News2025-02-07T05:43:31-05:00

Court Finds that Pre-Judgment Interest Accrues from Date of Improperly Denied Claim

By John F. Nagle

On April 25, 2025, in Peoplesbank v. Certain Underwriters at Lloyd’s, London, the Massachusetts Court of Appeals found that statutory pre-judgment interest had begun to accumulate on the date that an insurer (Lloyd’s) had improperly denied a claim by a lender (Peoples) under a builder’s risk policy. The decision added nearly 3 years of additional interest […]

May 14th, 2025 - 8:21am|Categories: Articles & Publications, Construction and Real Estate Development|

Admiral Insurance Company v. Tocci Building Corporation

By: Michael P. Sams, Esq., Herling D. Romero, Esq., Vincent Purcell

In Admiral Insurance Company v. Tocci Building Corporation (“Admiral”), the First Circuit held that a commercial general liability insurer is not obligated to defend and indemnify its insured general contractor for property damage caused by other subcontractors’ defective work, on an ongoing project.

In Admiral, Tocci […]

May 14th, 2025 - 8:17am|Categories: Articles & Publications, Construction and Real Estate Development|

Wire Fraud Scams — Take Care and Beware

By John G. Hofmann

Perhaps you’ve heard some of the following terms — hacking, spoofing, phishing, or wire transfer fraud.

“Wire transfer fraud” and “business email compromise” (“BEC”) refer to a variety of sophisticated email scams that are designed to target businesses.  Commonly targeted businesses include owners, contractors and construction companies (as they handle large payments between and […]

May 14th, 2025 - 8:13am|Categories: Articles & Publications, Business Litigation|

Use of Artificial Intelligence in Hiring: What Massachusetts Employers Should Know

By Laura M. Raisty

Artificial intelligence (AI) is changing the way companies across the country – and here in Massachusetts – hire new employees. Many employers are turning to technology like automated resume screeners, chatbots, and video interview tools to help sort through job applications and choose the best candidates more quickly. These tools promise speed and convenience, and […]

May 1st, 2025 - 8:22am|Categories: Articles & Publications, Employment Law|

Kenney & Sams Announces Opening of its Rhode Island Office

For nearly 20 years, Kenney & Sams, PLLC, has served clients across New England from our offices in Boston and Southborough, Massachusetts.  As our firm has grown, so have our clients, with their operations often extending beyond state lines. To continue delivering trusted and valued client services, Kenney & Sams is excited to announce that on May 1, 2025 […]

April 24th, 2025 - 3:25am|Categories: Articles & Publications|

***NEWS FLASH*** Attn: Contractors and Construction Companies — We’re UPDATING Our Update

By: Michael P. Sams, Esq., John G. Hofmann, Esq.

Governor Healey’s Executive Order Promotes Use of Project Labor Agreements (PLAs) for Certain State Construction Projects

Following closely on the heels of signing a major economic development bill, in November 2024 — which Kenney & Sams discussed here — on March 11, 2025, Governor Healey issued an Executive Order that […]

March 14th, 2025 - 10:33am|Categories: Articles & Publications, Construction and Real Estate Development|

Did You Know There Is A Statute That Governs A Home Improvement Contract Between Homeowner And Contractor… And There Are Recent Statutory Changes

By: Michael P. Sams, Esq., John G. Hofmann, Esq.

Introduction

The legislature enacted the Home Improvement Contractor (“HIC”) statute, G.L. c. 142A, on July 1, 1992. At the time, there was a perception that too many home improvement projects were ending in disagreement as the result of confusion in what the parties agreed to in their contract. Many contracts were […]

March 1st, 2025 - 5:29am|Categories: Articles & Publications, Construction and Real Estate Development|

Attention Contractors and Construction Companies — Legislative Update

By: John Hofmann

New Economic Development Bill Provides Investments for Public Works and Promotes Project Labor Agreements (PLAs) for Future Public Construction Projects

On November 14, 2024, the state Legislature passed a wide-ranging economic development bill. This bill is the statewide plan put together by the Executive Office of Economic Development at the start of every Governor’s four-year term of office, […]

February 12th, 2025 - 12:05pm|Categories: Articles & Publications, Construction and Real Estate Development|

Employers Do Not Need To Meet A Heightened Standard Of Proof To Establish That An FLSA Exemption Applies

By: Michelle De Oliveira

In a unanimous decision, the United States Supreme Court held, in E.M.D. Sales, Inc. v. Carrera, that employers are not required to meet a heightened standard of proof to establish that a Fair Labor Standards Act (FLSA) exemption applies. Rather, employers need to meet a lower preponderance of the evidence standard, the default standard of proof […]

February 12th, 2025 - 12:04pm|Categories: Articles & Publications|

Securing Payment: The Power of Bond Claims on Public Construction Projects

By: Matthew Madden

Payment bond claims play a vital role in guaranteeing that subcontractors and suppliers are paid for work completed on public construction projects. Therefore, knowing how to effectively file a bond claim is the essential first step in safeguarding your payment.

The Massachusetts Payment Bond Statute

The Massachusetts payment bond statute (G.L. c. 149, § 29) […]

February 10th, 2025 - 2:31am|Categories: Articles & Publications|
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