Condo developer not shielded from suit by hurdles written into bylaws
Condo developers in Cambridge tried to cut back the big risk of lawsuits coming back against them from the Condominium Unit Owner’s Association by putting into the Condo docs hurdles for bringing suit. In the case Trustees of the Cambridge Point Condominium Trust v Cambridge Point LLC (SJC 2018), the bylaws of a 42 unit… Read More »Condo developer not shielded from suit by hurdles written into bylaws
Developers' risks in Massachusetts now include suits from the Condominium Association over negligent construction or design of common areas. Bewildering "economic loss rule" not applied. Massachusetts Supreme Judicial Court just decided Wyman v Ayer Properties LLC 469 Mass 64 (2014) deciding that Condominium associations can sue builders who construct common areas negligently. My write up… Read More »Condo Assn Recovers from Negligent Developer
Commercial Landlord Early Termination Damages – Write it In
Massachusetts' top Court just decided a case that commercial landlords will not want to miss. If your lease doesn't call out how to measure damages after a tenant defaults, you may have to wait until the end of the original lease term to recover. 275 Washington Street Corp. v Hudson River International 465 Mass 16… Read More »Commercial Landlord Early Termination Damages – Write it In
Building code violations -evidence of negligence? Only sometimes.
If someone gets hurt on your property does every building code violation come in as evidence of negligence? A recently decided Massachusetts case Sheehan v Weaver 467 Mass 734 (2014) considered the question and said it depends on the commercial or residential characteristics of the part of the property involved. William Sheehan lived in a… Read More »Building code violations -evidence of negligence? Only sometimes.
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 ordinance passed in 2013 applies to 1050 large buildings in 2014 with more buildings subject to the rules every year. An Energy Star website Portfolio Manager simplifies the owners’… Read More »Boston to Owners of the 1050 Biggest Buildings – Disclose Energy & H2O Use Annually
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