Many states and jurisdictions, including Massachusetts, have been prompted to re-examine their construction and design liability related laws in the wake of the Champlain Towers South high-rise condominium collapse in Surfside, Florida. One such law is under particular scrutiny in Massachusetts. In Massachusetts, Massachusetts General Laws, Chapter 260, §2B (the “Statute of Repose”) generally prevents […]
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Given the effects of Covid-19, the commercial real estate market has been interesting for commercial landlords and tenants alike. Landlords and tenants are both trying to evaluate the immediate and long-term future of their leased premises. Many landlords and tenants are taking advantage of the current market in an effort to better their long-term positions […]
The Massachusetts Supreme Judicial Court (SJC) resolved an important question concerning how long prospective plaintiffs have to pursue construction defect claims against a developer when a condominium development consists of multiple buildings constructed over an extended period of time. In D’Allesandro v. Lennar Hingham Holdings, LLC, the SJC held that the six-year statute of repose […]
UMNV 205-207 Newbury, LLC (referred to as “UMNV”) leased its Newbury Street location to Caffe Nero Americas, Inc. (referred to as “Caffé Nero”) for a 15-year term starting June 1, 2017. The lease stipulated that Caffé Nero was to use the leased premises “solely for the operation of a Caffé Nero themed café under Tenant’s […]
We previously highlighted Jon Friedmann’s victory in a complex foreclosure case, which resulted in a six-figure verdict for the firm’s client in a jury-waived trial and an award of attorney’s fees and costs, the sum of which totaled nearly half a million dollars. The plaintiff in the case, a borrower who defaulted on a commercial […]
Jim Rudolph and Bob Shaer of Rudolph Friedmann LLP served as counsel to the sellers of a four-acre commercial Cambridge property to facilitate the $43.9 million real estate transaction that closed on September 30. The property, known as the Cambridge Distribution Center, is located at 67 Smith Place. It was a commercial condominium having 20 […]
A life estate is an interest in real property for the duration of a person’s life, that person is known as the “life tenant.” The life estate ends at death and ownership of the property then passes to a “remainderman.” In the case below, the Massachusetts Appeals Court discusses what happens when the remainderman predeceases […]
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 […]
Bobby Rudolph acted as local counsel to a California real estate developer who brought suit against two Massachusetts companies for breach of commercial leases for properties located in California. After a trial and judgment issuing in California, Bobby brought suit against the tenant and corporate guarantor of the commercial leases in Massachusetts to enforce the […]
A fee-shifting agreement requires the non-prevailing party in a legal matter to pay the legal fees and costs of the prevailing party. We previously highlighted Jon Friedmann’s victory in a complex foreclosure case, which resulted in a six-figure verdict for the firm’s client in a jury-waived trial. After the trial, the judge held a separate […]
