Boston Construction Lawyer, Massachusetts, page 3

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Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

Jena M. Caruso

Eminent Domain, Banking & Finance, Labor Law, Construction
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James S. Singer

Construction, Real Estate, Estate Planning, Family Law
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Robert D. City (1940-2009)

Collaborative Law, Construction, Estate Planning, Family Law
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Carl E. Fumarola

Construction Contracts, Complex Litigation, Bad Faith, Commercial Insurance
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Francis R. Powell

Construction, Banking & Finance, Personal Injury
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John J. McDonnell

Other, Construction, Banking & Finance
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David A. Marsocci

Land Use & Zoning, Housing & Construction Defects, Construction, Banking & Finance
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Kathleen M. Allen

Construction, Wills, Wills & Probate, Banking & Finance
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Brian Keane

Construction, Admiralty & Maritime, Products Liability, Animal Bite
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Michael R. Rawson

Construction, Bad Faith Insurance, Products Liability, Medical Malpractice
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LEGAL TERMS

VARIANCE

An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in acco... (more...)
An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in accordance with your city's setback requirement, you could apply at the appropriate office for a variance allowing you to build closer to a boundary line.

HOMESTEAD DECLARATION

A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that ... (more...)
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.

HOMEOWNERS' ASSOCIATION

An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as... (more...)
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as salting and sanding a subdivision when it snows and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.

SPECIFIC PERFORMANCE

A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the ... (more...)
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the winner.

EASEMENT BY PRESCRIPTION

A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten year... (more...)
A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten years and you've never complained, they probably have an easement by prescription through your yard to the trail.

VESTED REMAINDER

An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will ... (more...)
An unconditional right to receive real property at some point in the future. A vested interest may be created by a deed or a will. For example, if Julie's will leaves her house to her daughter, but the daughter gains possession only after Julie's husband dies, the daughter has a vested remainder in the house.

COVENANT

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)
A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.

DEED IN LIEU (OF FORECLOSURE)

A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept... (more...)
A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept ownership of the property in place of the money owed on the mortgage. Even if the lender won't agree to accept the property, the homeowner can prepare a quitclaim deed that unilaterally transfers the homeowner's property rights to the lender.

FAIR HOUSING ACT & FAIR HOUSING AMENDMENTS ACT

Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts... (more...)
Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts apply to all aspects of the landlord/tenant relationship, from refusing to rent to members of certain groups to providing different services during tenancy.

SAMPLE LEGAL CASES

SMYRNA REBAR, INC. v. MODERN CONTINENTAL CONSTRUCTION COMPANY, INC.

75 Mass. App. Ct. 1103 (2009). SMYRNA REBAR, INC. v. MODERN CONTINENTAL CONSTRUCTION COMPANY, INC., & others. No. 08-P-59. Appeals Court of Massachusetts. September 11, 2009. Decision Pursuant to Rule 1:28. Judgments affirmed.

DiFiore v. American Airlines, Inc.

... was correct. [10]. 2. Discussion. The question before us is one of statutory construction. Where the meaning of a statute is not plain from its language, familiar principles of statutory construction guide our interpretation. We look ...

Wheatley v. Massachusetts Insurers Insolvency Fund

... Moreover, the issue in this case is one of statutory construction, which we also review de novo. Commerce Ins. Co. v. Commissioner of Ins., 447 Mass. 478, 481 (2006). ... [13]. Other rules of statutory construction are operative in this case. ...