Gilman, McLaughlin & Hanrahan, LLP Boston Business Law Attorneys | Massachusetts Real Estate Lawyers | Construction Law Firm 2026-10-15T18:55:58Z https://www.gilmac.com/feed/atom/ WordPress On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[What are letters rogatory, and when are they needed?]]> https://www.gilmac.com/?p=49090 2026-10-15T18:55:58Z 2026-10-15T18:55:58Z If your lawsuit depends on testimony or documents located outside Massachusetts, obtaining that evidence becomes more complicated than just issuing a subpoena. A witness may live in another state, or a corporation may keep important records overseas. Letters rogatory may provide a way to obtain evidence with the assistance of another jurisdiction’s judicial authorities. Understanding the purpose of letters rogatory and when they are appropriate can help litigants avoid unnecessary delays and protect important evidence.

How are letters rogatory different from subpoenas?

A subpoena commands a person to appear or produce specified materials within the issuing court’s lawful authority. However, a person can’t be forced to comply with a subpoena issued from a court outside their jurisdiction unless it meets certain criteria. Letters rogatory are formal requests from one court to judicial authorities in another jurisdiction requesting assistance with a legal proceeding. Depending on the circumstances, that assistance may be arranging for a witness to give testimony or provide other evidence. Situations where letters rogatory may be appropriate include:
  • When a key witness lives outside Massachusetts
  • When important evidence is located abroad
  • When the receiving jurisdiction’s procedures require judicial assistance
Letters rogatory may not always be necessary to obtain evidence from another state. When a litigant needs testimony or documents from another state, the Uniform Interstate Depositions and Discovery Act (UIDDA) may provide a more direct process.  However, not every state has adopted the UIDDA. Rather than assuming that a subpoena from Massachusetts can be enforced in a particular state, it’s better to determine how state law permits the evidence to be obtained. Choosing the wrong procedure can lead to rejected requests, additional expense or delays that affect litigation strategy. Obtaining evidence outside Massachusetts requires more than identifying a witness or locating documents. A legal professional can help you identify available options, prepare the necessary documents and coordinate with authorities in the relevant jurisdiction.  ]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[What happens when a business contract is unclear?]]> https://www.gilmac.com/?p=49087 2026-10-06T02:45:46Z 2026-10-06T02:45:46Z Business contracts are meant to give everyone a clear understanding of what is expected. However, when a deal doesn’t go as planned, the language in the contract may not always be able to provide a clear answer. Disagreements can arise when each side believes the contract means something different. What may have seemed like minor details when the contract was first signed can become an important issue once the parties no longer see things the same way.

When contract language leaves room for disagreement

Unclear contract language can create uncertainty about what each party is required to do. A contract may explain the basic terms of a business relationship but fail to address what happens if a deadline is missed, circumstances change or one party does not fulfill its obligations. When the wording can reasonably be understood in different ways, the parties may end up with conflicting interpretations and confusion about what comes next. When the parties disagree about how a contract should be interpreted, the dispute may lead to court. Courts generally look at the contract as a whole when determining what the parties may have initially intended.  The meaning of one provision may depend on the language surrounding it, particularly when different parts of the agreement appear to conflict. If one party fails to follow the terms of the contract, the dispute may also become a breach of contract claim. Depending on the circumstances, the non-breaching party may seek monetary damages for losses caused by the breach. In some situations, a court may instead order the breaching party to fulfill its obligations under the agreement, particularly when financial compensation would not be enough to address the harm. Other remedies may also be available depending on the agreement and circumstances of the dispute. A court may, for example, allow a contract to be terminated and require one party to return money or other benefits it received. Rescission may also be appropriate in certain cases, ending the agreement and releasing the parties from future contractual obligations. The remedy available will depend on the nature of the contract, the breach and the losses involved. When a business contract leaves important questions unanswered, a disagreement can become much more complicated than either side ever expected. Speaking with a qualified legal professional can help a business understand how the contract may be interpreted, what remedies may be available and how to move forward with the dispute.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Who pays for maintenance in a leased commercial property?]]> https://www.gilmac.com/?p=48984 2026-09-19T13:13:40Z 2026-09-19T13:13:40Z One issue that can lead to contention between commercial property owners and their tenants is who has to pay for maintenance. If the property begins to break down and maintenance is expensive, the tenant may say that they believed the owner would keep that property in good repair. At the same time, the owner may say that it is the responsibility of the tenant, who uses the space on a daily basis. Which side would be correct in this hypothetical example depends entirely on how the lease was constructed. It is certainly possible for a tenant to have a lease stating that their only obligation is to pay the monthly rent and that all other ongoing costs will be the responsibility of the owner. But often, the lease is set up in such a way that it shifts certain financial responsibilities to the tenant, and it is important for them to understand when this is true.

