Massachusetts Mechanic’s Lien: Security interest for those who have supplied labor or materials that improve a property

Posted in Blog, Business Law by on October 13th, 2015

By: Ryan E. Prophett | Associate Massachusetts General Laws, Chapter 254, Sections 1-24, sets forth a statutory mechanism to provide security to contractors, subcontractors, laborers and suppliers for the value of their services and goods provided for the improving of an owner’s real estate. In order to perfect a Mechanic’s Lien, the contractor, subcontractor, laborer and/or supplier must f… Read More

BANKRUPTCY IS NOT THE “DEATH KNELL” OF DEBT RECOVERY

Posted in Blog, Business Law by on June 29th, 2015

By: Kevin P. McRoy, esq. | Partner You are owed money. You have made demand. That didn’t work, so you brought a lawsuit. Maybe you have even received a judgment. Just when you think you’re finally there, you receive a telephone call, or a letter from an attorney, or a notice from the court – the party that owes you money has filed for bankruptcy. Now what? Is all hope lost? Should you just… Read More

Summary process actions and how bankruptcy affects a party’s right to challenge a foreclosure

Posted in Blog, Business Law, Real Estate by on June 15th, 2015

Melo v. Villarcon: Summary process actions and how bankruptcy affects a party’s right to challenge a foreclosure On January 9, 2015, Attorney Ryan E. Prophett of Wynn & Wynn successfully represented a Plaintiff in a summary process action. Attorney Prophett argued to establish the Plaintiff’s right to a house in Randolph that he purchased at a foreclosure sale. The house was occupied by t… Read More

New Developments in Employment Law

Posted in Blog, Business Law by on November 25th, 2014

By: Janice E. Robbins | Partner Act Relative to Domestic Violence Chapter 260 of the Acts and Resolves of 2014, an Act Relative to Domestic Violence, was recently enacted in Massachusetts. Section 10 of this Act amends Chapter 149 of the Massachusetts General Laws and creates a new Section 52E. This section mandates that an employer allow its employees to take up to 15 days of leave from work an… Read More

“Strip-Offs” In Chapter 7 Bankruptcy Cases

Posted in Blog, Business Law by on November 14th, 2014

By: Raymond C. Pelote ∣Partner I recently argued a Motion for Summary Judgment in a Chapter 7 bankruptcy case in Massachusetts on an issue of first impression within the First Circuit. Although many other jurisdictions have decided this issue, the First Circuit has yet to entertain it. The issue is whether a Chapter 7 debtor can “strip-off” an unsecured mortgage lien in a Chapter 7 bankrupt… Read More

Mechanic’s Lien: Protecting the Services You Have Provided

Posted in Blog, Business Law, Real Estate by on September 8th, 2014

Under Massachusetts law, a contractor, sub-contractor, and/or supplier who has provided services and/or materials for the improvement of materials may secure their right to payment by recording a Mechanic's Lien. Unfortunately, due to the strict procedural requirements of the Massachusetts Mechanic's Lien statutes many contractors don't take advantage of its benefits. The Massachusetts law gove… Read More

Using Social Media for your Massachusetts Business

Posted in Blog, Business Law by on August 27th, 2014

Social media is an essential part of any Massachusetts business. The use of social Media in Massachusetts businesses has grown significantly in recent years. The PEW Internet and American Life Project published a recent report showing that 61% of American adults have used social networking websites such as Facebook as of November 2010, the same report shows only 46% had used social networking as o… Read More

PROCEDURE FOR OBTAINING PAYMENT OF A DEBT AFTER DEBTOR’S DEATH

Posted in Blog, Business Law by on July 31st, 2014

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By: Dianna M. Gallagher, Esq. Under the Massachusetts Uniform Probate Code, effective March 31, 2012, a creditor of a deceased debtor must bring an action against the debtor’s estate within one year of the debtor’s date of death or else the creditor’s claim is barred. See Mass. Gen. Laws Chapter 190B, Section 3-803(a). The creditor must also, within that one-year period, serve process on… Read More

Developments in Premises Liability

Posted in Blog, Business Law, Personal Injury by on July 31st, 2014

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Building Code Violations and Strict Liability By: James M. McCarthy, Esq. The Supreme Judicial Court of Massachusetts (“SJC”) recently clarified prior disagreement between the statutory construction and caselaw interpretation of strict liability for violation of state building codes in Sheehan v. Weaver, 467 Mass. 734 (2014). The Court in Sheehan came to a twofold interpretation of strict… Read More

Termination of Employee

Posted in Blog, Business Law by on July 30th, 2014

Termination of employee
By: Anthony T. Panebianco, Esq.      Massachusetts General Laws c. 149 §148 states that the “employee discharged from…employment shall be paid in full on the day of his discharge.” The law views this as a strict liability offense, meaning that an employer cannot raise any defense as to why the discharged employee was not paid on the date of termination. For example, a defendant employe… Read More