Since the outbreak of the COVID-19 pandemic, we have seen an increase in reliance on force majeure and other clauses in construction contracts due to delays caused by COVID-19, such as construction shutdowns and social distancing. This has caused construction projects to stop or slow, stopping or slowing payment, and has resulted in an increase […]
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Two recent decisions from the Massachusetts Housing Court revisited and clarified the importance of procedural details to landlords seeking to evict tenants. While the procedures reviewed dealt with residential evictions, the message is equally important in commercial settings. The first step to commencing an eviction is to provide the tenant with notice of his or […]
In the recent matter of Bellalta v. Zoning Board of Appeals of Brookline 481 Mass. 272 (2019), the Massachusetts Supreme Judicial Court (the “SJC”) ruled that a variance was not required for a homeowner to add a dormer to their roof (only a special permit) despite the additional living space increasing a nonconforming Floor Area […]
The Massachusetts “Lemon Law,” G.L.c. 90, Section 7N ½, obligates an auto manufacturer or dealer to repair any “nonconformity” to express or implied warranties – in other words, any defect that substantially impairs a vehicle’s use, market value or safety – that arises within one year or 15,000 miles of the purchase of a new […]
by Robert Rudolph Massachusetts Minimum Wage Effective January 1, 2020, the Massachusetts Minimum Wage will increase from $12.00 per hour to $12.75 per hour. The Massachusetts Minimum Wage will continue to increase in yearly increments until it reaches $15.00 per hour on January 1, 2023. In Massachusetts, all workers are presumed to be employees, and […]
by Jocelyn Campbell The title is a play on my favorite television show “Maine Cabin Masters.” There is a clip shown at the beginning of the show, where Chase, the fearless leader, is sitting on a large rock and he yells out “Cabin Masters Unite!” as if to summon his workers from the Maine woods. […]
by Adam Shafran In a recent case out of the U.S. District Court for the District of Massachusetts, a judge found an employer in contempt of a protective order after the employer fired one of its employees for testifying against the employer in his deposition.
On September 7, 2018, the Chief Justice of Massachusetts’ highest court issued an opinion consequential for Massachusetts employers with out-of-state employees (Oxford Glob. Res., LLC v. Hernandez). In declaring a Massachusetts noncompete void as against California public policy, Oxford signals to Massachusetts employers that, in certain circumstances, the dual interests of out-of-state employees and limiting […]
by George Georgountzos A common provision in condominium documents for new construction projects is language protecting the developer from potential lawsuits for defects in common areas and facilities. This limits individual lawsuits by single or minority disgruntled unit owners, but such protections are not limitless. A recent Supreme Judicial Court (SJC) decision, Cambridge Point Condominium […]
On October 1, 2018, Massachusetts’ new noncompete law (G.L. ch. 149, § 24L) goes into effect. While the new law largely codifies existing common law, it also alters the legal landscape in significant ways that will pose traps for unwary and overprotective employers. Particularly, although the law offers enforceability incentives for narrowly drafted noncompetes, it […]
