Tag Archives: Massachusetts

Summary Judgment Considerations in Discrimination Cases

By on March 11, 2016

Massachusetts law prohibits employment discrimination based on race, among other things. It is often difficult for plaintiffs to produce direct evidence of discrimination (i.e., the “smoking gun”), so Massachusetts law allows plaintiffs to prove discriminatory intent by producing evidence showing an employer’s adverse employment decision was merely a pretext. In a very recent opinion, Bulwer v. Mount Auburn Hospital et al., the Massachusetts Supreme Judicial Court clarified the burdens of proof faced by each party after a motion for summary judgment. A summary judgment motion is granted when the moving party shows there is no genuine issue of disputed fact, and thus the moving party is entitled to a judgment as a matter of law, avoiding the need for a trial.

The plaintiff in Bulwer is a black man of African descent, pursuing a license to practice medicine. Mr. Bulwer earned a medical degree abroad, and to practice medicine in the United States he needed to complete a residency program that he began at Mount Auburn Hospital. During Mr. Bulwer’s first year of residency, he received several opposing reviews, some deeply critical and others quite favorable. After receiving such reviews, Mount Auburn Hospital terminated his employment, and he filed suit thereafter, alleging, among other things, employment discrimination. After discovery, the defendants moved for summary judgment. The Superior Court judge allowed the motion.

Per the seminal 1973 Supreme Court decision, McDonnell Douglas Corp. v. Green, Massachusetts courts employ a three-stage, burden-shifting paradigm:

“In the first stage [of this paradigm], the plaintiff has the burden to show. . . a prima facie case of discrimination.  To do so, a plaintiff must provide “evidence that: (1) he [or she] is a member of a class protected by G. L. c. 151B; (2) he [or she] performed his [or her] job at an acceptable level; [and] (3) he [or she] was terminated.” “In the second stage, the employer can rebut the presumption created by the prima facie case by articulating a legitimate, nondiscriminatory reason for its [employment] decision.” In the third stage, the burden of production shifts back to the plaintiff employee, requiring the employee to provide evidence that “the employer’s articulated justification [for the termination] is not true but a pretext.”” (citations and footnotes omitted).

Here, the defendants argued that at the third stage of inquiry, the plaintiff had to present evidence that the defendant’s reasons for termination constituted a pretext hiding a discriminatory purpose. The Court disagreed, finding that Massachusetts law does not require so great a burden at this stage, which would be akin to requiring the plaintiff to produce direct evidence of discriminatory animus. To survive a summary judgment motion, the plaintiff must present evidence from which a reasonable jury could infer that the defendants’ stated reasons for its action were not the real reasons. If the plaintiff can do so, the case should proceed to trial, at which time a jury can decide if a defendant’s reason for an action is false, and if so, if that falsity is in fact hiding a discriminatory motive. Here, Mr. Bulwer produced “five categories” of evidence from which a jury might infer that the defendants’ stated reasons for terminating the plaintiff’s employment were a pretext. That was sufficient, as the purpose of a summary judgment motion is neither resolving issues of material fact nor weighing the credibility of the evidence.

This is an important clarification. If the defendants’ argument carried the day, plaintiffs would have greater difficulty even getting to a trial, given the scarcity of direct evidence in these sorts of cases. The court went on to remind the litigants that at the summary judgment phase, the burden of persuasion rests with the moving party, in this case the defendants. The plaintiff has an obligation to produce evidence, and ultimately bears the burden of persuasion at trial. However, summary judgment is not trial. Summary judgment is an important tool in litigation, but in preparing to file such a motion, parties must be cognizant of each party’s obligations. Competent Massachusetts employment lawyers can evaluate the evidence to determine if summary judgment is appropriate.

Contractual Arbitration Clauses Can’t Supersede Arbitration Statute

By on March 9, 2016

Arbitration clauses for dispute resolution are a common component of all manner of contracts. While the pros and cons of arbitrating in lieu of litigating are hotly debated, the finality of arbitrators’ decisions is often cited favorably. A reduced chance of future appeals generally keeps costs down.

That finality can prove to be a bit too harsh, for some. Massachusetts courts have consistently refused to vacate arbitration awards even for errors of law or fact. In an effort to minimize the probability of such a result, the parties negotiating a certain arbitration clause included language addressing it. The clause stated, in part, that a judge could overturn the award in the event of an arbitrator’s “material, gross and flagrant error.”

As luck would have it, the parties ended up taking various disputes to arbitration. Not surprisingly, the losing party sought relief it court for what it argued, among other things, was such an arbitrator’s error.

