Articles/Publications

OSHA Injury Tracking Application Enforcement Delayed to December 15, 2017

The Occupational Safety and Health Administration (OSHA) recently extended, for the second time, the enforcement deadline for compliance with electronic reporting of injury and illness data through its Injury Tracking Application (ITA) until December 15, 2017. The new rule took effect January 1, 2017, and required certain employers to submit injury and illness information electronically through […]...

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Know Your Rights – Limitations on Retainage for Private Construction Projects

The Massachusetts Retainage Act limits the amount of retainage allowed for private construction projects, and imposes mandatory processes for reaching the date of substantial completion, submitting punchlists and completing punchlist items, and submitting applications for payment and obtaining payment of retainage. The Act applies to all construction contracts signed after November 4, 2014, for privately owned […]...

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Corporate Considerations: Duties of LLC Members

            One of the first considerations to make when starting a business is whether to create a formal corporate entity.  The creation of a formal entity and compliance with state prescribed formalities can offer business owners and members substantial protections from individual liability for business debts when acting by and through an entity.  One particularly […]...

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Contractors Beware: OSHA Begins Enforcement of New Respirable Crystalline Silica Standard

On October 19, 2017, OSHA released interim enforcement guidance for its Respirable Crystalline Silica in Construction Standard. This standard began full enforcement on October 23, 2017. The Interim Enforcement Guidance issued refers to the standard promulgated on September 23, 2017.  Initially, rather than issue citations for violations of the standard, OSHA’s compliance officers were instructed to assist […]...

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Landlord’s Security Deposit Violation Does Not Warrant Triple Damages

The Massachusetts Supreme Judicial Court (“SJC”) recently addressed the scope and interpretation of the Massachusetts Security Deposit Act, MGL c. 186, § 15B, in Phillips v. Equity Residential Management, LLC.  Strang Scott previously discussed the implications of landlords’ failure to comply with MGL c. 186 (“the Act”).   The dispute centered around four different provisions of […]...

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Home Improvement Contractor Denied Damages for “Reasonable Value” of Completed Work

Damages for work performed under a construction contract may be awarded under a variety of legal theories. One such theory is the principle of quantum meruit, which, when established, allows for an award of the reasonable value of goods or services as compensation for the value of “enrichment” those goods or services provide. Generally, one […]...

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Online Business Defamation and Public Forum Websites — Part II

            Part I of this series on Online Business Defamation and Public Forum Websites briefly touched on Section 230 of the Communications Decency Act (“Section 230”), a federal law that limits whom businesses can hold legally responsible for defamatory postings.   As previously discussed, Courts have consistently interpreted Section 230 as providing close to blanket immunity […]...

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Do More:  Prevent Your Neighbor from Taking Your Land Through Adverse Possession

            Does your neighbor’s fence fall on your side of the property line?  Did that garage get built on your land?  If your neighbor encroaches on your land, you may be subject to losing that portion of your property by adverse possession.             Adverse possession is a common law doctrine through which ownership to property can […]...

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Foreclosures, Commercial Leases and the “First in Time, First in Right Rule”

Imagine that your company rents space in a commercial building and just found out that your landlord stopped paying the mortgage.  The building is in foreclosure, your lease isn’t ending soon, and it doesn’t address a foreclosure.  What happens to your commercial lease if the building is sold in a foreclosure auction?When a commercial property […]...

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Recent Ruling Emphasizes the “Sacred” Procedure of a Jury Demand

     Parties to a summary process (eviction) proceeding in Massachusetts are afforded the right to a trial by jury. Article 15 of the Constitution for the Commonwealth of Massachusetts declares that “parties have a right to a trial by jury; and this method of procedure shall be held sacred,” which applies to court rules […]...

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