A Promise to Pay Doesn’t Extend Lien Deadlines

Stan Martin | Commonsense Construction Law | January 24, 2018 Mechanic’s lien rights arise from the laws of each state; there is no common-law right to unilaterally lien someone else’s property. As such, compliance with statutory requirements and deadlines is paramount. Thus, when an owner promised to pay a sub, and the sub elected not… Continue reading A Promise to Pay Doesn’t Extend Lien Deadlines

Bad Facts Make Bad Law – Condo Version

Stan Martin | Commonsense Construction Law LLC | January 20, 2018 Condo bylaws that restrict the ability of a condo board to sue the developer came in a for a beating by the Massachusetts Supreme Judicial Court. While refusing to prohibit all restrictive bylaws, the Massachusetts high court roundly criticized the bylaws in question. Deservedly… Continue reading Bad Facts Make Bad Law – Condo Version

What Happens in Mediation Stays in Mediation

Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina | November 1, 2016 The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims.  ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct.… Continue reading What Happens in Mediation Stays in Mediation