Articles/Publications

Attorney Fees Awards are Mandatory for Prevailing Massachusetts Subcontractors and Suppliers Under MGL c. 149, s. 29

In Aggregate Industries – Northeast Region, Inc. v. Hugo Key & Sons, Inc., 90 Mass.App.Ct. 146 (2016), the Massachusetts Appeals Court ruled in favor of Strang Scott’s position, reversing part of the trial court’s earlier decision. The Massachusetts Supreme Judicial Court (“SJC”) recently declined to further review the case. As such, the Appeals Court’s decision […]...

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New Hampshire Supreme Court Refuses to Extend Statute of Limitations for Municipalities in Public Construction Context

In the matter of City of Rochester v. Marcel Payeur et al., the New Hampshire Supreme Court had occasion to consider whether the common law doctrine of Nullum Tempus Occurit Regi (literally “time does not run against the king”) tolled the the statute of limitations against breach of contract claims against private entities filed by […]...

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Sports Bar Liable for Wrongful Death in Patron’s Fall Down Stairs

The Massachusetts Court of Appeals recently affirmed a lower court ruling that held a sports bar liable for the death of a patron who entered a door marked “Employees Only” and was subsequently killed falling down a flight of stairs, in Bernier, et al. v. Smitty’s Sports Pub, Inc. (MA Appeals Court 14-P-1967). The bar, […]...

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Massachusetts Commercial Lease: Unenforceable Indemnification Provisions

I will concede that discussing indemnification provisions in commercial leases is not the most riveting topic. However, this is a critical issue for landlords and tenants alike. Nearly every commercial lease I have reviewed, from small transactions (e.g. a boutique Boston restaurant) to larger, complex transactions (e.g. a state-of-the-art laboratory facility in Cambridge), has a provision […]...

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Strang Scott Prevails on Summary Judgment in Case Involving Falsified Payroll Reports on Federal Construction Project

     In the case of United States for the Use and Benefit of Metric Electric, Inc. v. CCB, Inc. and the Hanover Insurance Company, Civil Action No. 15-11934, in the United States District Court in Massachusetts, the court ruled in favor of Strang Scott’s motion for summary judgment, dismissing all of the plaintiff’s claims.  […]...

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Massachusetts Commercial Lease: Additions and Alterations to a Leased Premises 

Tenants will often want to make alterations to the premises they have leased to fit their specific business needs. Before entering into a lease, the landlord and tenant must determine what kind of consent is needed for different types of alterations, how alterations or additions will be paid for and completed, and who retains the […]...

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Due Diligence in Business Transactions

Business revolves around transactions. Most transactions occur in the ordinary course of business, such as selling products and services to clients. Some transactions are less common, but may fundamentally alter the business itself:  mergers and acquisitions. A merger is a combination of two or more companies, while an acquisition involves one company buying the stock […]...

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“Culture of Profanity” or a Hostile Work Environment? Massachusetts Court Issues Ruling on Permissible Use of Expletives in the Workplace

Hostile work environments exist when an employer’s statements, actions, and behavior make it impossible for an employee to perform their job. Massachusetts law protects employees against discrimination and hostile work environments by prohibiting an employer, or its agents, from refusing to hire an individual, discharging an employee, or discriminating on the basis of a protected […]...

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Federal Judge Allows Tort Claims Over Rescinded Job Offer to Proceed

A federal court judge has allowed a plaintiff to proceed with claims against a Massachusetts company that rescinded a job offer shortly after the plaintiff left his prior job. The defendant, Loomis, Sayles & Co., is an international investment firm that had intended to launch a new hedge fund. Over a course of six months, […]...

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Massachusetts Enacts Equal Pay Law

On August 1, 2016, Massachusetts governor Charlie Baker signed the equal pay law, a law that has been working through the legislature since 1998. The law takes effect on July 1, 2018.  The law bars discrimination on the basis of gender in the payment of wages, including benefits and other compensation, for “comparable work.”  The statute […]...

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