Articles/Publications

Considerations for the Effective Use of Email in Connection with Construction Projects

Email is an indispensable tool for contractors that can streamline communication regarding the many facets of a construction project that aren’t strictly found in a project’s plans and specifications, or in the relevant contract documents.  When used well, email can be invaluable to document the course of a project.  When it’s disregarded or treated haphazardly, […]...

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Defend Trade Secrets Act – Employment Implications

President Obama recently signed the Defend Trade Secrets Act (“DTSA”), which provides a federal private right of action for the misappropriation of trade secrets. Previously, trade secret claims were handled only at the state level. The DTSA does not preempt state law, but instead provides another avenue for recovery. Trade secret owners may pursue federal […]...

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Federal Subcontractors – Understanding the Basics of Your Rights Under the Miller Act.

By Jennifer Lynn     Subcontractors commonly inquire as to what they can do to ensure they receive payment on a project. For federally-owned construction projects, subcontractors can look to the Miller Act as a source of security. The Miller Act, codified as 40 U.S.C. §§ 3131-3134, requires general contractors on federal projects to provide performance […]...

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An Overview of Massachusetts Non-Solicitation Agreements

Non-competition agreements (“non-competes”) often contain clauses referred to as “non-solicitations.” These provisions are sometimes viewed as synonymous to a non-competition clause but there are important distinctions between the two. Massachusetts courts use a similar analysis on the two types of provisions, non-solicitation provisions serve a different function. The usual purpose of a non-solicitation is to […]...

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SJC Rules In Favor of Condominium Associations’ Rights to Collect Fees

Given the growing popularity of the condominium market in Massachusetts and an awareness of not wanting to repeat the mistakes of the past, the Massachusetts Supreme Judicial Court (SJC) recently issued a ruling giving condominium associations the power to more easily collect withheld and overdue monthly condominium fees. Specifically, in Drummer Boy Homes Association, Inc. […]...

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Massachusetts Commercial Leasing: The Premises

We recently posted articles about rental provisions and the interplay of the parties in a commercial lease setting.  This week, we address common issues involving the description and usage of a commercial space. Commonly overlooked, but critically important to both tenants and landlords, are commercial lease provisions pertaining to the description of the premises, the condition […]...

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Contractors: Do You Know Your Rights Under the New Hampshire Residential Construction Defect Dispute Resolution Statute?

New Hampshire has enacted a dispute resolution statute for residential construction defect claims made by homeowners that, among other things, provides contractors notice and opportunity to resolve alleged construction defects prior to a disgruntled owner instituting litigation against them.  Despite its obvious benefits to residential contractors, many contractors fail to preserve the right to rely […]...

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Copying Employer Data Ruled Not a Material Breach of Employment Contract

A recent Massachusetts Supreme Judicial Court case, EventMonitor, Inc. v. Anthony Leness, narrowly interpreted a common employment contract provision. Leness was an executive at EventMonitor. The parties signed an employment agreement, which provided the manner in which EventMonitor could terminate Leness’s employment. The agreement provided a  for-cause termination provision, permitting termination if Leness engaged in fraud […]...

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Sub-Subcontractor’s Ambiguous E-mail Insufficient to Satisfy Statutory Notice Requirements for Claim on General Contractor’s Payment Bond

In an opinion issued this week in N-Tek Construction Services, Inc. v. Hartford Fire Insurance Company, the Massachusetts Appeals Court ruled that a sub-subcontractor’s e-mail to a general contractor on a public construction project failed to clearly present a claim that would satisfy the notice requirements of M.G.L. c. 149, s. 29.The unpaid sub-subcontractor on […]...

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Summary Judgment Considerations in Discrimination Cases

Massachusetts law prohibits employment discrimination based on race, among other things. It is often difficult for plaintiffs to produce direct evidence of discrimination (i.e., the “smoking gun”), so Massachusetts law allows plaintiffs to prove discriminatory intent by producing evidence showing an employer’s adverse employment decision was merely a pretext. In a very recent opinion, Bulwer […]...

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