Following closely on the heels of my colleague’s August 17 post regarding the independent contractor classification, the Massachusetts Appeals Court last week rendered a decision highlighting the significance of this classification in the construction world. In Cable Mills, LLC v. … Continue reading
The Supreme Judicial Court (“SJC”) ruled that a contract provision waiving the subcontractor’s right to file a claim against the general contractor’s payment bond is not enforceable. In John J. Costa v. Brait Builders Corp., 2012 WL 3084656 (Mass. 2012), … Continue reading
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
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
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
On Friday, the Supreme Judicial Court in Eaton vs. Federal National Mortgage Association issued another important decision concerning the mortgage foreclosure process in Massachusetts. The Court concluded that if a bank uses the auction process to foreclose a mortgage, then … Continue reading
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Although nearly two have passed since the so-called prompt pay law was enacted, many contractors remain unclear on the rights, obligations and requirements under the law. In November 2010, the legislature passed “An Act Promoting Fairness in Private Construction Contracts,” … Continue reading
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On May 3, 2012, the Supreme Judicial Court (SJC) issued an important decision affecting the public bid process in Massachusetts. In Barr Inc. v. Town of Holliston, the SJC held that Chapter 149, the competitive bidding statute, does not restrict … Continue reading
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An interesting opinion came down from the Massachusetts Appeals Court last month that merits discussion. In ss. App. Ct. 418 (2012), the Court held that the damages owed to a landlord from a … Continue reading
In the case of JPMorgan Chase & Co. v. Casarano, the Massachusetts Appeals Court affirmed a decision by the Massachusetts Land Court invalidating a mortgage due to a lost promissory note. The plaintiff sought to quiet title and establish the … Continue reading
