In recent years, environmental concerns, skyrocketing electricity costs, and tax incentives have led to a boom in both residential and commercial use of solar panels. Stated differently, the masses have flocked to solar not...more
6/15/2023
/ Arbitration ,
Climate Change ,
Contract Terms ,
Due Diligence ,
Energy Projects ,
Energy Tax Incentives ,
Fair Market Value ,
Financing ,
Installation Services ,
Leases ,
Maintenance ,
Mediation ,
Property Owners ,
Rebates ,
Rent ,
Repairs ,
Solar Energy ,
Solar Panels
A Massachusetts Superior Court judge recently ruled that the doctrine of frustration of purpose excused Caffè Nero, a high-end coffee shop, from paying rent while its business was shuttered by government mandate. Although the...more
2/23/2021
/ Business Closures ,
Business Interruption ,
Commercial Leases ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Frustration of a Common Purpose ,
Governor Baker ,
Landlords ,
Re-Opening Guidelines ,
Rent ,
Rental Property ,
Restaurant Industry
In a business where time is money, large construction projects – at least those that are properly managed – proceed at a feverish pace. To keep up, project managers up and down the chain are often forced to communicate with...more
Imagine the following. A developer consults with an architect in 2020 about a six-building condominium project. The architect promptly produces a set of plans, which are stamped by an engineer. Over the next three years, the...more
The Facts: Goreham v. Martins, No. SJC 12761, 2020 WL 3407710 (Mass. June 22, 2020) -
On a cold day in January 2010, Robert Goreham exited his apartment through the rear fire escape and walked down the building’s driveway...more
As public health measures slow the spread of COVID-19, the Commonwealth and its municipalities have begun to ease restrictions on commercial activity, including construction. But it’s far from business as usual on job sites....more
6/3/2020
/ Construction Industry ,
Contractors ,
Coronavirus/COVID-19 ,
Governor Baker ,
Health and Safety ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Reporting Requirements ,
Social Distancing ,
State and Local Government ,
Workplace Safety
In cases allegedly involving an interest in real property, the Massachusetts lis pendens statute, G.L. c. 184, § 15, allows the defendant to file a special motion to dismiss frivolous claims. If the trial court allows the...more
5/18/2020
/ Affidavits ,
Appeals ,
Buyers ,
Frivolous Lawsuits ,
Land Owners ,
Land Titles ,
Lenders ,
Lis Pendens ,
Litigation Fees & Costs ,
MA Supreme Judicial Court ,
Motion to Dismiss ,
Recording Statutes ,
Responsive Pleadings
On Monday, March 9, we dusted off the weekend cobwebs, packed ourselves into commuter trains and buses, and headed to work or school like we always do. Most of us viewed COVID-19 as a distant public-health aberration, just...more
In response to the public-health crisis caused by the spread of COVID-19, Mayor Walsh has ordered all construction activity halted in Boston, effective March 17, 2020. The order carves out exceptions for emergency utility...more
On March 6, 2020, just a day after hearing oral argument, the Supreme Judicial Court reaffirmed the longstanding principle that abutting landowners have standing to challenge the application of zoning bylaws only if they...more
3/10/2020
/ Adjacent Property Owners ,
Administrative Appeals ,
Appeals ,
Building Permits ,
City Planning Departments ,
Density Bylaws ,
Homeowners ,
Housing Developers ,
Injury-in-Fact ,
Land Courts ,
MA Supreme Judicial Court ,
Pleading Standards ,
Reversal ,
Standing ,
Zoning Laws
The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more
2/11/2020
/ Cause of Action Accrual ,
Condominium Associations ,
Condominiums ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Land Developers ,
Land Owners ,
MA Supreme Judicial Court ,
Negligent Construction ,
Property Improvements ,
Question of Law ,
State Law Tort Claims ,
Statute of Repose ,
Substantial Completion
If you’re seeking a special permit for a project, be prepared to prove that your proposal complies with the town’s bylaws.
First things first. What is a special permit?
Generally, a special permit allows an applicant to...more
6/21/2019
/ Appeals ,
Burden of Proof ,
Bylaws ,
City Councils ,
Expert Testimony ,
Housing Developers ,
Land-Use Permits ,
Litigation Strategies ,
Real Estate Development ,
Special Use Permit ,
Urban Planning & Development ,
Variances ,
Zoning Board of Appeals ,
Zoning Laws
As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more
6/14/2019
/ Appeals ,
Common Areas ,
Condominium Associations ,
Condominiums ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Deed of Trust ,
Default ,
Easements ,
Foreclosure ,
Lenders ,
Mortgage Interest ,
Property Owners ,
Real Estate Development ,
Reservation of Rights ,
Right of Access