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Timelines and time limits in construction contracts, especially large ones that may take months or years to complete, can be a source of frustration, financial setbacks and legal problems if there are delays. The larger the contract and the longer it was projected to...
When embarking on just about anything important, choosing what to study and where to study it, starting a family, having a vacation or an adventure, starting a business, you are much more likely to have a successful outcome if you do thorough, well researched planning...
Managing a thriving small business in Massachusetts can be harder than starting it. If a loan was negotiated to get the business going, repayments may be hard to make at times. It’s not unusual for small businesses to experience volatility in their finances, but if it...
The Massachusetts Prompt Payment Act sets out the time periods within which payment for private and public construction work must be paid. The Act helps contractors and sub-contractors have certainty about payment for work completed and facilitates cash flow for these...
A breach of contract is said to have taken place when a business contract between two parties has not been fulfilled because one or other of the two parties has failed to satisfy their side of the contract and the other party has suffered some sort of damages. The...
Massachusetts, like other U.S. states, has its own specific Lemon Laws that give purchasers of defective cars certain legal rights as consumers. Calling a defective car a “lemon” is something that has been around for at least the last 100 years. The term “lemon”...
The short answer is ‘probably yes’ if the content of the email relates to the official business of a government agency or if the email was sent to an employee in any level of state government. It really depends on the email sender and/or recipient and content not its...
If you are considering buying a house in Massachusetts, you will certainly need to think about taking out home insurance cover for it. Your new home will probably be the largest asset you will own, so losing it to a fire, storm, even if only part of it is damaged,...
Imagine buying a property somewhere in Massachusetts and finding out that the property didn’t actually belong to the person who sold it to you, or you find out that the property was tied up in several debts still outstanding. This doesn’t, or shouldn’t happen, of...
When selling your property in Massachusetts, you need to be aware that there are disclosures that are a legal requirement in the state. These disclosure requirements are relatively minor compared to some other states, but if you ignore the requirements or are unaware...
Many people are aware of premarital contracts such as prenuptial agreements (prenups) and what they are designed to do. Prenups clarify financial arrangements before a couple gets married so that if there is a breakdown in the marriage subsequently and a divorce is...
Shareholders agreements are an important part of any business, big or small, that has more than one shareholder. Shareholders agreements exist to establish the rights and responsibilities of shareholders in the business. They are not compulsory in Massachusetts, but...
Estate planning in Massachusetts requires knowledge and precision – and this means that knowing what to do is equally important as knowing what NOT to do. The law heavily regulates the subjects of Wills and estate administration. Since the goal of making a Will is to...
There is only one thing more important than making a Will in Massachusetts - it is making a valid Will. There are different sets of legal requirements for a Will to be valid in Massachusetts and they include: Capacity (such as age, soundness of mind, the appointment...
The short answer to this important question is “No". However, the more detailed answer is more complex. Most employees in Massachusetts are employed in what is called “at-will” employment. This means that employers can sack an employee whenever they want for almost...
How do you know whether a home you buy not have any major defects, apart from what the seller has already stated before the sale? The answer is to engage a competent professional inspector who assesses the state of the home and provides a realistic valuation as well...
Why agree to mediation? Mediation can be used in all sorts of circumstances where there is a disagreement or dispute between two parties. Mediation is rarely used for criminal cases. Examples of circumstances where mediation can be of use include: disputes between...
What is a “seal?” Seals have been around for hundreds of years, but their purpose has changed a lot during that time. The term “under seal” for instance, has little in common with the main reason for using a physical seal in the past. But what actually is a seal? The...
Just as a coin has two sides, so has a dispute between a property owner and a contractor who has supplied construction services to that owner. Let’s just tease that sentence out before explaining what rights in Massachusetts law both contractors and owners have when...
There are many reasons why there could be a dispute with a residential contractor. In fact, disputes between owners and contractors, contractors and sub-contractors and between them and suppliers of materials are commonplace. This doesn’t mean that disputes cannot be...