This week the Supreme Judicial Court of Massachusetts issued a decision, Katz, Nannis & Solomon, P.C., & Others v. Bruce C. Levine & Another, in which it denied that request for relief.

The court reasoned that the state statute governing arbitrations, M.G.L. 251, does not allow for alteration of the standards for judicial review. Specifically, Section 11 mandates “the court shall confirm an award” except in the specific situations listed in other sections of the statute. Katz, citing M.G.L. c. 251, s. 11.  Since the language in the parties’ arbitration clause differed from the limited statutory exceptions, the court refused to apply it.

Contracting parties in Massachusetts should use caution in selecting the right arbitrators. Arbitrators’ mistakes can still be binding, even when all parties agree they should not be.

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. 
 
 

 

Money Matters: Making the Most of Investment Property in Massachusetts

By on February 1, 2016

It is no secret that investing in real estate is often a shrewd financial move, especially given the current Boston rental market. Whether you already own investment properties or you are thinking about purchasing your first, there are important considerations to make to ensure that you are maximizing your returns and making your money work for you in the most effective and efficient manner. While investing is easy, investing wisely is imperative.

One simple way to invest wisely is to consider transferring ownership of any investment property from the actual individual who purchased the property to a Limited Liability Company (LLC) created for the express purpose of holding real estate.  This maneuver, in many circumstances, is a simple way to protect yourself, your assets, and your investments.

There are three basic steps required to create a LLC for the purpose of holding investment properties. The first is to create and register the LLC with the state.  In Massachusetts, this requires the filing of Certificate of Organization with the Massachusetts Secretary of State.  Additionally, although not technically required, it is a best practice to simultaneously create an Operating Agreement for the new LLC dictating how the LLC will operate, who owns the LLC, and other important powers and restrictions. The second step is to apply to the IRS for an Employer Identification Number (EIN), which is necessary for tax and banking purposes. Finally, the third step is to formally transfer the deed from the individual who purchased the investment property to the LLC.  Massachusetts, unlike most other states, tracks its real estate titles in two separate systems:  recorded land and registered land. This duel title system can complicate the proper completion of step three. Therefore, it is important to understand how your particular property was originally recorded/registered in order to ensure that it is successfully deeded into the LLC.  Once these three steps are completed, the LLC owns the property.

This transfer of ownership has the potential to insulate the individual owner from personal liability stemming from legal claims relating to the property as well as to allow the individual owner to keep the investment property separate from other personal assets. However, every individual owner, investment property, and real estate deal is different and circumstance often dictates what constitutes a wise investment move on a case-by-case basis.  Moreover, incorrectly establishing a LLC, failing to follow the formalities of owning and operating a LLC, or failing to properly transfer the property into the newly-formed LLC may have unintended and unfortunate consequences. 

Transferring ownership from an individual to a LLC is just one option, among many, to ensure that you are making the most of your real estate investments.  Building and structuring an investment property portfolio can seem daunting but with proper guidance it can be a rewarding and profitable venture. Thus, the wisest move any investor can make is to seek the counsel of a Massachusetts lawyer who specializes in real estate transactions to ensure that all options are properly considered and all investments and maneuvers are above-board and executed correctly.

By Andrea Jacobs, Esq.

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Protecting Confidential Business Information

By on January 19, 2016

While the Massachusetts legislature continues to debate whether to ban “non-competition agreements,” support for the protection of trade secrets and confidential information remains strong. Although the Commonwealth has not adopted a version of the Uniform Trade Secrets Act, Massachusetts protects trade secrets in several overlapping ways: state law provides that the theft of a trade secret can lead to double damages for the aggrieved party; the Massachusetts Consumer Protection Act allows for the recovery of double or triple damages and attorney’s fees for misappropriating trade secrets; courts will enforce contracts requiring employees to maintain the confidentiality of secret information learned on the job; and courts will grant injunctions barring the improper use of confidential information in certain circumstances. However, just because a business states that information is confidential does not mean that a court will agree. Massachusetts uses a six-factor test to determine whether information is confidential:

(1) the extent to which the information is known outside of the business;

(2) the extent to which it is known by employees and others involved in the business;

(3) the extent of measures taken by the employer to guard the secrecy of the information;

(4) the value of the information to the employer and to his competitors;

(5) the amount of effort or money expended by the employer in developing the information; and

(6) the ease or difficulty with which the information could be properly acquired or duplicated by others.