The number of nets

Commercial leases are often referred to as having nets, such as a net lease or a triple net lease. With a net lease, for example, the tenant has to cover maintenance costs, fees and taxes. With a triple net lease, they have to cover maintenance, repair costs, property taxes and building insurance. Ideally, the lease will clearly define who is responsible for the ongoing costs associated with that property, which may go far beyond the lease itself. However, there can sometimes be disputes over ambiguity in the contract or simply because one party is unaware of exactly how that contract was written and what obligations it creates. When these types of commercial property disputes arise, those involved need to know what legal steps to take.  ]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Can a landlord sue a tenant for breach of lease?]]> https://www.gilmac.com/?p=48983 2026-09-05T01:46:51Z 2026-09-05T01:46:51Z A commercial lease is a binding contract between the landlord and tenant that establishes each party's rights and responsibilities. But what happens when a business tenant fails to follow the lease terms? Potential remedies include terminating the tenancy, pursuing an eviction or seeking financial damages. However, a commercial landlord's options depend heavily on the lease language and the nature of the tenant's breach.

A carefully drafted agreement is essential

A breach of lease occurs when one party fails to perform an obligation required by the lease agreement. For a commercial tenant, that may include:
  • Failing to pay the rent
  • Using the property for unauthorized purposes
  • Failing to maintain or repair the premises when required by the lease
  • Making unauthorized alterations to the property
  • Abandoning the premises before the lease expires
Not every violation necessarily justifies the same legal remedy. The landlord should look to the lease itself, including its default and remedy provisions, to determine what steps are available. Commercial leases are often more detailed than residential leases. They typically address:
  • Rent increases
  • Maintenance and repairs
  • Insurance requirements 
  • Property use
  • Subleasing
  • Default
  • Termination
Clear language makes it easier to determine what each party must do and what remedies are available when a lease is breached. Massachusetts law will look to the parties' contractual agreements in leasing disputes. A landlord who feels their commercial tenant has breached the lease should take the following steps:
  1. Review the lease to identify the specific provision allegedly violated, along with remedies provisions
  2. Document the breach with invoices, photographs, correspondence and other evidence relating to the tenant's conduct
  3. Follow the required notice procedures outlined in the lease agreement
  4. Evaluate the available options
  5. Determine whether litigation is necessary or if the dispute can be resolved through negotiation or mediation
Speaking with a legal professional can be especially important. They can help with potential remedies, whether that's negotiation, eviction or a separate civil action.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[When should a business sue over a contract dispute?]]> https://www.gilmac.com/?p=48981 2026-08-31T19:09:47Z 2026-08-31T19:09:47Z it’s the right move for your broader business interests.

Essential considerations before filing a lawsuit

The first thing to consider is whether the other party’s conduct amounts to a genuine breach of contract. Not every disagreement or failure to meet expectations gives you grounds to sue. The terms of the agreement generally determine what each party was required to do and whether those obligations were actually breached. You should also consider the consequences of the breach. If the other party’s failure to perform has caused significant financial losses or continues to interfere with your business, taking legal action may be more appropriate than allowing the dispute to linger. On the other hand, pursuing a lawsuit over a relatively minor disagreement may not be worth the time and expense involved. The contract itself may also dictate how the dispute must be handled. Some contracts require the parties to provide notice of a breach or attempt to resolve the dispute before filing a lawsuit. Others contain arbitration or mediation provisions that can affect where and how your claim is pursued.

Make informed decisions when navigating contract disputes

Suing over a contract dispute is a significant business decision -- not simply a way to express dissatisfaction with the other party’s conduct. Getting experienced legal guidance early in the process can give you a clearer understanding of your rights, obligations and available options. This can allow you to proceed from a position of strategy rather than frustration.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Could Boston incentives make office conversions worthwhile?]]> https://www.gilmac.com/?p=48979 2026-08-30T16:26:15Z 2026-08-30T16:26:15Z You own an aging downtown office building, but half the floors sit empty and the math stopped working years ago. Turning it into apartments has likely crossed your mind, especially now that Boston and Massachusetts offer incentives to ease that leap. Whether they move your project from marginal to worthwhile depends on the details.

