Latest Blog Posts

Extinguishing Easement Rights

Junkala v. DeCarolis Bros., Inc. and its legal successors and assigns Worcester Superior Court C.A. 1585CVO1869 Our office extinguished a substantial easement over the plaintiff landowner’s property under the theories of abandonment and frustration of purpose.

Successful Opposition to Mandatory Arbitration Clause & Limitation of Statutory Payment Bond Remedies

Bridgeline v. Linwood Construction, LLC et al. Middlesex Superior Court C.A. 2014-07133-B Successfully defended efforts by the defendant general contractor and surety company to compel arbitration of plaintiff subcontractor’s payment bond claim, which would have severely limited the subcontractor’s rights to full recovery. Instead, a six-figure settlement was obtained that compensated the subcontractor client for its […]

Securing Creditor’s Rights in Bankruptcy Court

Weaver v. 89 Commercial Road, LLC Worcester Superior Court C.A. 2014-00977 United States Bankruptcy Court (D. Mass) No. 2014-41634 Our client was awarded the full principal and interest due to him under a promissory note from the Chapter 11 debtor, following attachment of the debtor’s single asset in state court and the successful re-negotiation of the debtor’s Chapter 11 bankruptcy […]

Successful Defense of Unpaid Overtime Claims

Freehart et al. v. Charlton Welding et al. Worcester Superior Court C.A. 2013-0633-C Our office successfully moved for summary judgment in favor of the defendant (a commercial trucking company) on all of the plaintiffs’ overtime claims, worth approximately $186,000.00, after the plaintiffs were determined to be exempt from mandatory overtime pay under the state and federal motor carrier exemptions.

Recovery for Commercial Property Damage/Unfair Settlement Practices

Miso, Inc. v. Dias et al. Worcester Superior Court C.A. 2013-01040-D Full market value of automotive garage destroyed by gasoline explosion recovered on behalf of property owner from tenant’s out of state insurer. With the assistance of fire recreation and real estate appraisal experts, firm presented compelling evidence of tenant’s negligence and pressed claims for […]

Action for Adverse Possession and Quiet Title to Land

Duclos v. O’Leary et al. Middlesex Superior Court C.A. 2013-00642 Successful action to quite title to client’s Marlborough property. Property had never undergone probate after the last owner with clear title passed away in 1943, and client had received defective deeds in 1981 from the “then-known” heirs.

Proving Acceptance of Materials Supplied/Real Estate Attachment

Auburn Winwater Works Co. v. Environic Solutions Newton District Court C.A. 1312 CV 131 Summary judgment entered in plaintiff supplier’s favor on all claims and counterclaims, upon showing that contractor had “accepted” all materials under the UCC, and that contractor’s failure to read or understand terms of the parties’ credit agreement was not a cognizable […]

Proving Notice of Public Payment Bond Claim

H.R. Prescott & Sons, Inc. v. Western Surety Co. et al. Middlesex Superior Court C.A. 2011-03871-B Successfully established defendant surety company’s “actual notice” of client’s bond claim within statutory time frame, prompting six figure settlement.

Breach of Contract for Non-Payment

G.S. Redlon & Sons vs. Intech, Inc. Marlborough District Court C.A. 200921CV345 Successfully prosecuted and proved at trial general contractor’s claims that it was due its contract balance for nonpayment, and successfully defended against owner’s claims that general contractor did not complete its work and perform in a workmanlike manner. The jury found the general […]

Defending a Bid Protest

Easton Winwater Works Co. and Town of Burlington advs. Mass Installation Prevailed at the Attorney General’s Office and successfully defended against a bid protest filed by another bidder alleging Easton Winwater Works’ low bid was not responsive and therefore not eligible due to wage rates.