Examples of trade secrets can include manufacturing processes, price lists, financial information, sales strategies, and product development plans. The six-factor test emphasizes that the information has to be a secret, and the business had to make a genuine effort to maintain its secrecy. The business does not ordinarily need to employ heroic measure to maintain secrecy, using armed guards and bank vaults. While appropriate efforts to maintain secrecy are a fact-based determination, businesses will often use non-disclosure agreements signed by employees, limit the internal disclosure of information to an as-needed basis, and ensure that no information is made publicly available (such as via the business’s website).

Businesses concerned about preserving information secrecy, or aware of a confidentiality breach, should contact a Massachusetts business attorney to ensure their interests are protected.

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.

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

By on November 9, 2015

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 seek indemnification from the subcontractor for injuries beyond the subcontractor’s control.  In Massachusetts, such provisions are void.   

The Massachusetts statute, MGL 149 § 29C, provides the following:

Any provision for or in connection with a contract for construction, reconstruction, installation, alteration, remodeling, repair, demolition or maintenance work, including without limitation, excavation, backfilling or grading, on any building or structure, whether underground or above ground, or on any real property, including without limitation any road, bridge, tunnel, sewer, water or other utility line, which requires a subcontractor to indemnify any party for injury to persons or damage to property not caused by the subcontractor or its employees, agents or subcontractors, shall be void.

A contractual indemnification clause is valid against a subcontractor where the clause is limited to indemnification for injuries or damages that were caused by the subcontractor.  See Collins v. Kiewitt Constr. Co., 2 Mass.L.Rptr. 416 (Mass.Super. 1994).  Moreover, there is nothing in MGL 149 § 29C that specifically prohibits a proportionate indemnification in subcontracts (e.g. a subcontractor can be required to indemnify a general contractor for the subcontractor’s “share” of the fault).  However, MGL 149 § 29C specifically prohibits provisions that “obligate a subcontractor to provide indemnification for losses that it in no way caused.”  N. Am. Site Developers, Inc. v. MRP Site Dev., Inc., 63 Mass.App.Ct. 529, 535 (2005).

If you are a general contractor, it is important to review the contracts you have with your subcontractors.  If drafted in contravention of MGL 149 § 29C, your indemnification provision may be rewritten by a court, which can have unpredictable consequences.  If you are a subcontractor, you should carefully review the contract with your general contractor to ensure that the general contractor is not attempting to force you into an indemnification that is otherwise unenforceable.  If you have any questions or concerns about the indemnification provision in your contract, you should contact a Massachusetts construction lawyer. 

 

Why Revocable Trusts Aren’t Just for the Wealthy

By on November 2, 2015

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 achieve their estate planning goals. 

So, why is this happening?  Simply put, revocable trusts have advantages that cannot be replicated through the use of wills alone.  Because property and assets held in trust are non-probate assets, assets that would otherwise be subject to the probate process are not subject to probate when held in trust.  Because assets held in trust are not subject to the probate process, trust assets remain private and are not ordinarily subject to public disclosure. 

Trusts offer other advantages.  Trusts can be used very effectively to control asset distributions.  Trusts can help ordinary people set up distribution plans for their children or other intended beneficiaries that distribute assets over extended periods of time, for specific purposes and with specific assets.  While children are ordinarily entitled to receive assets passing by will at age 18, that period can be prolonged through the use of a revocable trust.  Parents can manage the distribution of their assets to their children through the use of a trustee to control distributions over time, in amount and for the particular purposes set out in the trust.  This planning is frequently employed to avoid giving unfettered access to assets to children at age 18, when many, if not most, are ill-prepared to manage and maintain significant assets.

In addition to the benefits for your family, trusts are very effective tools to manage your assets in the event of your disability or incapacity.  In the event that you become incapacitated or disabled, a trustee or trustees named in your trust will manage the assets in your trust for your benefit.  This can be achieved without court-ordered conservators or guardians that might otherwise be necessary and whose appointment requires filings and hearings before the probate court.

Revocable trusts are flexible.  Trusts can be amended, or even revoked, relatively easily.  Trusts can and should be amended to reflect the changing circumstances of one’s family over time and to capture other advantages occasioned by changing laws.  Once in place, amending a revocable trust is ordinarily straightforward and inexpensive. 

While trust planning tends to be somewhat more expensive in terms of upfront costs, it can be significantly more efficient, in time and money, than probating an estate.  This is especially true in states like New Hampshire, where the probate process is complicated and burdensome.  For estates containing significant assets, probate administration is likely to be time-consuming, expensive, and extended in duration.  As a result, you’re well-advised to consider trust planning as part of your overall estate plan. 

