Social Security and Rep Payees

The Social Security Administration (“SSA”) has long used the representative payee program to designate who will manage the funds of a minor or incapacitated beneficiary. As demand for this program is growing, the government is reviewing how the program functions and the role of a representative payee (also referred to as a “rep payee”). The…

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Contractors Beware: Know When You Really Last Performed on the Project

We previously featured a construction law article concerning the timing requirements for “perfecting” a general contractor’s or subcontractor’s mechanic’s lien on private construction projects in Massachusetts. That article, titled “What You Need to Know About Massachusetts Mechanics Liens,” provided contractors with an overview of how properly to record and prosecute liens against a project owner…

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Demands for Direct Payment on Public Construction Projects

Many subcontractors, after substantially completing their work, find themselves eagerly awaiting payment from their project general contractor – beyond the contractual deadline for payment. In such a situation, the general contractor also might be awaiting payment from the awarding authority for various reasons, even if the associated subcontractor’s work is fully completed. For example, the…

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Know Your Collateral: Unique Risks in Lending to Condominium Projects

When a real estate developer seeks financing from a lender in connection with a construction project, it is common for the lender to receive a mortgage from the developer on the property to be developed. This mortgage, along with the associated loan agreement and promissory note, constitutes security for the money loaned to the developer….

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Quick Tips for Project Owners Negotiating Construction Agreements

Prior to breaking ground, the project general contractor typically presents the project owner with a construction agreement using form language published by one or more of the (i) American Institute of Architects (AIA), (ii) Design- Build Institute of America (DBIA), and (iii) ConsensusDocs. Owners should pay particular attention to, among the many provisions in these…

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Drafting Trusts to Protect Your Children Against Divorce/Creditors

The Massachusetts Supreme Judicial Court recently issued its decision in the highly anticipated case of Pfannenstiehl v. Pfannenstiehl providing clarity to the lower courts on whether a spouse’s interest in a discretionary, spendthrift trust is subject to division as a marital asset in a divorce proceeding. The Supreme Judicial Court concluded that the husband’s interest in an…

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