Tag: law
Mass. Employer Cannot Enforce Noncompete Against California Employee
by Michelle M. De Oliveira On September 7, 2018, the Supreme Judicial Court of Massachusetts (SJC) issued a decision in Oxford Global Resources, LLC v. Hernandez, holding that a Massachusetts employer could not enforce a confidentiality, noncompetition, and nonsolicitation agreement against a former California employee. Despite the explicit language in the agreement that it was […]
The Massachusetts Dig Safe Law: How to Protect Your Company
By Rodney Ames In theory, the Massachusetts Dig Safe law is comprised of straightforward regulations to promote safe excavation on construction projects in the commonwealth. In practice, however, many construction projects pose challenges to navigating the Dig Safe law without consequence. The most often disputed and fact-intensive violation is for excavation work that “was not […]
Vision 3 Designs MG&M Law Firm Office
Providece, RI – Vision 3 Architects recently designed a 4,500sf office space for Manion Gaynor & Manning LLP on the 6th floor at One Citizens Plaza in Providence. Interior renovations will be completed by Graham Builders, the contractor on the project, by June.
Beware of Shifting Design Risk
by Michael P. Sams It is important for contractors to understand that unless they are intending to take on design risk, they (and we) really need to carefully review proposed contracts to weed out provisions that potentially shift design risk to the contractor. Unless a design-build delivery method is intended, removing the design risk is imperative […]
Talent Demands and Supply Constraints Changing Law Firm Office Norms
Boston – Space reduction continues to guide the office strategy for the U.S. legal sector, with firms giving up an average of 17 percent of their space upon relocating in 2014. Office leasing transactions for the sector have seen a consistent trim this year as 15 of the top 17 U.S. law firm leasing transactions were […]
The Fair Retainage Payment Act
New Law Applicable to Large Private Construction Projects by Hugh J. Gorman, III On August 8, 2014 Governor Patrick signed into law The Fair Retainage Payment Act relating to private construction contracts. The act impacts owners, general/prime contractors, subcontractors, and suppliers on projects where the prime contract is $3 million or more and is not a residential […]
Acentech Completes Consulting Work for Cornell Law School
Ann Beha Architects Cambridge, MA- Acentech Inc. has provided architectural acoustics consulting and audiovisual systems design for Cornell Law School’s recent expansion and renovation. Constructed below grade, the new academic center adds three large state-of-the-art tiered classrooms, a new gathering space opening onto a restored courtyard, and a new accessible entrance leading to the law school’s primary […]
A Liquidated Damages Primer
by Michael P. Sams and Jared A. Fiore Enforceability Basics Generally speaking, two criteria must be met to enforce a liquidated damages provision: (1) that at the time of contracting, actual damages were difficult to determine; and (2) that the agreed sum is a reasonable forecast of damages. Therefore, a court will look back in time to […]
Partial Lien Waivers – Are They As Harmless As They Seem?
by Norman Brown, IV It is increasingly important that all contractors and subcontractors carefully read the language of these “partial” waivers. Indeed, you should not be afraid to mark-up these documents to ensure that you are fully protecting your rights. All language that goes beyond waiving liens on work actually paid, or certifying that the […]
Reservation of Rights Letter…The Insurer’s Prenuptial Agreement with Its Insured
by Michael P. Sams, Esq. When an insurance company agrees to defend you, but reserves the right to disclaim coverage ― you can hire your own counsel and the insurer, not you, must pay for that counsel. More specifically, in determining whether to head into a relationship with its insured once a claim has been […]
