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 […]
Category: Breach of Contract
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.
Unlike a Superior or District Court jury trial, there is usually no right to automatic appeal of mandatory arbitration decisions.
If you are a high-volume material supplier, you never want to allow customers to fall behind on their invoices or, even worse, find yourself without recourse against that unscrupulous contractor who makes no effort to catch up on its invoices, but instead attempts to “ride off into the sunset.” Here are five tips to avoid […]