Gilman, McLaughlin & Hanrahan, LLPBoston Business Law Attorneys | Massachusetts Real Estate Lawyers | Construction Law Firm2024-03-15T19:23:12Zhttps://www.gilmac.com/feed/atom/WordPressOn Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488192024-03-15T19:23:12Z2024-03-15T19:23:12ZLetters rogatory
Letters rogatory are formal requests from a Massachusetts court to another state's court for judicial assistance. Courts often use these requests to obtain evidence or serve legal notices abroad.
The execution of letters rogatory falls under the rules of comity. Comity refers to the mutual respect between courts of different jurisdictions. It is the informal and voluntary recognition of another jurisdiction's laws and judicial decisions.
Courts typically transmit letters rogatory through diplomatic channels, which can be lengthy. Executing this process in another country may take a year or more worldwide. In contrast, domestic legal procedures take less time.
Courts use these formal submissions to take evidence and secure the enforceability of the discovery in other states and countries. This process is complex.
Subpoenas
A subpoena is a document that orders a person to appear in court or produce documents or other evidence. A court issues it within its jurisdiction to compel the presence of a witness for testimony.
Courts can enforce penalties for non-compliance with subpoenas within their own jurisdiction. When a subpoena crosses an international boundary, it becomes a mere request.
Legal professionals use both of these methods to obtain evidence in their cases. The main differences between them are their scope and enforceability.]]>On Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488182024-02-27T20:20:17Z2024-02-29T20:19:11ZDescription of the premises
A clear and detailed description of the premises in question is essential. This should include the address, square footage and any specific areas or amenities included in the lease. For example, the lease should specifically mention any parking spaces or storage areas.
Term of the lease
The term of the lease specifies the duration of the lease agreement. The landlord should clarify whether the lease is for a fixed term or if it automatically renews at the end of the initial term. Additionally, be sure to understand any provisions related to early termination or renewal options.
Use of the premises
The permitted use clause defines how you may use the leased space. Make sure this clause aligns with your intended business activities and any applicable zoning regulations. It is also important to understand any restrictions on alterations or improvements to the premises.
Repairs and maintenance
Make sure to discuss the responsibilities of both the landlord and tenant regarding repairs and maintenance of the property. This should include provisions for routine maintenance as well as procedures for handling major repairs and emergencies.
Assignment and subletting
Understand whether you have the right to assign the lease to another party. This can be important if you need to relocate your business or downsize before the end of the lease term.
The Massachusetts Office of Consumer Affairs and Business Regulation outlines the core tenant rights afforded to all commercial leaseholders in the state. Beyond these basic rights, though, negotiating for other favorable conditions in your lease contract can make all the difference for your business.]]>On Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488162024-02-15T22:17:33Z2024-02-15T22:17:33ZRule out undesired successors
A major benefit of a buy-sell document is that partners can specify who has an entitlement to their ownership share. This prevents ownership from automatically going to a spouse or an adult child in the event a partner dies. Moreover, the buy-sell can explicitly bar some individuals from receiving an interest in the business. This helps keep certain individuals and even other businesses out of your company.
Address partner bankruptcies
Sometimes a business partner encounters personal financial problems and files for bankruptcy. The partner might not be looking to sell off his or her share, but a bankruptcy trustee might decide the ownership of the business is fair game and liquidate it to satisfy the debts of the partner.
Buy-sell agreements can address this situation by treating the bankruptcy filing as an automatic offer to sell the ownership interest to the other partners. This prevents the business from becoming entangled in the bankruptcy case.
Stagger payments
Buying out another partner can become a problem if the buy-sell requires a complete lump sum payment of the entire interest. If this amount is more than the other partners can afford, it could throw the succession to someone else. This is why some buy-sell agreements include a payment method that allows the other partners to pay in installments over a course of a few years.
Buy-sell agreements can address other issues, such as establishing a fair value price for ownership interest. Once established, a buy-sell document should act as an effective shield against legal problems that might arise in a business succession.]]>On Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488152024-01-29T20:52:12Z2024-02-01T20:52:04ZProject description and scope of work
Construction contracts should begin by defining the job from top to bottom. This includes the type of work, site details and specific tasks the contractor will undertake. Leading off with a clear and detailed overview helps prevent scope creep, where a project expands beyond the original plan, increasing costs and delaying completion.
