Articles/Publications

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 […]...

Read More

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 […]...

Read More

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. […]...

Read More

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 […]...

Read More

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 […]...

Read More

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 […]...

Read More

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 […]...

Read More

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, […]...

Read More

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 […]...

Read More

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 […]...

Read More