Category Archives: News

OSHA Injury Tracking Application Enforcement Delayed to December 15, 2017

By on December 8, 2017

The Occupational Safety and Health Administration (OSHA) recently extended, for the second time, the enforcement deadline for compliance with electronic reporting of injury and illness data through its Injury Tracking Application (ITA) until December 15, 2017.

The new rule took effect January 1, 2017, and required certain employers to submit injury and illness information electronically through the new tracking application.  The information required to be submitted to OSHA remains largely unchanged from the information already required to be kept under current regulations.  In other words, the primary difference is that it must be submitted through the ITA rather than through traditional methods.

In late November, the deadline was pushed back again to December 15, 2017.  Despite the second delay in enforcement it appears that the rule will eventually begin enforcement, even amid speculation that the rule might be scuttled entirely.  For the time being, construction employers should be prepared to submit their 300A and related forms electronically for years 2016 and forward electronically by December 15, 2017 to insure compliance with the new rule and avoid exposure to citations.

Contractors Beware: OSHA Begins Enforcement of New Respirable Crystalline Silica Standard

By on October 30, 2017

On October 19, 2017, OSHA released interim enforcement guidance for its Respirable Crystalline Silica in Construction Standard. This standard began full enforcement on October 23, 2017.

The Interim Enforcement Guidance issued refers to the standard promulgated on September 23, 2017.  Initially, rather than issue citations for violations of the standard, OSHA’s compliance officers were instructed to assist employers making good faith efforts to comply with the new standard for the first 30 days of its enforcement.  With the new Guidance issued on October 19, full enforcement of the new standard was rolled out on October 23.  Accordingly, employers in the construction industry, and particularly those where substantial silica exposures may be encountered, should be cognizant that full enforcement of the standard will now be enforced by compliance officers.    

The Respirable Crystalline Silica in Construction Standard established a new exposure limit for respirable crystalline silica at 50 micrograms per cubic meter of air as a weighted average during a worker’s an eight hour shift.  This new permissible exposure limit is five times lower than the prior limit for respirable crystalline silica. 

Because prolonged and intense exposure to crystalline silica is known to cause cancer, and crystalline silica is byproduct of many construction activities and materials, such as concrete, rock, mortar and sand, OSHA’s Respirable Crystalline Silica in Construction Standard is intended to limit such exposures.  Many safety measures can be installed and protective equipment can and should be used to avoid intense or prolonged exposures to crystalline silica. Contractors frequently involved in operations where such exposure is likely should be careful to provide all necessary safety measures, safety equipment and personal protective equipment necessary to comply with the new standard.

If you have questions regarding OSHA’s new guidance, your compliance with other OSHA safety standards, or in connection with your rights after a citation has been issued, you are well-advised to consult with counsel familiar with OSHA matters.

Chris Strang Reelected Treasurer of the Boston Bar Foundation

By on October 18, 2017

The Boston Bar Foundation (BBF) Board of Trustees elected Strang Scott partner Chris Strang to the office of Treasurer for a second term.   Chris’ service to the BBF as Treasurer continues his long-term committment to the organization, where Chris has served in many capacities, including as a member of the Executive Committee, the Board of Trustees, the Society of Fellows, the Young Lawyers Advisory Council and many ad hoc, fundraising or event planning committees.

The BBF is the charitable arm of the Boston Bar Association. It raises money to provide grants for many community organizations that further the mission of the BBF. These include providing legal services and access to justice to those in need, as well as a variety of public service activities.  To learn more, please visit the BBF: https://bostonbarfoundation.org/

Strang Scott Enjoys “A Taste of The Fenway”

By on September 30, 2017

The Strang Scott team was out in force last week to support our friends and neighbors at “A Taste of The Fenway.”

The fun festival featured our best community chefs, restaurants and other local businesses with delicious food and drink samples, as well as live music and games. The Fenway Community Development Corporation partnered with Samuels & Associates to organize the event.

We all enjoyed meeting our community leaders, area residents and local business owners, as well as catching up with several old friends and colleagues. The turnout was outstanding and everyone left a bit heavier than when they arrived.

Special thanks to Basho Japanese Brasserie, Beerworks Brewing Company, The Fenway Craft Beer Cellar, Blackjack Pasta Bar, Blaze Pizza, By Chloe, Cask ‘n Flagon, Cheeky Monkey Brewing Company, El Pelon Taqueria, Fiouna’s Persian Fusion Cuisine, Hojoko Japanese Tavern, Honeygrow, Lookout Farm, Loretta’s Last Call, Neighborhoods Café, Pavement Coffeehouse, Saloniki Greek, Sweet Cheeks, Tapestry, Target, The Lansdowne Pub, Tiger Mama, Wahlburgers, and Yard House  for the amazing food and drinks.

We encourage everyone to join us next year!

Jury Awards $1,000,000 For Business Defamation Claim

By on August 3, 2017

     In a recent decision in Dallas, Texas District Court, a jury awarded $1,000,000 in damages to a wedding photographer due to defamatory statements published in the media, and in particular on internet sites and social media. 

