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The motto, “The customer is always right,” was popularized by innovators in the retail industry in the early 20th Century. However, the slogan is rarely used in the construction industry — and for good reason. The customer’s desires and expectations when it comes to building or renovating their home are often unrealistic or untenable. It […]

As a general rule in Massachusetts, an action may not be brought against a person on a promise to answer for (that is, to guarantee) the debt of another unless “the promise, contract or agreement upon which [the] action is brought . . . is in writing and signed by the party to be charged […]

by Adam J. Shafran On April 29, 2015, the U.S. Supreme Court approved and submitted to Congress proposed amendments to the Federal Rules of Civil Procedure (“FRCP”). The FRCP are the procedural rules which govern every civil lawsuit brought in any federal court in the United States. These amendments, which took effect on December 1, […]

Rudolph Friedmann recently filed a federal class action lawsuit against Pepperidge Farm alleging that the company has misclassified many of its workers as independent contractors. What makes an individual an independent contractor? There are a number of factors that need to be examined on a case-by-case basis, including:

by James L. Rudolph, Esq. and Robert P. Rudolph, Esq. In a first of its kind ruling by a Massachusetts Superior Court judge providing guidance on the applicability of the integrated enterprise and joint employer theories to Massachusetts Wage Act claims, the Honorable Bruce R. Henry has held that restaurant managers who worked for the […]

by James L. Rudolph Owners and general contractors generally want construction site sub-contractors to bear more than their pro rata share of the legal and financial burdens arising from any personal injury or property damage associated with a construction project. This is accomplished through the use of so-called “indemnification” clauses, “hold harmless” provisions, and “additional […]

Rudolph Friedmann managing partner James Rudolph has been elected Chairman of the Board of the Associated Builders and Contractors of Massachusetts (ABC). A long-time, active member of the organization, Rudolph previously served as ABC’s Chairman from 2001 to 2002 and was the first attorney in the country to hold this position. Rudolph has served as […]

Jim Rudolph, managing partner of Rudolph Friedmann, LLP, was quoted in “Shareholder challenge to EMC sale blocked” in the January 20 issue of Massachusetts Lawyers Weekly. The article discusses IBEW Local No. 129 Benefit Fund v. Tucci, et al, a case of first impression in the Massachusetts Superior Court, which found that shareholders of EMC […]

by Jocelyn Campbell, Esq. If you have a daughter (I have four), I’ll bet that she is beautiful, smart, successful and an all-around great kid… wait a minute, let’s go back to “successful”. You have raised her to believe that she can do anything from having babies to becoming a corporate CEO. 

by Robert P. Rudolph, Esq. The Appeals Court of Massachusetts recently decided that an hourly employee who claimed that she was frequently pressured to work through her lunch break, which she took at her cubicle in the office, could sue her employer for unpaid overtime even though she did not record this extra time in […]

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