Condition Precedents in Construction Contracts: Need I Comply?
Construction contracts almost always contain condition precedents that must occur before a contract becomes effective or an obligation to perform arises. Under Massachusetts law, if the condition precedent is not fulfilled, the contract, or the obligations attached to the condition, are unenforceable. Thus, if condition precedents are not met in accordance with the contract, the […]
Reservation of Rights Letter…The Insurer’s Prenuptial Agreement with its Insured
When an insurance company agrees to defend you but reserves the right to disclaim coverage later ― you can hire your own counsel and the insurer, not you, must pay for that counsel.
More specifically, in determining whether to head into a relationship with its insured once a claim has been filed, an insurer, like a […]
Are Out-Of-State Employees Afforded Protections Under The Massachusetts Wage Act And Massachusetts’ Anti-Discrimination Statute?
By: Michelle M. De Oliveira and Herling Romero
The question of whether an out-of-state employee may reap the benefits of Massachusetts law, including the Massachusetts Wage Act, requires an important analysis that is both in-depth and fact specific.
In Wilson v. Recorded Future, Inc., et al., the United States District […]
National Labor Relations Board Expands Joint Employer Rule
On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a Final Rule that revises the applicable standard to determine whether two or more entities may be considered joint employers under the National Labor Relations Act (“NLRA”). The test is more expansive than the previous test and […]
Considerations for Employers Facing Challenges to Workplace DEI Policies
By: Gregory Vanden-Eykel and Parker L. Williams
In June 2023, the United States Supreme Court issued its decision in the Students for Fair Admissions, Inc. v. President and Fellows of Harvard College case (“SFFA”) and curtailed the use of affirmative action in college admissions. Specifically, the Court held that the University […]
5 Tips for Responding To A Chapter 93A Demand Letter
By: Alex R. Zwillinger, Esq. and Jessica A. Hartman, Esq.
Oftentimes, the first our construction clients hear that their customers are dissatisfied is when they receive a Chapter 93A demand letter, crammed with legalese, alleging bad work and “unfair and deceptive trade practices,” and demanding payment for damages.
Understandably, many contractors are unfamiliar with Chapter 93A, […]
Massachusetts False Claims Act: Ignorance Is Not Bliss
By: Anthony B. Fioravanti, Esq.
A recent Massachusetts Superior Court case serves as an important reminder that contractors working on public projects must ensure that their subcontractors comply with prevailing wage laws. A failure to do so can put the contractor at risk under the Massachusetts False Claims Act (the “False Claims Act”) and expose the […]
Kenney & Sams Attorneys Named to 2023 Boston Magazine Top Lawyers List
Kenney & Sams is proud to announce, for the third consecutive year, the following attorneys have been recognized by Boston magazine as a “Top Lawyer” in 2023, which recognizes lawyers in the Greater Boston area for their excellence in legal work:
- Christopher A. Kenney – Civil Law Litigation
- Michael P. Sams – Construction
Kenney & Sams Named One of the Best Places to Work
Kenney & Sams is proud to announce our Firm has been named one of the 2023 Best Places to Work: Law Firms.
Conducted in partnership with Best Companies Group, this program honors firms that prioritize their employees’ well-being and creates a positive work environment. Kenney & Sams was one of only 28 law firms nationwide, five of […]
Kenney & Sams Named Among 2024 “Best Law Firms” by Best Lawyers®
Kenney & Sams is pleased to announce our Firm has been recognized in the 2024 Best Lawyers® “Best Law Firms” list with five national and eight metro rankings.
To be eligible for a 2024 ranking, a law firm must have at least one lawyer recognized in the 2024 edition of The Best Lawyers in America® in a […]