The Massachusetts Supreme Judicial Court has held that a subcontractor’s rights to pursue a payment bond required by law on a public project can’t be nullified by contract. The payment bond law does not expressly prohibit waiver by contract, and the court had to decide whether public policy concerns preclude enforcement of a contractual waiver. […]
In real estate transactions, the statute of frauds generally requires that a signed writing be produced in order for the transaction to be valid and enforceable. The statute of frauds applies not only to real estate, but also goods worth more than $500, and guarantees, as well as those that can’t be performed within one year. As […]
Written for the Association of Corporate Counsel by Hugh J. Gorman, III of the law firm of Prince Lobel Glovsky & Tye LLP. The Massachusetts District Court Appellate Division recently upheld a municipal court trial judge’s order dissolving a mechanic’s lien because written proposals betweena contractor and a property owner were never signed. In the […]
Massachusetts has extended mechanic’s lien rights to architects, engineers and other design professionals. The law, which was signed by Mass. Gov. Deval Patrick on January 5, 2011, becoming effective on July 1, 2011, allows architects, other design professionals, and project managers to place a mechanic’s lien on property if they are not paid for their […]
Notice of Identification Proposed by MA Legislature The vexing problem of owners not knowing who is providing labor, materials or services for their project is once again being addressed by the Massachusetts legislature. Massachusetts already has a requirement that a “Notice of Contract” be filed with the county clerk prior to the filing of any […]
