by George Georgountzos A common provision in condominium documents for new construction projects is language protecting the developer from potential lawsuits for defects in common areas and facilities. This limits individual lawsuits by single or minority disgruntled unit owners, but such protections are not limitless. A recent Supreme Judicial Court (SJC) decision, Cambridge Point Condominium […]
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In the Supreme Judicial Court case of James B. Nutter & Company vs. Estate of Murphy, et. al. (and two consolidated cases) dated January 18, 2018, the SJC had to decide if the language in a reverse mortgage incorporated the statutory power of sale as required by M.G.L c. 183, sec. 21 allowing the lender […]
The landlord in this recent Massachusetts Appeals Court case owns a commercial condominium unit in a mixed-use condominium complex with mostly residential units. The condominium’s parking areas contain a total of 91 parking spaces, some exclusive (i.e., assigned to a particular unit), but most (66 spaces) are non-exclusive common areas (i.e., available to visitors, owners, […]
Rudolph Friedmann partner Jonathon Friedmann was successful in overturning a summary judgment motion and damages in the amount of $865,000 against a client sued for fraud and deceit in regards to a lease he executed with Copley Place Associates (Copley). Jonathon took over representation of the client after the summary judgment award was issued by […]
Rudolph Friedmann partner Jonathon Friedmann recently represented a developer and his wife in a five-day jury trial in Barnstable Superior Court. The complex litigation involved nine counts against the firm’s clients, including fraud, negligent misrepresentation, unfair and deceptive practices, civil conspiracy, breach of fiduciary duty, breach of contract and Chapter 93A violations, which would have […]
Under the Massachusetts condominium statute, the organization of unit owners, i.e., the condominium association, has a lien on each condominium unit for the unpaid common expense assessment levied against each unit from the time the assessment becomes due. This lien has priority over all existing mortgages, except that the priority over first mortgages is limited […]
In a case of first impression, the Housing Court for the City of Boston ruled that neighbors who appealed the issuance of a variance by the Zoning Board of Appeal (ZBA) must post a $20,000 bond or the case will be dismissed.
by James L. Rudolph Owners and general contractors generally want construction site sub-contractors to bear more than their pro rata share of the legal and financial burdens arising from any personal injury or property damage associated with a construction project. This is accomplished through the use of so-called “indemnification” clauses, “hold harmless” provisions, and “additional […]
Usually, the right to make use of another’s land, such as for access, for parking, or for the installation and maintenance of a structure or utility line, is the result of a grant (either express or implied) by the owner to the person seeking such right. In the case of an express grant, the parties […]
