Articles/Publications

Massachusetts Commercial Lease: The Security Deposit and Letter of Credit

When negotiating the security deposit for a commercial lease, the parties often simply focus on the dollar amount required.   While this is important, and can vary wildly depending on several factors, the language of the security deposit provision is often overlooked.  This seemingly standard language, however, is important for both landlords and tenants.  Unlike residential […]...

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Contractors Beware:  OSHA Penalties Set to Increase on August 1, 2016

On August 1, 2016, the Occupational Health and Safety Administration (“OSHA”), will raise the limits of its maximum penalties for the first time in nearly twenty-six years.Current maximum penalties for “serious,” “other than serious” and “posting requirement” penalties will increase from $7,000.00 per violation to $12,471.00 per violation.  Penalties for failure to abate hazards or […]...

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Show Me the Money: Getting Paid on Federal Public Construction Projects

It is imperative that subcontractors and material suppliers seeking payment for completed work on federal-level public construction projects be aware of the paradigm of laws and policies that exist governing such matters. To start, The Miller Act, codified as 40 U.S.C. §§ 3131-3134, exists to provide subcontractors on federal-level public construction projects a means by […]...

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Massachusetts Commercial Lease: The Term and Extensions

Our recent articles addressing commercial lease provisions included discussions about the parties’ relationship, rental provisions and important elements to understand about the “premises.” In this article we address the term of a commercial lease (i.e. the length of the lease), as well as how most landlords and tenants address extensions.Initial Term of the Commercial Lease. […]...

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Massachusetts Attorney General Finds Minority-Owned Business Goals to be Statutorily Mandated

In a recent bid protest decision the Massachusetts Attorney General allowed a protest contesting a bidder’s right to submit Minority Business Enterprise (“MBE”) or Women’s Business Enterprise (“WBE”) qualifications after the bid opening. The opinion deemed MBE and WBE goals to be statutory and therefore not waivable by the awarding authority. The decision also found that […]...

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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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