While everyone should maintain a comprehensive estate plan, including wills, powers of attorney, advanced health care directives and the like, more people are considering revocable trusts to achieve their estate planning goals.  Like each element of a comprehensive estate plan, whether or not a trust is right for you and your family should be considered in light of your circumstances and planning goals.  Consult with your estate planning attorney to consider your circumstances and estate planning objectives.

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

By on October 27, 2015

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 included a line requesting the proposed contract price “without alternates.” The low bidder’s form listed a price on that line and added the notation that its price included three alternates. However, the price of each alternate was listed separately, making the mistake easy to ascertain, and the awarding authority accepted it as the low bid.

The second lowest bidder filed a protest, claiming the notation was “an addition not called for” in violation of the public bidding statutes, mandating rejection. The Bid Unit disagreed, deeming this a “clerical error,” a well-established exception to the otherwise strict statutory bid requirements.

The Bid Unit further analyzed whether there was any way in which the low bidder gained an unfair advantage over other bidders by allowing this notation and decided it did not. Finding no prejudice to the other bidders is central to one of the statutory purposes of the bid laws; that is, putting all bidders on equal footing.

While the low bidder ultimately survived this protest, it should serve as a reminder to all bidders to use great caution when adding any words to a statutory bid form. You can read the full decision below.

http://www.bpd.ago.state.ma.us/

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

By on September 2, 2015

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 Provisions

Did you know that it’s perfectly legal to relinquish your statutory right to a mechanic’s lien in New Hampshire?  If you did, give yourself a small pat on the back.  All too often, however, subcontractors – especially those new to working in New Hampshire – fail to appreciate that they can waive their right to assert or maintain a mechanic’s lien through their subcontract.  Worse still, it is often the case that subcontractors learn this valuable piece of information at the very worst time:  when they need to secure a mechanic’s lien for delinquent payment on a project.

In order to avoid this painful result, have your subcontracts reviewed carefully in-house or by your attorney, with a specific focus on any provision or language that relates to waiving or relinquishing the right to assert, maintain or perfect a lien or an attachment against the owner or its property.  If you see it, don’t accept it.  The mechanic’s lien is a very useful tool to make sure you get paid in New Hampshire, and you shouldn’t give it away before you start your project.   

Retainage Provisions 

Most every project contains a retainage provision, so how different could they be?  If you treat retainage provisions interchangeably, you may go a long time before you get paid that all important final five to fifteen percent of your contract balance.

Retainage provisions are like Skittles:  many flavors and some are better than others.  For example, if you’re a subcontractor that performs work early on in a project, it will be beneficial to negotiate retainage reductions based on acceptance of your scope of work by the project owner.  If you accept a common retainage provision that simply calls for the owner to withhold ten percent until the completion of the project, and you’re responsible for clearing the site and preparing for building or paving, it may be years before your final retainage payment becomes due, let alone gets paid.  Surely, that final ten percent looks better in your pocket than the owner’s.  As a result, it’s imperative that you closely monitor the retainage provision in each subcontract you execute.

Retainage isn’t intended to be an annuity that you receive years after you perform your work, but instead should provide the owner some security that you’ll finish your scope of work after you’ve been paid the majority of your contract balance.  If you focus on negotiating a retainage provision that fairly accounts for your scope of work and its timing in connection with the overall project, you shouldn’t need to wait extended periods of time to receive the final payment you’re owed. 

Change Order Provisions

There are virtually as many change order provisions as there are subcontracts.  It seems that every general contractor or construction manager that doesn’t utilize an AIA subcontract document creates its own change order provision.  With so many iterations of a provision meant to capture the same thing, more or less, what should your company be looking for? 

In short, to maximize your chances of getting paid for extra or change work, subcontractors should strive to negotiate change order provisions that come as close as possible to mirroring the reality of performing work on a project.  More often than not, that reality is a fast-paced project with a limited schedule where changed or extra work cannot wait weeks for signed change orders from executive level corporate representatives.  As a result, subcontractors are best served by negotiating change order provisions whose terms are not unduly burdensome, restrictive or otherwise difficult to satisfy. 

