During the COVID pandemic, the Massachusetts Legislature passed a law allowing for Remote Online Notarizations (“RON”). By doing so, real estate transactions could continue even though in-person meetings were discouraged, and the Registries of Deeds were closed to the public. The COVID-era process was tedious. Physical documents needed to be delivered to the signer. Then, […]
Blog
In Massachusetts when a buyer finds property to purchase, the first step in the process is to make an offer that the seller will accept. The buyer binds his offer with a small deposit until a more formal Purchase & Sale Agreement (“P&S”) is executed and additional deposit funds are delivered. The offer generally outlines […]
When presented with a contract, consumers should “read the fine print.” This adage is particularly important to general contractors (GCs) who have obtained a commercial general liability insurance policy and those who hire them. Many GCs believe that a general liability insurance contract will protect them for any hazard or event that could transpire in […]
The “at-will” employment relationship is extremely common, offering both the employer and the employee the ability to terminate the relationship on short notice and with no conditions. Despite the flexibility this arrangement offers, there are exceptions to the rule. For example, an employee cannot be fired for reasons that violate public policy (such as discrimination). […]
After a summary process trial before him (without a jury), a Superior Court judge recently held that a commercial landlord could not evict a tenant despite proving the tenant had repeatedly breached provisions in the lease because the breaches were not material. While the facts in making this decision were unique and specific to this […]
In Massachusetts, it is not unusual for public construction contracts to include Project Labor Agreement (“PLA”) provisions that mandate a successful bidder only hire union laborers and subcontractors. The purpose behind this is that union labor, though more expensive because of prevailing wage regulations, will agree not to strike or engage in work stoppages, thus […]
The COVID pandemic has affected all aspects of our lives. Our workplaces, schools, religious institutions, social venues and restaurants have adapted to meet social distancing requirements in efforts to limit the possibility of the spread of the virus. Courts have been particularly affected because shutdowns, remote staff, and in-person limitations have slowed the administrative work […]
Two recent decisions from the Massachusetts Housing Court revisited and clarified the importance of procedural details to landlords seeking to evict tenants. While the procedures reviewed dealt with residential evictions, the message is equally important in commercial settings. The first step to commencing an eviction is to provide the tenant with notice of his or […]
by George Georgountzos Now that the recreational use of marijuana is legal in Massachusetts, employers must adopt new policies to ensure safety and productivity in the workplace while respecting the rights of individuals to consume products that are legal. A recent arbitration action that is working its way through the system outlines the challenges faced […]
by George Georgountzos A lease functions as the basis of the contractual agreement between the landlord and tenant, outlining the parties’ obligations to each other. When disputes arise, parties, counsel and courts look to the lease as the starting point in determining what the parties agreed to and whether there has been a breach. Peculiar […]
