Tag Archives: Supreme Judicial Court

Appearance of Bias Not Enough to Invalidate Appraisal – Unless the Contract Says Otherwise

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

Posted in Contracts, Lease | Tagged , , ,

Real Estate Agents Not Covered by Independent Contractor Statute

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

Posted in Construction, Contracts, Labor | Tagged , , , | Leave a comment

On Solid Ground’s Top Five Stories of 2013

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

Posted in Broker Liability, Construction, Contracts, Environmental, Hazardous Materials, Municipal, Wetlands, Zoning | Tagged , , , , , , , | 1 Comment

Massachusetts Mechanic’s Liens: A Property Owner’s Perspective

A mechanic’s lien is an encumbrance on private property to secure payment for a contractor (or subcontractor) or material supplier for labor or materials provided to improve that property.  (Not familiar with mechanic’s liens? Review my earlier post on the … Continue reading

Posted in Construction, Contracts, Economic Development | Tagged , , , , , , , | Leave a comment

Contractors & Property Owners Beware: SJC Decision Highlights Risk of Penalties for Environmental Violations

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

Posted in Construction, Environmental, Hazardous Materials, Wetlands | Tagged , , , , , , , , , | Leave a comment

Commercial Landlord Must Wait Until End of Lease to Recover from Defaulting Tenant Says Supreme Judicial Court

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

Posted in Contracts, Lease | Tagged , , , , , , , | Leave a comment

Brokers Beware: SJC Issues Ruling in Closely-Followed DeWolfe v. Hingham Centre Case

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

Posted in Broker Liability, Contracts, Lease | Tagged , , , , , , , , | Leave a comment

SJC Again Rebuffs Local Attempts to Control 40B Low-Income Housing Developments

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

Posted in Construction, Zoning | Tagged , , , , , , , , , | Leave a comment

SJC: Contracts Can Shorten Statute of Limitations Period, Unless…

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

Posted in Construction, Contracts, Lease | Tagged , , , , , , | Leave a comment

Another Landmark Foreclosure Decision

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

Posted in Contracts, Foreclosure, Mortgage, Title | Tagged , , , , | Leave a comment

Supreme Judicial Court Finds That Awarding Authorities May Conduct Independent Research On Bidders

This gallery contains 1 photo.

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

Gallery | Tagged , , , , , , | Leave a comment