When parties enter a contract involving an appraised value of real estate, they need eventual finality with respect to that appraised value, but they also want fairness in the appraisal process. In Buffalo-Water 1, LLC v. Fidelity Real Estate Company, … Continue reading
In 2004, the Massachusetts Legislature passed M.G.L. c. 149, § 148B, known as the independent contractor statute, to prevent the misclassification of employees as independent contractors, which would deny them benefits they would otherwise be entitled to as employees. When … Continue reading
With 2013 coming to an end, it’s time to take a look back at the year that was. Each year brings new developments in real estate, environmental and construction law, and 2013 was certainly no exception. Here’s our pick for … Continue reading
The Supreme Judicial Court’s (SJC) recent decision in Franklin Office Park Realty Corp. v. Comm’r of Dept. of Envt’l Protection, 466 Mass. 454 (2013), is a good news, bad news proposition for Massachusetts property owners and contractors. At issue in … Continue reading
As it has done in the past, the Supreme Judicial Court (SJC) has interpreted the requirements for enforcement of a mechanic’s lien in broad fashion to protect a lien that otherwise might have been dissolved. In NES Rentals, Inc. v. … Continue reading
As we reported previously here, the Massachusetts Appeals Court ruled last year in 275 Washington Street Corp. v. Hudson River International, LLC that, in the absence of specific lease language to the contrary, “the bright-line rule remains that a landlord … Continue reading
The Supreme Judicial Court’s (SJC) recent ruling in DeWolfe v. Hingham Centre, Ltd., is a warning to Massachusetts real estate brokers: What you say can and will be used against you in a court of law. The case is also … Continue reading
Zoning Board of Appeals of Sunderland v. Sugarbush Meadow, LLC is the Supreme Judicial Court’s (SJC) latest snub to municipal attempts to control the development of low income housing. Despite testimony from the Town’s Fire Chief that the Town lacks … Continue reading
Despite the fairly straightforward nature of the issue, before the recent case of Creative Playthings Franchising, Corp. v. James A. Reiser, Jr., the Massachusetts Supreme Judicial Court (SJC) had not categorically ruled whether parties to a contract could agree to … 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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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