Schedule and timeline
Proper construction contracts specify start and finish dates, plus milestones and deadlines for stages of completion. This ensures that everyone understands how much must get done within particular timeframes.
Payment terms and schedule
Every building agreement should also detail the complete cost of the undertaking, payment dates and money delivery method. Clarification in this department helps immensely with fiscal planning.
Change order process
A construction project can shift as work progresses. Therefore, every starting contract should include instructions on changing the original plan. An agreed-upon protocol facilitates making adjustments without argument.
Dispute resolution
Even under the best of circumstances, disagreements sometimes arise. Because of this, construction agreements need to outline what will occur if a conflict develops. Mandating mediation as a solution could sidestep a painful court case.
Construction contracts should be mandatory for every building project. Creating one with forethought reduces the odds of trouble that may turn into litigation.]]>On Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488142024-01-25T16:20:49Z2024-01-25T16:20:49Z1. Review the contract terms
The initial step for a commercial property developer facing a contractor breach is to thoroughly review the contract terms. Understand the specific obligations and responsibilities outlined in the agreement. This can provide clarity on whether the breach is genuine and what remedies might be available.
2. Communication and mediation
Open communication is necessary in resolving contract disputes. Initiate a conversation with the contractor to discuss the issues at hand. Exploring mediation can also be beneficial. A neutral third party can assist in facilitating dialogue and finding common ground for resolution without resorting to legal measures.
3. Document the breach
Detailed documentation of the breach is a must for future actions. Record instances of non-compliance, delays or any other breaches with supporting evidence. This documentation can be valuable if legal action becomes necessary or if alternative dispute resolution methods are necessary.
4. Performance guarantees and bonds
Some contracts may include performance guarantees or bonds. These financial assurances can serve as a remedy for contractor breaches. Property developers can explore the option of invoking these guarantees to recover losses or complete the project through an alternative contractor.
When it comes to developing a property, time is money. If a contractor fails to perform, it could lead to expensive consequences. While taking legal action is often a last resort, 31,469 civil trial cases in 2023 involved contract disputes.]]>On Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488132024-01-17T19:52:12Z2024-01-18T19:52:03Z1. Obtaining evidence abroad
When legal proceedings involve evidence located in a foreign jurisdiction, letters rogatory come into play. In a case in which a court in one country requires information or documents held by an entity in another nation, the court issues a letter rogatory to the foreign court, seeking assistance in obtaining the necessary evidence.
2. Service of process
Serving legal documents to an individual or entity residing in a different country can be a complex task. Letters rogatory streamline this process by enabling the requesting court to seek assistance from the foreign court. This ensures that legal notices, summons or other documents are properly served in accordance with the laws of the foreign jurisdiction.
3. Witness testimonies
In scenarios where a witness located in one country needs to testify in legal proceedings taking place in another, letters rogatory become indispensable. The court in the witness's location sends a formal request to the foreign court, seeking permission for the witness to provide testimony. This ensures a seamless exchange of information between jurisdictions.
U.S. multinational enterprises invest trillions in other countries but some situations result in the need to take legal actions. Letters rogatory serve as important tools in addressing legal matters that transcend national boundaries, helping to facilitate a more seamless resolution.]]>On Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488122024-01-05T17:32:00Z2024-01-05T17:32:00ZInadequate property surveys
One major cause of boundary disputes is inadequate property surveys. When business owners purchase or develop properties without accurate surveys, it can lead to misunderstandings about property boundaries. Unclear demarcations can result in unintentional encroachments onto neighboring properties. This often causes tension between business owners.
Changes in land use
Changes in land use can also contribute to boundary disputes. If one business owner decides to alter the purpose or layout of their property, it may impact the neighboring property's boundaries. This can lead to disagreements over property lines and the permissible extent of modifications.
Ambiguous deed descriptions
Ambiguities in deed descriptions can make boundary disputes practically inevitable. Business owners might also interpret deeds differently, leading to conflicts over the accurate demarcation of their respective properties.
