Massachusetts Conciliation: What You Need to Know
Like mediation, conciliation aims to help both parties walk away with a somewhat satisfactory result while avoiding the typical stresses and challenges associated with litigation. Though it is not a viable choice for every dispute — some cases are better served by mediation or other forms of communication — it can be a less time-consuming and more cost-effective way to settle a situation than going to court.
Continue ReadingMastering Construction Project Closeouts: Legal Insights for Contractors
The closeout process is a critical part of construction. As the contractor, you’ve finished most of the physical work, but there’s still more to the job. Closeout is the final construction phase before a project is handed over to the owner. An effective project closeout can help protect your profits and prevent future legal headaches. Create a smooth, compliant, and profitable end to your projects with a complete guide to the legal requirements for closeouts.
Continue ReadingWhat Are My Rights if a Contractor Abandons My Construction Project?
If a contractor abandons a project, you may be entitled to payments for damages. Contractors may also lose their certificate of registration depending on the gravity of the situation. While you can file a lawsuit against your contractor, arbitration and mediation processes can also get you a mutually beneficial result. You will have to take certain steps to get the appropriate reimbursement. This article breaks down what happens if a contractor abandons a job and what you can do about it.
Continue ReadingGreen Building Standards in Condominium Development
As green technology and environmentally friendly practices continue to improve, it’s vital that we apply them to our buildings. From the materials used during construction to the building’s energy efficiency, there are various ways we can build more sustainably and responsibly.
Continue ReadingEPA Regulations in Construction Projects
The Environmental Protection Agency (EPA) researches, develops, and enforces regulations that protect people and the environment. The lack of knowledge of EPA’s construction regulations won’t relieve you of the liabilities, where penalties can cost over $60,000 in addition to potential lawsuits and delayed projects.
Continue ReadingConstruction Site Environmental Compliance
Construction environmental compliance can be complicated. To help you navigate these complexities, we’ve compiled a short guide covering compliance requirements, a step-by-step checklist, and a breakdown of the most common violations and how to avoid them.
Continue ReadingNavigating Zoning Laws for New Developments in Massachusetts
If you’re planning a new residential development in Massachusetts, aligning your project with local zoning laws is crucial to ensure it can go ahead. While zoning regulations can seem confusing and intimidating, they exist to organize property developments for the benefit of everyone’s health, safety, and well-being. Knowing a few basics can help you navigate the residential zoning laws applicable to your development for a compliant and successful project.
Continue ReadingThe Importance of Contractor Insurance for HOAs
Homeowners associations (HOAs) rely on contractors for important construction and maintenance work. However, these crucial jobs come with risks to the HOA, its residents, and the contractor. Accidents and mistakes happen, even with reputable contractors, and that’s why most contractors carry insurance to protect themselves and their clients. If your HOA is hiring a contractor, it’s always wise to check their insurance coverage. This guide will help you understand the importance of HOA contractor insurance and proof of insurance requirements for HOA vendors.
Continue ReadingCondominium Disputes and Construction Defects
Condominium disputes and construction defects can create significant challenges for unit owners and associations. From structural integrity and safety issues to disagreements over maintenance responsibilities and financial obligations, navigating these complexities requires a knowledgeable legal partner.
Continue ReadingCan You Change Residential Zoning to Commercial?
Do you own a residential property and wonder whether you can convert it into a commercial one? Local zoning laws can be complex, so we have prepared this guide to help you find the answers you need. We discuss the meaning of zoning, the different classifications, common reasons for rezoning, and the process involved.
Continue ReadingCan You Sue a Contractor for Unpermitted Work?
Home improvement contractors play a vital role in ensuring compliance with building codes in Massachusetts, which includes pulling permits for required projects. As a result, a homeowner may institute civil action if hired contractors fail to obtain the necessary authorization from the local building department. The cause of action or claim that a plaintiff may bring depends on the facts of the case and may include breach of contract, negligence, or fraud.
Continue ReadingSo You Want to Build a Residential High-Rise?
High-rise residential buildings like condominiums and apartments are rapidly growing in popularity. In Massachusetts, a building is considered a high-rise only if it is more than 70 feet above grade plane. A skyscraper with more than 20 stories and penthouses with gorgeous views, for example, would likely be considered a high-rise, though measurements can vary based on local zoning laws.
Continue ReadingSuing a Builder for Fraudulent Practices
Suing a builder for fraudulent practices can be a complex and daunting process. At Calabrese Law Associates, we focus on construction law and are dedicated to protecting your rights. Our experienced team will guide you through every step, ensuring you understand your options and pursue the compensation you deserve for any damages caused by deceitful actions.
Continue ReadingFederal and State Laws When Classifying Construction Workers
Independent contractors are crucial to having extra hands on deck when your business needs them most, keeping jobs on schedule and producing quality work. Yet, misclassifying someone who does work for you as an independent contractor rather than an employee can have serious consequences.
Continue ReadingConstruction Worker Misclassification
Although many individuals may not know it, there’s a critical distinction between an employee and an independent contractor. Even so, classifying construction workers as independent contractors rather than employees is prevalent nationwide. The practice is more common in certain areas and poses challenges for misclassified workers and local governments.
Continue ReadingGuide to Construction Law for Condominiums
Condominiums are buildings or compounds containing multiple separate housing units. Some people choose to rent condos as vacation properties, while others prefer to buy a condo as their regular home.
Continue ReadingCan You Sue for Poor Workmanship?
Are you looking to sue a construction company for poor or faulty workmanship? We have developed this guide about when to sue a contractor to help you navigate the process of making a legal claim.
Continue ReadingThe Frustration Coronavirus is Causing for Businesses
Heavily-effected companies in the travel, hospitality, and restaurant sectors have seen huge losses of revenue. However, the construction industry has also seen a unique web of concerns, including delays and loss of business.
Continue ReadingSubcontractor Mechanics Lien
I am a subcontractor who has not been paid for my work. Can I place a lien on the homeowner’s property?
Continue ReadingWhat to Do If a General Contractor Completes Poor Work
I signed a contract with a general contractor to have some renovation work done in my Massachusetts home. The contract had a clause stating the general contractor could not be sued and the general contractor would not be held responsible for any problems with the work done to my home. The actual renovation work on my home was done by a subcontractor, who was hired by the general contractor. I did not sign a separate contract with the subcontractor.
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