     Every business owner fears the damage that negative comments made online can do to their reputation. With the advent of social media and ratings websites, any post can take on a life of its own, making its way around the world. In many cases there’s not much a business owner can do to combat negative opinions. However, when the posts are actually false and defamatory there may be recourse.

     In this instance, an unhappy bride and groom went public with their dispute over a $125 fee with their wedding photographer. Instead of sticking to the facts, a jury found they went far beyond that. The jury’s opinion was that many of the statements, including that the photographer stole money and did this to many other customers, were malicious and defamatory. The photographer put on evidence of severe decline in revenue immediately following the statements. The jury compensated her $1,000,000 as a result.

      While the case remains subject to appeal, it gives hope to business owners that enraged customers might think twice before getting carried away with online retribution.  If false and defamatory statements are posted about your business online, you should consult with an attorney that practices online business defamation law to consider your options.

Strang Scott Welcomes Summer Associate Nicole Rushovich

By on May 24, 2017

RushovichNicole Rushovich, a rising third year student at Boston University Law School, will spend the summer working as a summer associate in Strang Scott’s Boston office. Nicole obtained her B.A. at the University of Colorado at Boulder, earning summa cum laude honors with a dual degree in Psychology and Political Science. While there she was a member of the Delta Epsilon Iota academic honor society, and wrote a thesis on negative political advertisements and effects on system-based beliefs. She also enjoyed honing her French during a semester in Paris at the Institut D’Etudes Politiques. After college she spent some time working as a legal assistant and paralegal in Colorado law firms.

Since starting at Boston University School of Law, Nicole has excelled both academically and in extracurricular activities. She participated in the ABA Negotiation Competition, advancing to be a school representative in the regional rounds. She excelled in the Stone Moot Court competition, advancing to the honors Albers Moot Court competition. She spent last summer as a legal intern at The Wilderness Society. During the past year she served as a student attorney at The Environmental Law Practicum, working on environmental justice litigation, as well as working as a legal intern for the Solicitor’s Office at the Department of the Interior.

In her very limited spare time Nicole enjoys hiking and Corepower yoga. She is excited to join Strang Scott for the summer  to learn the practice of business litigation and commercial real estate law.

Court Awards Damages Despite “No Damage for Delay” Clause

By on March 29, 2017

The Massachusetts Appeals Court recently upheld a trial court’s award of damages to a subcontractor in spite of a “no damages for delay clause” in the subcontract.

On a public construction project, the subcontractor entered into a subcontract that contained a clause making extensions of time the exclusive remedy for delays to the subcontractor. The project coordination did not go according to the original schedule, and the subcontractor was not able to start on various phases at the expected times. Despite this, the general contractor did not grant the subcontractor any time extensions. Instead, it insisted that the subcontractor increase the onsite labor, along with other accommodations.

The subcontractor filed suit, seeking payment for additional labor costs incurred due to the site not being ready for that trade’s work and related inefficiencies. The court awarded such damages, finding the failure to grant warranted time extensions to be a “deprivation of remedy.” In other words, the general contractor could not use the defense of the “no damage for delay” clause if it itself did not abide by the terms of the clause.

You can read the full decision here:  Central Ceilings, Inc. v. Suffolk Construction Company, Inc. *This decision may still be subject to further appeal.

Keeping up Formalities: Protecting Assets Across Commonly Owned Companies

By on February 2, 2017

A recent Massachusetts Bankruptcy Court decision should serve as a clear reminder to business owners that, in order to enjoy the benefits that limited liability entities afford, one must respect established corporate formalities and comport business accordingly. Briefly, in In Re: Cameron Construction & Roofing Co., Inc. the  Bankruptcy Court held that the assets of a Massachusetts limited liability company, closely related to a Massachusetts construction business subject to Chapter 7 bankruptcy proceedings, could be reached to satisfy the claims of the creditors of the construction business. 

The two separate entities shared a common owner yet were formed as distinct enterprises. In this case, however, the Court determined that the owner controlled both the non-debtor LLC and debtor construction business and had allowed for the intermingling of assets. Further, the Court noted that the common owner “was thinly capitalized, and the two entities observed only minimal corporate formalities by filing separate tax returns and Annual Reports.” Thus, the Court held that ‘substantive consolidation’ was the appropriate remedy- effectively disregarding the sovereignty of the separate entities and combining their assets as a means to satisfy the liabilities of one.  Had the owner resected the separate corporate forms of his commonly owned entities in his everyday operations he likely would have been in a better position to shield assets held by the  non-debtor LLC from creditor access.

Strang Scott Welcomes Claudia Campbell to the Firm

By on December 5, 2016

ccStrang, Scott, Giroux & Young, LLP, with offices in Massachusetts and New Hampshire, welcomes Claudia Campbell to the Firm as its new Office Manager.  Ms. Campbell brings a wealth of experience in the management of a law practice, knowledge and enthusiasm with her to the Firm.  The Firm looks forward to utilizing Ms. Campbell’s vast experience and knowledge to the benefit of its clients and practice.  Welcome aboard, Claudia!