A recent Massachusetts Land Court case examined the validity of a “two-tier” condominium project. This two-tier condominium approach is also referred to as a condominium within a condominium. A two-tier condominium is a condominium comprised of a primary condominium (the “Primary Condominium”), pursuant to which a landowner then creates one or more condominiums within and […]
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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 […]
To protect their business interests, many employers include noncompetition clauses in their employment agreements, which place prohibitions on employees working for competitors or within the same industry after parting with their current employer. However, in October 2018 Massachusetts passed G.L. c. 149, § 24L, which governs noncompetition agreements. The failure to meet the requirements of […]
In the matter of Trustees of 10 Porter Street Condominium Trust v. Cerda, the Massachusetts Appeals Court has, for the first time, distinguished the types of condominium charges that must be “paid under protest” as a condition of challenging their propriety. Based on longstanding law in the Commonwealth of Massachusetts, the appeals court affirmed the […]
Every employer is well advised to have a written employee handbook consisting of a written compilation of rules, standards and policies governing the management of the employer’s human resources. Employers should carefully consider their business, legal, employee relations and general objectives for creating an employee handbook, and then treat it as a living document, conducting […]
Laws permitting the medicinal use of marijuana were enacted in Massachusetts in 2012 and on July 1, 2018, recreational marijuana was legalized. The Commonwealth’s evolving law governing marijuana usage presents profound challenges for Massachusetts employers seeking to protect their customers, employees and themselves. This article will briefly examine some of the current trends in marijuana […]
Since the outbreak of the COVID-19 pandemic, we have seen an increase in reliance on force majeure and other clauses in construction contracts due to delays caused by COVID-19, such as construction shutdowns and social distancing. This has caused construction projects to stop or slow, stopping or slowing payment, and has resulted in an increase […]
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 […]
In the recent matter of Bellalta v. Zoning Board of Appeals of Brookline 481 Mass. 272 (2019), the Massachusetts Supreme Judicial Court (the “SJC”) ruled that a variance was not required for a homeowner to add a dormer to their roof (only a special permit) despite the additional living space increasing a nonconforming Floor Area […]
The Massachusetts “Lemon Law,” G.L.c. 90, Section 7N ½, obligates an auto manufacturer or dealer to repair any “nonconformity” to express or implied warranties – in other words, any defect that substantially impairs a vehicle’s use, market value or safety – that arises within one year or 15,000 miles of the purchase of a new […]
