Articles/Publications

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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Corporate Considerations: The Importance of Formal Dissolution

            As discussed in previous posts, the creation of a formal corporate 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. This compliance with formality can also offer substantial protections in the event the choice is made to close, […]...

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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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