidence of discrimination (i.e., the “smoking gun”), so Massachusetts law allows plaintiffs to prove discriminatory intent by producing evidence showing an employer’s adverse employment decision was merely a pretext. In a very recent opinion, Bulwer […]...
Arbitration clauses for dispute resolution are a common component of all manner of contracts. While the pros and cons of arbitrating in lieu of litigating are hotly debated, the finality of arbitrators’ decisions is often cited favorably. A reduced chance of future appeals generally keeps costs down.That finality can prove to be a bit too […]...
We have discussed the basics of non-competition agreements (“non-competes”) in Massachusetts, particularly the need to have reasonable restrictions supporting a “legitimate business interest.” Non-competes often include additional restrictions, such as non-solicitation and nondisclosure clauses. Beyond that, non-competes usually contain several provisions commonly found in legal documents. This post is the first in a series covering […]...
In a recent decision, the Massachusetts Attorney General’s Bid Protest Unit ruled that in certain circumstances a prime or general bidder on public construction projects can use the experience and qualifications of a subcontractor to meet the requirements of the project specifications.The case, In re Department of Mental Health, Attorney General Bid Protest Decision (February […]...
A recent ruling in the Rockingham County Superior Court offers further guidance to contractors regarding the extent of the right to maintain a mechanic’s lien in New Hampshire. In the matter of Fabcon Precast, LLC, v. Zirkelbach Construction, Inc., et al. Strang Scott attorney Corey N. Giroux secured a discharge of the plaintiff’s mechanic’s lien as untimely […]...
It is no secret that investing in real estate is often a shrewd financial move, especially given the current Boston rental market. Whether you already own investment properties or you are thinking about purchasing your first, there are important considerations to make to ensure that you are maximizing your returns and making your money work […]...