Articles/Publications

Massachusetts Pregnant Workers Fairness Act Takes Effect

As of April 1, 2018, all Massachusetts employers with six (6) or more employees are subject to the state’s new Pregnant Workers Fairness Act (the “Act”). In light of the pre-existing federal law in this area, what is most notable about the Act is that it requires covered employers to provide: • non-exempt and exempt […]...

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UPDATE: Airbnb Hosts Beware: Boston Proposes Regulations on Short Term Rentals

Airbnb Hosts Beware, as the Massachusetts Legislature is now considering a bill to tax Airbnb and the short term rental industry. Recently, the Massachusetts House of Representatives passed a bill (H 4327) that places a tax on short-term rental units as well as establishes a state registry of short-term rentals. The short-term rental tax established by […]...

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Christopher Strang’s Article Published on the Cover of Under Construction

Strang Scott partner, Chris Strang, co-authored and article with Brendan Carter from the Associated General Contractors of Massachusetts that was published recently on the cover of the American Bar Association’s “Under Construction” quarterly newsletter.  The article details a case where Strang Scott prevailed against the Commonwealth of Massachusetts, successfully arguing that the awarding authority has a […]...

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Commercial Leasing Series: Decoding SNDAs

Subordination Non Disturbance and Attornment Agreements (SNDAs) often seem like afterthoughts in commercial leasing as they govern the potential future relationship between a tenant and the landlord’s lender rather than the current relationship between the tenant and landlord. SNDA’s, however, should not be overlooked, as they are crucial to protecting a tenant’s interests in the […]...

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Forfeiture Rule in Construction Disputes Under Review by the Massachusetts Supreme Judicial Court

Since the early 1900’s, Massachusetts courts have held that a contractor cannot recover on the contract itself without showing complete and strict performance of all terms or, in the event the contract cannot be completed fully, that the contractor substantially performed and attempted, in good faith, to perform fully. Under this rule, if the court […]...

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Promise to Pay Doesn’t Change Mechanic’s Lien Deadline

In a recent decision, D5 Iron Works, Inc. v. Danvers Fish & Game Club, Inc., & Others, the Appeals Court of Massachusetts ruled that an owner’s promise to make payment to the subcontractor did not excuse the subcontractor’s failure to timely file suit. In the case, the general contractor was delinquent in paying the subcontractor. […]...

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The White House Proposes $1.5 Trillion Infrastructure Development Program

The White House recently released its “Legislative Outline for Rebuilding Infrastructure in America.”  In the preamble to the outline, The White House requested that Congress act to implement the infrastructure program in short order through new legislation.  In broad strokes, the outline calls for new spending to stimulate $1.5 trillion dollars in infrastructure investments, from […]...

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Airbnb Hosts Beware: City of Boston Proposes Regulations on Short Term Rental Industry

Boston Mayor, Marty Walsh, recently proposed a citywide ordinance that will, if adopted by City Council, subject short-term rentals – such as those advertised through the popular home-sharing website, Airbnb – to regulations and reporting requirements. The proposed ordinance requires that all short-term-rentals register with the city and pay an annual fee based on a […]...

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Understanding the Limitations of Chapter 93A: Pre-Litigation Attorneys’ Fees Not Recoverable

The Regulation of Business Practices for Consumer Protection Act, commonly referred to by its statutory chapter number, “Chapter 93A,” is a frequently utilized statute that provides individual consumers and businesses with a right to bring legal action and recover damages if they are harmed by an unfair business practice.  Under the statute, “unfair or deceptive […]...

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Massachusetts Awarding Authorities Must Allow Sub-bidders to Respond to Negative Reviews

The Massachusetts Attorney General’s Bid Protest Unit (“AG”) recently decided that when an awarding authority seeks references not listed by the sub-bidder, it must give the sub-bidder the opportunity to respond when such reviews are negative. In the case, the Barre Housing Authority (“BHA”) sought public bids for a panel replacement project. BHA checked the […]...

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