Articles/Publications

New Hampshire Supreme Court Upholds Statute of Repose Against Constitutional Challenge, Barring Claims Against Subcontractor and Design Professional

On February 20, 2015, the New Hampshire Supreme Court issued an opinion in the case of Jillian Lennartz v. Oak Point Associates, P.A., & a. In Lennartz, the plaintiff sought to recover for a personal injury suffered in 2009 which was alleged to have resulted from the faulty design or installation of a vent pipe […]...

Read More

E-mail Acceptance Can Constitute Contract for Massachusetts Mechanic’s Liens

The Massachusetts Superior Court recently held that electronic communications and signatures — no less than physically signed documents — can constitute a “written contract” for general contractors, subcontractors and construction material suppliers, within the meaning of the Massachusetts mechanic’s lien statute, G. L. c. 254. In Clean Properties, Inc. v. Riselli (“Clean Properties”), the parties […]...

Read More

Enforceability of Massachusetts’ New Earned Sick Time Act

By Michael T. Mullaly On November 4, 2014, Massachusetts voters approved the Earned Sick Time Act (“Act”). The Act is codified at G. L. c. 149, § 148C and becomes effective on July 1, 2015. The application of the Act to unionized employees, however, raises complex legal issues and is already the subject of active […]...

Read More

Independent Contractors and Employees in Massachusetts

It is increasingly common for employers to use “independent contractors” in addition to, and sometimes instead of, employees. Independent contractors tend to cost less for the employer, as the employer is not required to cover payroll taxes, unemployment insurance, benefits (including health insurance, a benefit that many employers are now required to provide), and other […]...

Read More

Understanding and Sealing Criminal Offense Record Information (CORI)

Massachusetts circulates criminal record information through a report known as a “CORI” (Criminal Offense Record Information). This report lists all criminal charges filed against an individual. A CORI will include all offenses, whether they ultimately result in a conviction or non-conviction, and are accessible by potential employers, landlords, and the public, to varying degrees, until […]...

Read More

Application Fees, Move-in Fees and Pet Fees – Landlords Beware

It is common practice in the property management business for landlords to charge certain move-in fees, such as an application fee or pet fee, prior to a tenant moving in. This practice, however, is illegal in Massachusetts.Late last year, in Perry v. Equity Residential Management, LLC, the United States District Court for the District of […]...

Read More

What Every Massachusetts Subcontractor Must Know to Limit Risk and Get Paid for Work in New Hampshire

Massachusetts subcontractors securing work in New Hampshire will encounter an unfamiliar legal landscape containing more than one trap for the unwary. In order to strike a fair deal and to put your business in the best position to get paid for your work, every subcontractor should be aware of certain basic differences in laws of […]...

Read More

Massachusetts Wage Act

Every employer and employee in Massachusetts should be aware of the “Wage Act”, also known as the Weekly Wage Law (c. 149, sec. 148 et seq.).  This law governs wages paid to employees, and is part of a series of robust employment laws aimed at protecting employees.  This post is the first in a series […]...

Read More

To Lien or Not to Lien

Mechanic’s Liens and the Plight of the MA Subcontractor The Fundamentals In laymen’s terms, a mechanic’s lien is a tool whereby a subcontractor can attach a security interest on property that it has contracted to do work on. This lien operates to protect the subcontractor’s interest in payment for work provided in the event that […]...

Read More

Evicting a Tenant in Boston

We often hear from clients that because Boston is so tenant-friendly, it is nearly impossible to evict a bad tenant. While the Massachusetts landlord/tenant laws are certainly protective of tenants, a savvy landlord can remove a delinquent tenant in nearly the same time as other states. The key to any speedy eviction is making sure […]...

Read More