(857) 233-5534

Category Archives: News

Chris Strang Appointed to Lawyers for Affordable Justice Advisory Board

By on June 21, 2016

Partner Chris Strang recently accepted an appointment to serve on the Advisory Board for Lawyers for Affordable Justice (LAJ).  Founded in January, 2016, LAJ is a collection of independent lawyers joining forces to provide legal services to low and moderate income clients at rates they can afford.

The LAJ attorneys are able to provide services at reduced rates by sharing overhead and expenses in a new incubator facility located in Kenmore Square.  The program was designed as a collaborative effort by Boston University School of Law, Boston College Law School, and Northeastern University School of Law.  It was made possible in part by a grant from the American Bar Association.

Entrepreneurial-minded recent graduates from each of these three law schools will serve as LAJ attorneys for two-year periods.  Several experienced attorneys and law professors provide mentoring and training.  The Advisory Board will monitor the program’s progress and make periodic recommendations.

Despite being only a few months old, LAJ is already making headlines in the local press. 

 

Strang Scott Selected to Join Construction Lawyers Alliance

By on June 15, 2016

 

Strang, Scott, Giroux & Young, LLP, was recently selected to join the Construction Lawyers Alliance, a group devoted to providing a comprehensive collection of construction law resources prepared by a select group of construction lawyers nationally.  Strang Scott is proud to join the Alliance and will continue to offer timely advice and updates on construction trends, laws and matters of interest to the construction industry.  Strang Scott looks forward to participating in the national dialogue regarding matters of interest to the construction industry along with its colleagues in the Construction Lawyers Alliance.

 

 

Proposed Noncompete Legislation Could Reshape Employment Relationships in Massachusetts

By on March 3, 2016
At a Greater Boston Chamber of Commerce breakfast this week, Massachusetts House Speaker DeLeo proposed compromise legislation regarding non-compete agreements. The Speaker’s proposal included three points:  limiting non-competes to twelve months; requiring employers to provide employees notice that a non-compete will be required before employment begins (and inform employees of a right to counsel), and banning non-competes for low-wage workers. While the legislature has been reluctant to limit non-compete agreements, the Speaker’s proposal may indicate renewed interest in changing that law and should be monitored by interested parties. 
 
 

 

Contractors Will Soon Be Able to Apply for Certification for Public Construction Online

By on February 29, 2016

The Massachusetts Division of Capital Asset Management and Maintenance (DCAMM) recently announced that contractors will soon be able to utilize an online application process for certification. It will include the ability to pay fees online as well as online access to documents such as Certificates of Eligibility. The website is expected to be ready in March, 2016. Follow the link below for more information.

https://www.mass.gov/anf/property-mgmt-and-construction/design-and-construction-of-public-bldgs/contractor-certification/new-online-certification-process.html

Certification online graphic

Strang Scott Prevails In Arguing that Public Awarding Authorities Have a Duty to Verify Validity of Payment Bonds

By on January 21, 2016

A Superior Court judge recently ruled in Kapiloff’s Glass, Inc. et.al. v. University of Massachusetts (UMASS), et.al., MICV2014-08766, that Massachusetts awarding authorities on public construction projects do, in fact, have a duty to confirm that the payment bonds submitted by general contractors are valid.

Strang Scott brought suit on behalf of four subcontractors who provided labor and materials on the University of Massachusetts at Lowell Dry Lab Renovations construction project. The general contractor failed to pay the subcontractors in full, so the subcontractors requested copies of the payment bond from the awarding authority. Soon after filing suit, the subcontractors learned that the general contractor was filing for bankruptcy, and that the payment bond was fake.

As discussed in a previous article, Strang Scott, in a case of first impression, argued that awarding authorities on public construction projects have statutory obligations under M.G.L. c. 149, s. 29 to verify that the payment bonds provided to them by general contractors are legitimately issued by sureties registered with the Massachusetts Division of Insurance. The University of Massachusetts argued that it was not an officer or agent of the Commonwealth within the meaning of the statute. The court ruled that this defense was “neither logical nor in accord with common sense.”

The court decision explained in great detail the remedial nature of the statute, and how its express purpose is to protect subcontractors, and not the Commonwealth. It cited many prior court decisions opining that the statute should be construed liberally to accomplish its intended purpose of getting subcontractors and material suppliers paid for their work.

Whether courts will find additional duties for awarding authorities on public construction projects in the future is uncertain, nor do we know whether the University of Massachusetts will appeal this decision. However, at least for now, this decision provides some comfort for subcontractors and material suppliers that some form of payment security should exist when they perform public work.

Strang Scott Announces Hiring of New Associate

By on December 7, 2015

Strang Scott is pleased to welcome first-year associate Andrea Jacobs to the firm.  Ms. Jacobs is a 2015 graduate of Boston University School of Law, and worked with Strang Scott as a Summer Associate in 2014.  While in law school, Ms. Jacobs also worked with the Massachusetts Department of Energy Resources and the Boston University Office of the General Counsel.

Ms. Jacobs hails from the Baltimore area, and earned dual undergraduate degrees in Government & Politics and Psychology from the University of Maryland, College Park.  While there, she was a member of Phi Beta Kappa, the College Park Scholars Program and the Sigma Kappa Sorority.

At BU Law, Ms. Jacobs served as Note Editor, and on the Note Selection Committee for the American Journal of Law and Medicine.  BU Law honored her with its Law Dean’s Award in Fiduciary Law.

Ms. Jacobs is already active in the BU Law Young Alumni Council and the Boston Bar Association.  She is an avid fan of NFL football, loves road trips and is a documentary enthusiast.

strangscott2015-12

Partner Chris Strang Argues the Commonwealth Has a Duty to Verify Payment Bonds on Public Construction Projects

By on December 3, 2015

In a case of first impression, the court in Kapiloff’s Glass, Inc. et.al. v. University of Massachusetts (UMASS), et.al., MICV2014-08766 will consider whether the public awarding authority has a duty under M.G.L. c. 149, §29 to ensure that the payment bond provided by the general contractor on public construction projects is valid.

On the University of Massachusetts at Lowell Dry Lab Renovations construction project, several subcontractors brought claims on the general contractor’s payment bond, for nonpayment by the general contractor. The subcontractors obtained favorable judgments, but the payment bond surety failed to pay.  The payment bond proved to be fake, and the surety was not registered to do business with the Massachusetts Division of Insurance.

Strang Scott brought claims against the University of Massachusetts on behalf of four of the subcontractors for the awarding authority’s failure to ensure that the payment bond provided at the time of bid was valid. The University of Massachusetts filed a motion to dismiss, arguing that it had no duty to ensure the authenticity of either the payment bond itself, or the surety issuing it. Strang Scott opposed the motion, arguing that the statute imposes such a duty, without which security on public projects would not exist for the subcontractors that rely upon the payment bonds.

In November, the Middlesex Superior Court heard oral arguments on the dispute, and a decision is expected in the near future. The impact of that decision will be far reaching, as it will ultimately determine whether subcontractors submitting bids on public construction projects in Massachusetts can rely upon the legitimacy of the general contractor’s payment bond.

about-us-pic