Articles/Publications

How to Know if Proprietary Bidding is Proper: A Public Construction Conundrum

Public construction projects are as necessary as they are numerous, which is to say very. Given that taxpayer money is at stake on these projects the state has an interest in regulating them from inception to completion to ensure that funds are spent efficiently. One specific statutory protection that Massachusetts provides at the inception of […]...

Read More

Non-Competition Agreements for Business Transactions

We have previously discussed non-competition agreements in the employer/employee context, but non-compete agreements arise in other scenarios. One of the most common events that leads to a non-compete is the sale of a business. The basics are the same as for employers and employees:  the non-compete must be reasonable in duration and geographic scope, and […]...

Read More

Subcontractor’s Indemnification with General Contractor: Is it Void?

In most construction projects, general contractors require subcontractors to indemnify the general contractor for the subcontractor’s negligent actions.  Meaning, if the subcontractor’s negligence causes injury to a third-party and that third-party sues the general contractor, the subcontractor agrees to defend the general contractor.  Often times, general contractors will attempt to go a step further and […]...

Read More

Why Revocable Trusts Aren’t Just for the Wealthy

Trusts have long been considered the domain of the wealthy.  After all, most everyone has heard the term “trust fund baby” used to describe a child from an affluent background.  While trust planning remains popular with the affluent, more and more ordinary people are recognizing the benefits of the use of revocable trust planning to […]...

Read More

Massachusetts Attorney General’s Bid Protest Decisions Finds No Violation of Public Construction Bidding Laws Where Low Bidder Included Minor Deviation on Bid Form

In a recent decision, In re: Town of Danvers; Thorpe School Library Project (October 8, 2015), the Massachusetts Attorney General’s Bid Unit rejected a protest from the second low sub-bidder, on the grounds that the low bidder’s notation on the bid form was a clerical error that gave it no unfair advantage.The town’s bid form […]...

Read More

Obtaining Security and Forcing Collection on a Judgment

In civil cases when the parties do not settle, the “end” of a case is commonly thought to be when the court enters a judgment. However, entry of judgment is only a step toward obtaining payment of the awarded damages. In collecting, a judgment creditor* may consider several methods available to secure interests and force […]...

Read More

Loyalty Duties for Corporate Executives

In certain circumstances, an effective non-competition agreement can help protect company assets and interests. However, the law recognizes some protections that exist even outside of a signed agreement. A recent Massachusetts appellate court case, AGERO, INC. v. RUBIN, addressed some of these protections. Agero involved a company suing two former employees who were alleged to have […]...

Read More

Construction Manager At-Risk Can Seek Indemnification For Design Errors

Earlier this month, the Massachusetts Supreme Judicial Court (“SJC”) held that a construction manager at-risk can seek indemnification for design errors.  The recent decision, Coghlin Electrical Contractors, Inc. v. Gilbane Building Company (SJC-11778), involved the construction of a facility for the Massachusetts Division of Capital Asset Management and Maintenance (“DCAM”).  DCAM, as the owner, contracted […]...

Read More

Bidding in the Wrong Place at the Right Time

The Massachusetts Attorney General Bid Unit recently held that an awarding authority should not re-bid a project where the original bid documents were confusing as to the address for submitting bids.The Town of Weston solicited bids for an exterior duct work construction project. The Invitation to Bid listed one address, and the Instructions to Bidders […]...

Read More

Perfecting Payment Bond Rights: Providing Adequate Notice Under Section 29

The Massachusetts Payment Bond Statute, Mass. Gen. Laws c. 149, § 29 (“Section 29”), provides subcontractors and material suppliers on public construction projects with the added security of filing claims against the general contractor’s surety when seeking damages. However, subcontractors and material suppliers must follow the strict requirements of Section 29 in order to recover […]...

Read More