Articles/Publications

Massachusetts Non-Compete Agreements – What Are Your Business Interests?

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 […]...

Read More

Five for Fighting:  Subcontract Provisions Every Subcontractor Must Know to Get Paid

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 […]...

Read More

DOL’s New Interpretation Regarding Classification of Workers: “Most Workers Are Employees.”

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 […]...

Read More

Employee Handbooks: Have you covered the basics?

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 […]...

Read More

Do You Have a Contract You Can Lien On?

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 […]...

Read More

When Should Property Management Companies Contact An Attorney?

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 […]...

Read More

Proposed Changes to The Retainage Law for Massachusetts Private Construction Projects

*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 […]...

Read More

Avoiding Fatal Errors When Submitting Bids on Public Construction Projects

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 […]...

Read More

Transgender Inclusion in the Massachusetts Workplace

Massachusetts has long been a leader in civil rights, and several years ago Massachusetts joined the minority of states that provide explicit protection against discrimination on the basis of gender identity. Massachusetts’ anti-discrimination law was amended to add “gender identity” to the list of protected categories which extend to the workplace, housing, and government agencies. […]...

Read More

Payment Bonds on Federal Construction Projects – Last Date of Work

When did you last work, for the purposes of filing a timely payment bond claim on a federal public construction project?The Miller Act, which governs federal construction project payment bond claims, provides that suit be brought within one-year from the day on “which the last of the labor was performed or material was supplied by […]...

Read More