Unintended encroachments
Unintended encroachments occur when structures or improvements cross property lines on accident. Though there may not be any ill intent, these situations are still a common cause of boundary disputes. Fences, buildings or landscaping encroachments can all spark disagreements over property rights. A careful resolution is necessary to maintain a harmonious business environment.
There are over 744,000 commercial properties in Massachusetts alone, so it is easy to imagine how disputes can often arise. When they do occur, though, it is important to understand how to take the right steps toward solving it civilly.]]>On Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488112023-12-20T16:15:20Z2023-12-20T16:15:20ZTip 1. Initiate open communication
Begin by raising the topic in a public setting. Pick a neutral place where interested parties can calmly and rationally express their concerns. Addressing the topic in person should help build understanding and calm tensions.
Tip 2. Research property boundaries
Investigate official records to confirm whether your point of view is accurate. Obtain a copy of your property survey or deed, and encourage those with an opposing perspective to do the same. Working with objective documentation sets the stage for rationally addressing the matter.
Tip 3. Hire a surveying service
Consider using a surveyor to assess the boundaries and provide a final verdict. Commercial property buyers dealing with a dispute need the American Land Title Association to do the job. Expect the cost to fall between $1,200 and $3,000, far less than going to court.
Tip 4. Memorialize agreements
Once there is an agreement, get the resolution in writing. Holding a legal document helps mitigate future misunderstandings and provides a reference point should the argument persist and lead to litigation.
Commercial boundary disputes tend to be fraught with emotion. Instead of giving in to darker impulses and making decisions that inflame tensions, handle these matters in a manner more likely to yield a peaceful conclusion.]]>On Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488102023-12-08T16:01:31Z2023-12-08T16:01:31ZIdentify the source of the nuisance
When a nuisance claim arises, the first step is to identify the source of the nuisance. Is it noise from your machinery, odors from your processing or something else? Understanding the cause of the complaint allows you to address it more effectively.
Communicate with the complainant
Open communication is important. Reach out to the person or group making the claim. Listen to their concerns and express your willingness to find a solution. Often, a direct conversation can lead to an understanding and a quick resolution.
Assess and implement changes
Assess your operations to see how you can mitigate the nuisance. This might involve changing working hours, upgrading equipment to reduce noise or emissions or altering part of your operations. Implementing these changes not only helps resolve the current claim but also prevents future issues.
Document your actions
Keep a record of the complaint and your response. Documenting your actions shows that you are taking the matter seriously and can be helpful if the claim escalates.
Review local regulations
Familiarize yourself with local regulations regarding commercial nuisances. This ensures that your business operations comply with local laws and helps in addressing any legal aspects of the claim.
By taking these steps, you can address nuisance claims effectively, maintain good relations with your community and ensure that your business operates smoothly and legally. Remember, being proactive and responsive in handling such claims is key to protecting your business's reputation and success.]]>On Behalf of Gilman, McLaughlin & Hanrahan, LLPhttps://www.gilmac.com/?p=488092023-11-30T22:29:51Z2023-11-30T22:29:51ZMarket volatility
One of the primary complications in commercial real estate transactions is market volatility. The real estate market is inherently dynamic. Economic trends, interest rates and geopolitical events can all make a difference. Sudden shifts in these factors can impact property values and create uncertainty for both parties.
Environmental concerns
Environmental issues can throw a wrench into commercial real estate transactions. Properties with a history of environmental concerns may require extensive remediation efforts. Conducting environmental site assessments, for example, is crucial for identifying and addressing potential environmental challenges.
Zoning and land use regulations
Zoning and land use regulations vary widely across different jurisdictions. Zoning changes, restrictions or disputes can complicate deals. In-depth research and consultation with local authorities are necessary to navigate these regulatory intricacies.
Lease agreements
If the property involved in the transaction has existing lease agreements, it adds an additional layer of complexity. Understanding the terms and conditions of these leases, including any obligations for the new owner, is a must.
The volume of commercial real estate transactions in the United States reached an estimated $800 billion in 2022. This means that not only are commercial real estate transactions increasingly frequent but also increasingly valuable. It is important to keep this in mind when considering any complications that might arise.]]>