For instance, the author recently reviewed several subcontracts which directed that only the company president or another board level executive were authorized to approve a change in scope.  This is hardly practical for a subcontractor.  Ordinarily, a general contractor’s executives are not in the field regularly, and do not have the kind of “hands on” knowledge of a project that a project manager or superintendent possesses.  Worse still, executives are not readily available to subcontractors, as a general matter.  As a result, it’s not difficult to anticipate the difficulties that a subcontractor is likely to face when trying to balance the need to perform change order work, to maintain the project schedule and to secure the appropriate written authorization to perform the work.  These competing interests often lead to subcontractors performing work before they are authorized to do so according to the terms of their subcontracts, based on spoken assurances from onsite representatives of the general contractor.  This, in turn, exposes the subcontractor to the risk that the general contractor or the owner will reject the change order and that a fight will be necessary to get paid.

Because the competing interests in performing the work, meeting the schedule and securing appropriate authorization for changes in scope exist on so many projects, subcontractors are best served by negotiating change order provisions that mirror, as closely as possible, the anticipated conditions in field.  Doing so will go a long way toward insuring that you’ll be paid for your extras.  To the extent that you have any doubt regarding what steps are necessary to make sure you’re complying with the change order provision in your subcontract, you’re well advised to speak with your construction attorney.

Pay if Paid Provisions

Construction lawyers frequently discuss the concept of “risk allocation” with their clients.  So what is risk allocation?  At is core, risk allocation is concept used to describe how the parties to a contract divide or allot the various risks attendant to a particular contract. 

 A “pay if paid” provision is a tool used by general contractors and constructions managers to reallocate the risk of nonpayment, that for many years, was borne by the general contractor or construction manager.  A “pay if paid” provision operates exactly as it sounds.  That is, it’s a provision that conditions payment to a subcontractor for work it performs on the upstream contractor first receiving payment from the owner, or from the party upstream from it.  In other words, if the general contractor doesn’t get paid from the owner, the general contractor has no obligation to make payment to its subcontractor, regardless of whether the subcontractor fully and dutifully performed its work.

Does it make sense for a subcontractor to accept a “pay if paid” provision in its subcontract?  The answer is unequivocally no.  The vast majority of subcontractors have no ability to determine the financial solvency of the owner or the dependability of its construction financing.  Furthermore, a subcontractor has no direct contract with the owner, as the general contractor does, which thereby limits the subcontractor’s potential legal remedies if the owner elects not to pay for any number of reasons that have nothing to do with the subcontractor.  Because of these issues and others, subcontractors should be reticent to execute any contract that contains “pay if paid” language.  Because “pay if paid” language can be difficult to discern from other kinds of risk allocation devices, such as “pay when paid” and similar provisions, if you have any doubt about what your contract specifies seek the advice of your construction attorney.

Attorney’s Fees Provisions

Last, but certainly not least, subcontractors must understand what the attorney’s fees provisions mean in their subcontracts.  Like all of the foregoing types of provisions, there isn’t a one size fits all remedy.  What stands out about the importance of an attorney’s fee provision is that in some very important instances, the only way to enforce or determine your rights with respect to each of the kinds of provisions discussed above, is to employ the services of an attorney.  And that costs money.  So, if you don’t have an adequate provision of this kind, you’ll be forced to decide whether or not to pursue claims for payment (or other claims) based not upon whether you’re entitled to be paid, but rather by how much you’ll have to spend to get paid.

This isn’t lost on some less scrupulous general contractors.  In some instances, if a general contractor knows you’ll have to spend enough money to chase payments you’re owed that it becomes throwing good money after bad, they’ll simply pocket the money you should be paid and force you to bring suit against them.  This is no way to keep your projects profitable.

In order to make sure that you don’t fall victim to this scenario, insure that your contract has an attorney’s fees provision that calls for your fees to be paid in the event that you need the services of an attorney to enforce your rights under your subcontract.

So what do you do when the general contractor won’t agree to an attorney’s fee provision that runs in your favor?  In that instance, you negotiate what is known as a “prevailing party” provision.  A “prevailing party” provision calls for either party to a contract to receive their attorney’s fees and other costs from the other side in the event that a particular party prevails in an arbitration or lawsuit.  As is the case with each of the foregoing kinds of provisions, the devil is in the details of the provision.  Nevertheless, if you’re diligent about reviewing (or having someone else review) the language of any proposed attorney’s fee provision, you’ll be much less likely to learn that your subcontract only gives the general contractor the right to recover its attorney’s fees. 

If you master the foregoing five kinds of provisions, or engage your construction attorney to help you do so, you will negotiate better subcontracts before you get started and you’ll almost certainly forestall a variety of construction disputes before they have the opportunity to ripen.  Should you have questions regarding any of the information presented here, you’d be well advised to contact your New Hampshire or Massachusetts construction attorney.