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Mechanic’s Liens Provide Great Leverage For Creditors

By Howard Goldman Mechanic’s liens are a powerful, effective, and efficient tool for creditors.  Unlike mortgages and other real estate encumbrances, mechanic’s liens are involuntary.  This means that a mechanic’s lien does not require court approval before it is perfected.  Accordingly, creditors can put a cloud on the title of real estate where their work, material, or services were provided, without having to first navigate expensive and time-consuming court processes. Using the Massachusetts mechanic’s lien Statute, M.G.L. c. 254 (“Statute”), contractors,

Read More »

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

Read More »

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Represented the purchaser of a home in Newton with significant construction and structural defects in claims against the seller of the home and the inspection company that conducted the inspection prior to the sale of the home. After moving into the home, the purchaser discovered extensive construction and structural defects present in the home’s foundation and addition, which were not disclosed by the seller or the inspection company in the final inspection report. Goldman & Pease drafted a seven-count complaint alleging

Read More »

Saturday, October 27, 2018 – Annual Condo Conference & Expo

Annual Condo Conference & Expo Community Associations Institute New England Chapter Saturday, October 27, 2018 9:00 a.m. – 3:00 p.m. ——————————————————— Annual Condo Conference & Expo Saturday, October 27, 2018 9:00 a.m. – 3:00 p.m. Marriott Hotel, Burlington, MA New England Chapter Community Associations Institute Addressing the unique issues of condominium communities. members and unit owners, professional managers and industry professionals. Get Answers to Your Condo Questions Find Solutions for Your Condo Problems Learn About Recent Developments in the Law If

Read More »

Successful Motion to Reach & Apply Funds Held By Investment Company in Collection Action

Recouped significant outstanding balance for a home healthcare services provider by moving to reach and apply funds held by investment company on behalf of debtor. In this case, we filed a lawsuit for breach of contract and quantum meruit arising out of the debtor’s failure to pay for certain home healthcare services over the course of six weeks in 2015. We also brought a claim to reach and apply funds held by the investment company because we knew that the debtor

Read More »

Condo Media – Shared Responsibility

Understanding Your Rights and Obligations in a Shared Living Arrangement By Howard Goldman | View article Howard Goldman has authored a feature article in the September 2018 issue of Condo Media. The publication serves condominiums, cooperatives, and homeowners associations.  In this article Attorney Goldman discusses the rising cost of real estate and lack of affordable housing in many communities, people are searching for ways to maximize their investment through shared living. Whether it be by including an in-law suite for an

Read More »

Defended Corporate Executive Against Claims Of Wrongful Termination

Successfully defended high-level executive of multinational corporation from claims of detrimental reliance and wrongful termination based on personal relationship with former employee. Although the executive had no part in the former employee’s termination, the employee engaged in a pattern of harassing conduct via social media after their personal relationship ended, ultimately retaining counsel to issue a demand seeking damages from the executive. We swiftly issued a cease and desist letter based on the harassing conduct, and demanded that all evidence of

Read More »

Enforcement of Liquidated Damages Clause in Franchise Commercial Lease

Represented a franchisor in a case where a franchisee tenant defaulted in a lease that contained a liquidated damages clause, resulting in over $1 million owed to the landlord. In the commercial lease context, a liquidated damages clause may provide for an acceleration of future rents owed following the early termination of the lease. These so-called “rent acceleration clauses” are typically enforceable, provided two criteria are satisfied: (1) at the time of contracting the actual damages flowing from a breach were

Read More »

Trial win for Biohazard Removal Contractor against Landlord, where Contract was signed by Tenant

Prevailed at trial under a theory of quantum meruit for client emergency services and biohazard cleanup contractor against property owner/landlord. An overdose death had occurred on the property, and our client was called in to clean and rid the house of contaminants. Property owner was unavailable at the time of the emergency, and the work was authorized on the his behalf by an insolvent tenant. Landlord denied liability for payment and retained defense counsel. After our numerous attempts to negotiate settlement

Read More »

Unit Owner Violates Condominium’s Smoking Policy Resulting in Significant Fines and Ultimate Sale of Unit

Goldman & Pease represented Condominium Trustees in an action seeking to enforce the Condominium’s smoking policy against a unit owner whose smoking infiltrated the common areas of the Condominium, in violation of the Condominium’s smoking policy. We sent repeated written demand to the unit owner to cease smoking in the Condominium and advised the Trustees to levy fines for the unit owner’s continuing violation in accordance with the Condominium’s Rules and Regulations. However, when the unit owner refused to comply with

Read More »

Mechanic’s Liens Provide Great Leverage For Creditors

By Howard Goldman Mechanic’s liens are a powerful, effective, and efficient tool for creditors.  Unlike mortgages and other real estate encumbrances, mechanic’s liens are involuntary.  This means that a mechanic’s lien does not require court approval before it is perfected.  Accordingly, creditors can put a cloud on the title of real estate where their work, material, or services were provided, without having to first navigate expensive and time-consuming court processes. Using the Massachusetts mechanic’s lien Statute, M.G.L. c. 254 (“Statute”), contractors,

Read More »

As a landlord, am I able to reinvest a tenant’s security deposit into my property?

