Amend Commercial Leases Carefully
Liquidated Damages – if a penalty – unenforceable Mass Appeals Court denies liquidated Damages Case name = Mittas Early Learning LLC v MDC Properties FACTS… Read More »Amend Commercial Leases Carefully
commercial lease
Misconduct Commercial Landlord -> 2x Damages
Commercial landlord intended to coerce tenant to give concessions beyond those from party’s agreement. Massachusetts SJC decides H1 Lincoln Inc. v South Washington Street LLC… Read More »Misconduct Commercial Landlord -> 2x Damages
Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
Five-year litigation over $16,000 ends with upholding of triple damages and attorney’s fees award. For most kinds of cases, attorneys’ fees are not a part… Read More »Bad Faith Refusal to Return Security Deposit Costs Commercial Landlord
9 Ways To Be A Good Construction Project Owner
Own the process and set the tone. Newer design and construction methods use better integration across disciplines and among parties, sometimes using Lean principles, a… Read More »9 Ways To Be A Good Construction Project Owner
Homeowners Insurance Claims in Massachusetts – How it works
You pay Massachusetts homeowner’s insurance premiums and have for years – now you have a claim for property damage. Maybe your home and some of… Read More »Homeowners Insurance Claims in Massachusetts – How it works
Solar Incentive Program in Massachusetts Updated 2017
On January 31, 2017 Massachusetts released plans for the redesign of the program to incentivize solar energy construction in the state. The DOER slideshow is… Read More »Solar Incentive Program in Massachusetts Updated 2017
No notice needed under risky mode of business theory
Self-service modes of business can create risks not present with over-the-counter sales. In a recent Massachusetts case Bowers v Wile’s the top Court found that… Read More »No notice needed under risky mode of business theory
Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
Frozen pipe property damage claim against insurer governed by statute of limitations – discovery rule doesn’t apply FACTS Building owner learned during a cold December… Read More »Massachusetts Property Damage Claim v Insurer – Not Subject to Discovery Rule
Court to Hollister – Tear Down That Entryway Stair
The staircase entry to a Massachusetts Hollister retail shop was found to be an architectural access barrier. Take it down the Board said. The store… Read More »Court to Hollister – Tear Down That Entryway Stair
Boston to Owners of the 1050 Biggest Buildings – Disclose Energy & H2O Use Annually
Boston now requires building owners to disclose annual energy and water use and greenhouse gas emissions and the City will make that data public. The… Read More »Boston to Owners of the 1050 Biggest Buildings – Disclose Energy & H2O Use Annually