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 […]...
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 […]...
Non-competition agreements (often referred to as “non-competes”) continue to generate much discussion in the business world, particularly in Massachusetts. Non-competition agreements are usually found in two contexts: between an employer and employee, and in a sale of a business. Most of the press surrounds the employer/employee context, as that is the far more common non-compete […]...
While there are any number of subcontract provisions that subcontractors must be aware of in order to negotiate subcontracts favorably, the following five provisions are critical to insuring that your business gets paid for the work it performs.Lien ProvisionsDid you know that it’s perfectly legal to relinquish your statutory right to a mechanic’s lien in […]...
Many Massachusetts employers are subject to two different legal schemes regarding the proper classification of employees: Massachusetts state law, and federal law. It is important for employers to be familiar with both schemes in order to avoid a state or federal misclassification investigation. The Department of Labor Wage and Hour Division (“DOL”) recently issued an […]...
Many companies use an employee handbook or manual, which can be a useful management tool when properly utilized. An effective handbook sets forth company policies in plain English and covers every important company policy. Clarity is vital when implementing any kind of policy, and employees will benefit from understanding both what the company offers and […]...
To file a mechanic’s lien in Massachusetts, a contractor must have a written contract with the property owner (or owner’s authorized agent). Subcontractors and material suppliers must show that written contracts exist for their labor and materials as well. Although this may seem like a rather simple requirement, in some instances whether a written contract […]...
For most property management companies, picking up the phone to contact a lawyer is usually done with a sigh. If you are reaching out to an attorney, that often means that something has gone wrong and you need help in a difficult situation. So when should property management companies contact an attorney? The below topics are those […]...
*with contributions from Christopher D. StrangIn November 2014, the Massachusetts Legislature passed Mass. Gen. Law c. 149, § 29F, entitled “Payment of Retainage in Private Construction Projects” (“The Retainage Law”). The Retainage Law reduced the amount of retainage that can be withheld on many large private construction projects. It also provides deadlines for paying retainage […]...
Those who perform public work in Massachusetts know the phrase “lowest, responsible and eligible” bidder well, as it applies to the standard for awarding subcontracts on public construction projects subject to the bid statutes. However, as many subcontractors have experienced, some of the bid requirements to be considered an “eligible” bidder are in fact waivable […]...