According to Black’s Law Dictionary, the legal principle of “equity” denotes a “spirit and habit of fairness, justness, and right dealing.” Given the ambiguous nature of what is “fair” and “unfair,” the application of equitable principles in our courts of law can lead to surprising outcomes. Take a recent Massachusetts case, Bonina v. Sheppard, in […]
Category: Breach of Contract
Construction suppliers are often put at risk when they provide materials on credit to contractors that abandon or are terminated from the projects to which the materials were supplied. This is especially true when the contractors in question are sole proprietors or limited liability companies operating as pass-through entities for their owner(s) that cannot overcome the […]
After several years of stalled attempts, the Massachusetts Legislature has passed a comprehensive though largely self-defeating bill regulating the use of non-competition agreements. The bill, which was appended to a larger economic development package signed by Governor Baker on August 10, 2018, will become effective to all non-competes executed on or after October 1, 2018, and […]
In order to be enforced by a court in Massachusetts, agreements to restrict an employee’s future employment, i.e. “non-competition” agreements, must be (1) necessary to protect the legitimate business interests of the employer, (2) reasonable in time and scope, (3) bargained for between the parties and (4) consistent with the public interest. A recent ruling from […]
A recent personal injury case demonstrates that commercial property owners simply cannot be too cautious when it comes to ensuring their status as an additional insured on certificates issued to their tenants and contractors.
In Boston Scientific Corp. v. Lee, the United States District Court in Massachusetts provided several considerations that weigh against restricting an employee’s right to work for competitors solely because the terms of a confidentiality or “non-disclosure” agreement have been breached.
Companies in Massachusetts must take proactive steps to prevent the improper use of confidential business information by their employees and associates, or risk losing protection of that information under the law.
The recent Massachusetts case should deter developers and contractors from making misleading representations as to when and how outstanding invoices for additional services or materials will be paid
Subcontractors who are denied extra time to complete their work in light of project delays they did not cause should be aware of their right to collect damages from the general contractor for breach of the standard “No Damages for Delay” clause included in most large subcontracts.
A federal judge, in acknowledging recent trends in Massachusetts case law and the Restatement of Restitution and Unjust Enrichment, allowed a supplier to recover against the general contractor under Quasi-Contractual theories of unjust enrichment and quantum meruit.