Nonantum Construction Lawyer, Massachusetts

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

Christopher P. Hamilton

Construction, Business Organization, Banking & Finance, Products Liability
Status:  In Good Standing           

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Scott M. Vaughn

Business Organization, Construction, Contract, Real Estate
Status:  In Good Standing           

Adam Dash

Construction, Wills & Probate, Family Law, Corporate
Status:  In Good Standing           Licensed:  34 Years

Andrea Goldman

Construction, Mediation, Arbitration, Business
Status:  In Good Standing           

Anita Shakeh Agajanian

Construction, Real Estate, Lawsuit & Dispute, Government
Status:  In Good Standing           Licensed:  28 Years

Barry D. Lang

Construction, Labor Law, Disability, Accident & Injury
Status:  Inactive           Licensed:  31 Years

Brook Graham Rosenbaum

Construction, Government Contract, Elder Law, Contract
Status:  Inactive           Licensed:  21 Years

Bruce Tribush

Commercial Real Estate, Construction
Status:  In Good Standing           Licensed:  34 Years

Bruce I. Tribush

Commercial Real Estate, Construction
Status:  In Good Standing           Licensed:  34 Years

Cecilia Tyree Gordon

Construction, Real Estate, Leisure, Business
Status:  In Good Standing           Licensed:  24 Years

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LEGAL TERMS

LANDLORD

The owner of any real estate, such as a house, apartment building or land, that is leased or rented to another person, called the tenant.

SUBLEASE

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.

SHARED EQUITY MORTGAGE

A home loan in which the lender gets a share of the equity of the home in exchange for providing a portion of the down payment. When the home is later sold, the... (more...)
A home loan in which the lender gets a share of the equity of the home in exchange for providing a portion of the down payment. When the home is later sold, the lender is entitled to a portion of the proceeds.

FORFEITURE

The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the lan... (more...)
The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the landlord knows it is a drug-dealing site but fails to stop the illegal activity. Or, you may have to forfeit your driver's license if you commit too many moving violations or are convicted of driving under the influence of alcohol or drugs.

ARBITRATION

A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.

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.

NET LEASE

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

REFORMATION

The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usual... (more...)
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usually made by a court when both parties overlooked a mistake in the document, or when one party has deceived the other.

CONTINGENCY

A provision in a contract stating that some or all of the terms of the contract will be altered or voided by the occurrence of a specific event. For example, a ... (more...)
A provision in a contract stating that some or all of the terms of the contract will be altered or voided by the occurrence of a specific event. For example, a contingency in a contract for the purchase of a house might state that if the buyer does not approve the inspection report of the physical condition of the property, the buyer does not have to complete the purchase.

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. ...

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