Tips to Avoid Claims Under the Massachusetts Home Improvement Contractor Law

It is fairly common for contractors to perform residential construction work without ever executing a contract with the homeowner. Sometimes, the parties “shake on it;” other times, the contractor simply provides the homeowner with a basic invoice identifying the scope of work and a total cost. Whether you are a residential contractor or a homeowner…

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Overcoming the Strong Disfavor of Variances Under Massachusetts Law

Real estate owners planning to construct a new addition or make any other improvement to their property might have to petition for a “variance” to allow for the contemplated construction. When a variance is required and justified, the variance petitioner should do some homework prior to the variance proceedings to ensure that he or she,…

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Seller’s Remorse – The Fixed Price Option to Purchase Real Estate

It is fairly common for lessors and lessees of real property to include in long-term lease agreements an option to purchase the property. Often, such options to purchase establish a fixed price. Establishing a fixed price option gives rise to substantial risk of which owners/lessors in particular should be wary. Whether you are a commercial…

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Sexual Harassment in the Workplace an Employer’s Primer to Being Proactive

In the current climate, all employers need to take steps to educate their workforces about and protect them from sexual harassment. In many cases, existing policies and training are inadequate and should be updated. As employers make this issue a priority, this primer will be useful. WHAT IS SEXUAL HARASSMENT? At its core, sexual harassment…

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Business Sales/Purchases: Important Considerations

While the mechanics of handling a business sale or acquisition are fairly routine, the underlying issues that must be identified and addressed are typically far more critical. BUYER’S CONSIDERATIONS Choice of business entity is often the first decision a Buyer must make. There are fundamental differences between limited liability companies, corporations, and other entities, including…

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Liability Protection in 2019

Business and investment assets are subject to varying degrees of attack by creditors. Understanding the actual protection which your assets enjoy (or don’t enjoy) is important during difficult economic times. While I am unable to cover all of the various aspects regarding choice of entity, e.g., income tax implications, the cost of formation and annual…

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The Limited Liability Company – Today’s Entity of Choice

There are many reasons why the limited liability company (“LLC”) has become the entity of choice for many business owners. Such reasons include limits on liability, favorable tax treatment, protection from creditors and its suitability for succession planning. OWNERSHIP OF COMMERCIAL REAL ESTATE In general, any liability stemming from a business operated within an LLC…

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