Making Boston incentives work for the project

Boston's main lever is money over time. The city grants a 75 percent property tax abatement for up to 29 years. Owners use a payment-in-lieu-of-taxes agreement instead of paying a standard tax bill. Qualifying projects also clear a streamlined Article 80 review and can add housing as of right downtown. That can cut some approvals from roughly eighteen months to six. These terms sit inside the city's office-to-residential conversion program, open for applications through the end of 2026.

Meeting the program's eligibility rules

Not every empty building qualifies. The program focuses on a designated conversion area, though projects elsewhere in Boston can also be considered. Participating projects must meet affordability rules, including a 17 percent set-aside for households earning up to 60 percent of the area median income. Larger Article 80 projects face an additional voucher requirement. Applications close at the end of 2026, and applicants during the extension must commit to starting construction by the end of 2027.

Turning office space into workable housing

Incentives only matter if the building can truly become housing. Deep office floor plates can leave interior areas without windows. Plumbing, elevators and egress may also need major changes to meet residential code. Reusing an existing building may reduce costs when its foundation, frame and exterior walls can stay in place. A conversion can also touch zoning, financing and construction law, so early legal groundwork for a commercial development effort can shape the whole timeline.

Keeping conversion costs from erasing the savings

A generous abatement can still vanish into construction costs. Adaptive reuse budgets climb fast once you add mechanical systems, new layouts and code upgrades. A tax break spread over decades also does little for the cash you spend today. The abatement may nudge a marginal deal into workable territory, but it cannot rescue a bad one.

Adding Massachusetts tax credits to the deal

State support can help close that cash gap. Under the 2024 Affordable Homes Act, Massachusetts created a commercial conversion tax credit that can cover up to 10 percent of eligible development costs. The award is competitive, not automatic, and may be lower than that maximum. The state must certify each project, and at least 80 percent of the completed residential units must be market rate.

Weighing whether conversion makes financial sense

The real question is whether the incentives can tip your building into profitability. Each one chips away at the cost side, yet none changes hard construction realities or a deadline calendar already running. The clearest next step is a feasibility study while the window is still open, so you can test the numbers before the 2026 and 2027 deadlines decide the issue for you.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[What belongs in a Massachusetts commercial purchase agreement?]]> https://www.gilmac.com/?p=48977 2026-08-05T06:33:00Z 2026-08-05T06:33:00Z 1. Property and included assets The agreement may identify the property and any equipment, leases, permits or other assets included in the sale. A precise description helps prevent disputes over what transfers at closing.

2. Price, deposit and financing

The contract may state the purchase price, deposit amount, payment schedule and any financing conditions. It may also explain when the seller may keep the deposit and when you may receive it back.

3. Property review and seller statements

During your due diligence, or review period, you may examine the building, leases, zoning, permits and financial records. Representations and warranties are written promises about issues such as pending disputes, existing leases and the seller’s right to complete the sale. The agreement can address inaccurate statements.

4. Title and environmental concerns

The agreement identifies easements, or rights others have to use the property, and restrictions you will accept. It also identifies liens the seller must resolve and can assign responsibility for environmental testing or contamination under Chapter 21E, Massachusetts’ hazardous material law.

5. Closing and default terms

The contract can establish the closing date, how taxes, rent and other expenses are divided and which documents each party must provide. It can also explain the consequences if the buyer or seller does not meet an obligation. It may also identify the type of deed used to transfer ownership.

