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Monthly Archives: July 2012
Officials Studying Possible Boroughs Regional Park System
We are not the only ones thinking about the Boroughs+ as a regional entity whose towns and citizens share common interests. The MetroWest Daily News reports here that Marlborough, Northborough, Southborough and Westborough are seeking to collaborate on a regional … Continue reading
Posted in Marlborough, Northborough, Southborough, Westborough
Tagged CMRPC, MAPC, Marlborough, MEDC, Northborough, Southborough, Westborough
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Lower Court Holds That E-mails May Constitute A Binding Purchase And Sale Agreement
A Superior Court Judge recently ruled in Feldberg et al. v. Coxall that a series of e-mails between a buyer and seller of real estate that include the material terms of the offer and an acceptance of those terms may … Continue reading
Posted in Construction, Contracts
Tagged Construction, Contracts, Coxall, Feldberg, Judge Douglas H. Wilkins, Superior Court
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SJC: Involuntary Waiver of Wetlands Decision Deadline Invalid
A common practice by conservation commissions in which they preemptively extend their own deadlines under the state Wetlands Protection Act has been struck down by the Supreme Judicial Court. In this week’s Garrity v. Conservation Commission of Hingham decision, the Supreme Judicial … Continue reading
Posted in Environmental, Municipal, Wetlands
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Subcontractor’s Mechanic’s Lien Dismissed Because “No Amount Due” General Contractor
The scenario is all too familiar for subcontractors. Payments from the general contractor stop mid-project. The subcontractor rushes to record and serve a notice of contract to begin the process of perfecting a mechanic’s lien. However, the lien is discharged … Continue reading
Southborough Approves 40B Project on Route 9
As an update to our earlier post on 40B projects in the Boroughs+ area, the Southborough Zoning Board of Appeals has issued its final approval of the proposed Madison Place apartment complex on Route 9. The Southborough Conservation Commission has also approved the … Continue reading
Posted in Construction, Southborough, Wetlands, Zoning
Tagged Permit, Robert Moss, Southborough, Wetlands, Zoning
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A General Contractor’s Failure To Obtain a Waiver of Subrogation from a Subcontractor Held Not A Material Breach of the Construction Contract
The Massachusetts Appeals Court recently held that a general contractor’s failure to obtain a waiver of subrogation from one of its subcontractors, as required by the terms of the construction contract it entered, was not a material breach of the … Continue reading
Posted in Construction, Contracts
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On Solid Ground: The Mirick Real Estate Law Blog 