The Spearin Doctrine, Mass Law Review – 2017 Case Comment
By: Kenney & Sams, P.C.
One of the ancient, bedrock principles of construction law is that where “the contractor is bound to build according to plans and specifications prepared by the owner, the contractor will not be responsible for the consequences of defects in the plans and specifications.”[1] Known as the Spearin doctrine, the Supreme Judicial Court recognized it […]
Should You Even Bother Filing a Mechanic’s Lien?
By: Kenney & Sams, P.C.
In recent years there have been some developments in the Massachusetts mechanics’ lien law that have made both lawyers and construction clients question the level of protection afforded by mechanics’ liens. More specifically, there have been a number of cases where a general contractor or first tier subcontractor has gone broke during the middle of a […]
Insurance Agents: Order Takers or Advisors?
By: J. Nathan Cole, Esq.
What is an insurance agent’s legal duty? In Massachusetts, an insurance agent is usually considered an “order taker.” This means that an insurance agent must get its customer the insurance that the customer requested or the insurance that the agent promised to obtain. If the agent is unable to do so, then the agent must tell […]
Legalization of Marijuana, What Exactly Does This Mean for Employers?
By: Kenney & Sams, P.C.
On December 15, 2016, recreational marijuana use became legal in Massachusetts. The new law legalizes the use and possession of up to one ounce of marijuana in public, and up to 10 ounces of marijuana at home for individuals 21 and older. The law also permits possession of up to six marijuana plants per person, with a maximum […]
Mastering the Unspoken Word
By: Kenney & Sams, P.C.
Trial lawyers are professional communicators. As such, we must take care to accurately and effectively convey our message and interpret the true meaning of messages we receive from judges, jurors, witnesses, and opposing counsel. This is all much harder than it seems. Studies show that 93% of our message is based on nonverbal communication. Contrary to […]
Human Resource Departments: Immediate Action Required Under the Defend Trade Secrets Act
By: Kenney & Sams, P.C.
WHEN: Beginning on May 12, 2016, a new federal law requires all employers to provide a notice-of-immunity to employees and contractors “in any contract or agreement with an employee [or consultant or independent contractor] that governs the use of a trade secret or other confidential information.” This requirement applies “to contracts and agreements that are entered […]
5 Easy Ways Companies Can Decrease Employment Risk, And Keep Employees Happy
By: Kenney & Sams, P.C.
There’s nothing more frustrating for a manager or business owner than when an employee repeatedly fails to meet expectations. Know what else feels frustrating? Being disciplined by a manager for job expectations that were never properly communicated.
A fundamental principle of employment law is that an employer’s unfair, unkind treatment alone is not illegal. Yet, nine times […]
Does a Homeowner’s Oral Waiver of Building Code Violation Protect the Contractor Against Liability?
By: Kenney & Sams, P.C.
The Underlying Lawsuit
In Downey, et al. v. Chutehall Construction Co., Ltd., the Massachusetts Appeals Court recently held that a contractor cannot evade M.G.L. c. 93A liability for a building code violation, even if the homeowner orders the non-compliant work to be performed. Consistent with the Court’s prior interpretations of the Massachusetts Home Improvement Contractor Statute, the […]
Imminent Changes To Wage Laws Will Require Overtime Pay For 110,000 Salaried Massachusetts Employees
By: Kenney & Sams, P.C.
Employers with salaried employees beware: the federal Department of Labor is set to issue new regulations that will require Massachusetts employers to pay overtime to the 110,000 currently salaried workers making less than $50,440 per year. And while the regulations were originally scheduled to take effect in July 2016, some sources think the new rule could […]
Help! Is My Customer List a Trade Secret?
By: Kenney & Sams, P.C.
At some point, most commercial and intellectual property litigators have faced this situation. Your client comes to you, furious: A trusted employee has left the company and struck out on his own, and taken your client’s customer list with him. Can your client do anything to prevent this former employee from stealing its customers?
Without contractual protection, […]