Articles/Publications

Purchasing At Foreclosure? Foreclosed owners may remain in possession longer under new Housing Court ruling

By Jennifer Lynn, Esq.,     The required timeline for notice of eviction to holdover former homeowners was recently altered by the Southeastern Division of the Massachusetts Housing Court in Lenders Comm. Finance LLC v. Pestilli, et al., docket no. 16H83SP03779BR.  After obtaining title, Lenders Commercial Finance brought a summary process action against the former-mortgagor who […]...

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Show Me the Money: When Payment is Due on Massachusetts Public Construction Projects

By Andrea Jacobs, Esq.,             Traditionally, general contractors on Massachusetts state-level public construction projects employed one of two types of risk allocation provisions in payment clauses in their subcontracts with subcontractors:  a “pay-if-paid” or a “paid-when-paid” clause.  This changed, however, due to a 2004 Massachusetts court decision that largely did away with condition precedent payment […]...

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Court Awards Damages Despite “No Damage for Delay” Clause

 The Massachusetts Appeals Court recently upheld a trial court’s award of damages to a subcontractor in spite of a “no damages for delay clause” in the subcontract.On a public construction project, the subcontractor entered into a subcontract that contained a clause making extensions of time the exclusive remedy for delays to the subcontractor. The project […]...

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Show Me the Money: Getting Paid on Private Massachusetts Construction Projects

By Andrea Jacobs, Esq.,As a general rule, parties to private contracts are afforded wide latitude to dictate and negotiate the terms as they see fit. While this notion of “freedom of contract” is an entrenched tradition within American law it is not without its limitations.  The Prompt Pay Act, enacted in 2010, is one such […]...

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Understanding the Limitations of Chapter 93A – Pursuing Litigation Is Not Unfair or Deceptive

Companies operating or conducting business in Massachusetts are aware of an all-too-familiar statute, Massachusetts General Laws Chapter 93A. This statute provides individual consumers and businesses a right to bring legal action if they are harmed by an unfair business practice. The statute eloquently, although perhaps ambiguously, states that a violation shall exist when a company […]...

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Massachusetts Commercial Lease: Acceleration Clause

By Cole M. YoungUnlike Massachusetts residential leases, under which a landlord is required by law to mitigate its damages, commercial lease provisions are more flexible and often contain a so-called “acceleration clause.”  An acceleration clause, in its most basic form, addresses whether a landlord may accelerate rent (i.e. demand all of the rent that is […]...

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Massachusetts Court Holds That Strict Condominium Bylaws Preclude Lawsuit Against Trustees

By Andrea Jacobs, Esq.  Massachusetts Court of Appeals recently affirmed the legal validity of a condo’s bylaws requiring the consent of eighty percent (80%) of unit owners as a prerequisite for owner standing in lawsuits against the trustees of the condominium’s board. The bylaw in question made it functionally impossible for unit owners to sue […]...

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Keeping up Formalities: Protecting Assets Across Commonly Owned Companies

By Andrea Jacobs, Esq. A recent Massachusetts Bankruptcy Court decision should serve as a clear reminder to business owners that, in order to enjoy the benefits that limited liability entities afford, one must respect established corporate formalities and comport business accordingly. Briefly, in In Re: Cameron Construction & Roofing Co., Inc. the  Bankruptcy Court held that […]...

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Proposed Legislation to Restrict Reasons for Evicting Tenants in Boston

By Attorney Jennifer Lynn.  Mayor Walsh’s administration recently proposed a new bill aimed at limiting the available reasons to evict a residential tenant. The proposal, known as the “Jim Brooks Community Stabilization Act,” would eliminate no-fault evictions in many instances, a common practice used to remove tenants without listing a violation. Proponents of the act […]...

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Negotiate Your Lien Waiver Terms with Your Contract

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