Commercial construction projects of $3 million or more are subject to the Prompt Payment Act, G.L.c. 149, §29E (“PPA”), which ensures prompt payment, or resolution, of disputes about, invoices for periodic payment made by contractors during the course of work. It requires owners to approve or reject periodic payment requests within 15 days after submission […]
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Since the gruesome May 5, 2017, double murder of two doctors in their penthouse South Boston condominium unit, multiple lawsuits have ensued. The murderer, now convicted of two charges of first-degree murder, lurked inside the 11th-floor hallway of the condominium and attacked one of the victims when she returned home. The murderer had worked in […]
Creating incentives for employees to perform better can take many forms, such as merit bonuses or grants of equity through restricted stock or stock options. Each strategy should have the effect of aligning the employee’s interests with the long-term success of the company, and hopefully creating an economic incentive for the employee to increase their […]
According to Massachusetts case law, an order directing specific performance of a contract to sell real property is appropriate where one party to that contract, either a buyer or seller, has shown: there is a binding contract to sell property; the agreed time for performance has arrived; and the party seeking performance has performed, or […]
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 […]
Trademarks are often among the most important and valuable assets of a business. A distinctive trademark allows a business to build public goodwill and brand reputation in the goods or services it sells. A trademark is any word, name, slogan or symbol (or any combination thereof) that identifies and distinguishes the source of the goods […]
First off, congratulations! In my practice, I meet far too many people who put off making financial plans for their future (“I’m still working. I don’t need to think about that yet.”), a decision they regret when something unforeseen happens or they haven’t considered inheritance implications. When preparing for the future, there is no time […]
The Massachusetts Supreme Judicial Court (the “SJC” or the ‘Court”) recently issued a noteworthy decision in a case involving the rights of joint tenants and their heirs when one joint tenant passes away during a partition proceeding. The case of Brattle v. Howard arose out of a petition to partition filed in the Massachusetts Land […]
When it comes to home improvement, homeowners and contractors must have mutual trust and confidence. Homeowners deserve quality finished work, and contractors deserve prompt and fair payment. A written contract is one of the ways in which the parties can ensure a fair bargain and hold each other accountable. This article suggests a number of […]
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). […]