Understand when your ability to negotiate changes

You generally have more control over contract terms before you sign an offer or P&S. After a document becomes legally enforceable, changing a deadline, responsibility or right to leave the deal may require the other party’s approval. Recognizing that a draft may become binding can help you evaluate its terms before committing to a commercial property purchase or sale.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Litigation options for disputing real estate partners]]> https://www.gilmac.com/?p=48973 2026-07-21T08:44:35Z 2026-07-21T08:44:35Z Legal options when facing a difficult partner Massachusetts law gives several options for resolving problems between real estate partners, such as:
  • Breach of contract claims: If a partner violates obligations in the partnership or operating agreement, another partner may ask the court to enforce the contract or pay damages.
  • Fiduciary duty claims: Partners generally owe fiduciary duties, including duties of loyalty and care, depending on the nature of the business entity and the governing agreement. When a partner places their own interests ahead of the partnership’s interest, the other partner can sue them for breach of fiduciary duty.
  • Partition actions: In some cases, the co-owners can ask the court for a partition of the property. This forces a sale or divides the physical asset.
  • Dissolution or buyout: Partners may ask the court to end the partnership, or one partner may buy the other’s share so the business can continue.
  • Injunctive relief: If a partner is causing immediate harm, such as leasing property to a company at below-market rent, the court may order them to stop the action.
Solving real estate partnership problems is about more than winning the case. Partners also need to protect their property’s value and their financial assets. Effective litigation helps partners obtain financial information, get a fair price for buying out the other partner's share and leave the partnership with fewer unresolved issues.

Securing your assets through litigation

Real estate partnership litigation is not easy, but the right legal strategy can make a real difference. Acting quickly, documenting the dispute and consulting an attorney early can give partners a chance at protecting both their investment and peace of mind.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Tracing assets across state lines during commercial litigation]]> https://www.gilmac.com/?p=48970 2026-07-05T18:13:28Z 2026-07-05T18:13:28Z When a Massachusetts business dispute turns into a judgment, the real fight often starts after the verdict. Debtors move money, retitle property and shift accounts to friendly states. Because of this, creditors and their attorneys need to trace these assets before they vanish for good.

Why Massachusetts cases often cross borders

Massachusetts hosts thousands of companies with operations in New York, Connecticut and beyond, so disputes rarely stay within state lines. A defendant can open bank accounts in Delaware, park real estate in Florida or route payments through a shell company in Nevada. As a result, attorneys who litigate in Suffolk or Middlesex County must think beyond state lines from day one.

Start with public records and discovery tools

Fortunately, Massachusetts courts allow broad post-judgment discovery. Attorneys can serve interrogatories, subpoena bank records and depose the debtor about assets. From there, investigators can pull UCC filings, property records and business registrations from other states. Together, these records reveal where money moved and who controls it now.

Use forensic accountants strategically

Once these leads surface, forensic accountants can trace fund transfers across multiple jurisdictions. They follow wire transfers, credit card statements and tax filings to build a timeline. This timeline shows exactly when assets left Massachusetts and where they landed, giving attorneys a clear map to follow. Courts respect this kind of documented evidence far more than speculation.

Coordinate with out-of-state counsel

Even with a clear trail, a Massachusetts judgment doesn't automatically reach assets in another state. For that reason, attorneys need local counsel to domesticate the judgment under that state's version of the Uniform Enforcement of Foreign Judgments Act. This step then lets creditors garnish wages, seize property or freeze accounts outside Massachusetts.

Watch for fraudulent transfers

Meanwhile, attorneys should stay alert for fraudulent transfers. Massachusetts follows the Uniform Fraudulent Transfer Act (UFTA), which lets creditors unwind transfers made to dodge a judgment. For instance, if a debtor sells property to a relative for a fraction of its value right after losing a lawsuit, that transfer can get reversed. In these cases, courts look closely at timing, price and the relationship between the parties.

Act quickly

Ultimately, assets move fast once a debtor senses trouble. That's why Massachusetts creditors who start tracing early, use every discovery tool available and bring in the right experts stand the best chance of collecting what they're owed.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[How does a variance affect commercial real estate?]]> https://www.gilmac.com/?p=48969 2026-07-05T02:15:46Z 2026-07-05T02:15:46Z deviate from the regulations in a specific way. Most properties are zoned for certain types of use, such as commercial, residential or industrial. When the zoning does not line up with the goals of the property owner, a variance may be necessary.

Running a commercial operation

A common example is when someone owns a piece of property that is zoned for residential use, but they want to start a commercial operation. If they just open the business and start operating, the local government could shut them down. If they receive a variance, they may be allowed to start commercial operations even though the properties around them remain residential. This does not actually change how the zoning works for any other property owners. A variance only applies to that one specific property and its unique situation. There are many factors that are considered when determining whether or not the variance should be granted. The government will consider how nearby property values will be affected, for example, or whether there is outspoken opposition from neighboring property owners.

Issues with commercial property

When facing any type of land use issue involving commercial property, it is imperative for owners to understand local laws, regulations, ordinances and zoning requirements. They also need to know exactly what legal steps to take, which is why it can be helpful to work with an experienced attorney.]]>