Sean Cullen

The Distinctions Between a Statute of Limitations and a Statute of Repose

The distinctions between a statute of limitation and a statute of repose are both technical and significant. Under a statute…

4 months ago

Does a General Contractor’s Commercial General Liability Insurance Provide Coverage Against Damage Caused by a Subcontractor’s Defective Work?

Construction projects often involve work performed by subcontractors. While this makes sense given the varying expertise and equipment required, it…

11 months ago

Liquidated Damages Cannot Penalize

A liquidated damage provision can be an effective contractual tool to predetermine the amount of damages a party must pay…

1 year ago

When Being a Preferred Creditor Is Not Preferable

Many suppliers of goods have long-standing credit relationships with certain purchasers. A recent decision by the United States Bankruptcy Court…

2 years ago

Is Time Really of the Essence?

Many real estate purchase and sale agreements contain a specific deadline by which the parties must perform and a clause…

2 years ago

The Fair Debt Collection Practices Act

Until recently, Massachusetts federal courts had not determined whether a debt collector violates the Fair Debt Collection Practices Act (“FDCPA”)…

2 years ago

Poorly Drafted Choice of Law Provision Has Unintended Consequences

A choice of law provision allows parties to agree that the law of a particular state will apply to the…

3 years ago

Who Bears the Burden for a Fraudulently Intercepted ACH Payment?

Imagine you receive an email from a known creditor containing an invoice for an account payable. The email contains instructions…

3 years ago