No, residential landlords are not allowed to use any portion of a tenant’s security deposit during the term of the tenancy. After the tenancy has ended, the landlord can only apply the security deposit to damages to the apartment caused by the tenant (more than wear and tear) and unpaid rent. In Massachusetts, residential landlord’s duties and responsibilities for holding/applying security deposits are governed by M.G.L. c. 186 §15B. Upon inception of a tenancy, landlords are only allowed to accept the

Read More »

Significant Global Settlement Against Contractor and Home Inspection Company in Construction Defect Lawsuit

Represented the purchaser of a home in Newton with significant construction and structural defects in claims against the seller of the home and the inspection company that conducted the inspection prior to the sale of the home. After moving into the home, the purchaser discovered extensive construction and structural defects present in the home’s foundation and addition, which were not disclosed by the seller or the inspection company in the final inspection report. Goldman & Pease drafted a seven-count complaint alleging

Read More »

Saturday, October 27, 2018 – Annual Condo Conference & Expo

Annual Condo Conference & Expo Community Associations Institute New England Chapter Saturday, October 27, 2018 9:00 a.m. – 3:00 p.m. ——————————————————— Annual Condo Conference & Expo Saturday, October 27, 2018 9:00 a.m. – 3:00 p.m. Marriott Hotel, Burlington, MA New England Chapter Community Associations Institute Addressing the unique issues of condominium communities. members and unit owners, professional managers and industry professionals. Get Answers to Your Condo Questions Find Solutions for Your Condo Problems Learn About Recent Developments in the Law If

Read More »

Successful Motion to Reach & Apply Funds Held By Investment Company in Collection Action

Recouped significant outstanding balance for a home healthcare services provider by moving to reach and apply funds held by investment company on behalf of debtor. In this case, we filed a lawsuit for breach of contract and quantum meruit arising out of the debtor’s failure to pay for certain home healthcare services over the course of six weeks in 2015. We also brought a claim to reach and apply funds held by the investment company because we knew that the debtor

Read More »

Condo Media – Shared Responsibility

Understanding Your Rights and Obligations in a Shared Living Arrangement By Howard Goldman | View article Howard Goldman has authored a feature article in the September 2018 issue of Condo Media. The publication serves condominiums, cooperatives, and homeowners associations.  In this article Attorney Goldman discusses the rising cost of real estate and lack of affordable housing in many communities, people are searching for ways to maximize their investment through shared living. Whether it be by including an in-law suite for an

Read More »

Defended Corporate Executive Against Claims Of Wrongful Termination

Successfully defended high-level executive of multinational corporation from claims of detrimental reliance and wrongful termination based on personal relationship with former employee. Although the executive had no part in the former employee’s termination, the employee engaged in a pattern of harassing conduct via social media after their personal relationship ended, ultimately retaining counsel to issue a demand seeking damages from the executive. We swiftly issued a cease and desist letter based on the harassing conduct, and demanded that all evidence of

Read More »

Enforcement of Liquidated Damages Clause in Franchise Commercial Lease

Represented a franchisor in a case where a franchisee tenant defaulted in a lease that contained a liquidated damages clause, resulting in over $1 million owed to the landlord. In the commercial lease context, a liquidated damages clause may provide for an acceleration of future rents owed following the early termination of the lease. These so-called “rent acceleration clauses” are typically enforceable, provided two criteria are satisfied: (1) at the time of contracting the actual damages flowing from a breach were

Read More »

Trial win for Biohazard Removal Contractor against Landlord, where Contract was signed by Tenant

Prevailed at trial under a theory of quantum meruit for client emergency services and biohazard cleanup contractor against property owner/landlord. An overdose death had occurred on the property, and our client was called in to clean and rid the house of contaminants. Property owner was unavailable at the time of the emergency, and the work was authorized on the his behalf by an insolvent tenant. Landlord denied liability for payment and retained defense counsel. After our numerous attempts to negotiate settlement

Read More »

Unit Owner Violates Condominium’s Smoking Policy Resulting in Significant Fines and Ultimate Sale of Unit

Goldman & Pease represented Condominium Trustees in an action seeking to enforce the Condominium’s smoking policy against a unit owner whose smoking infiltrated the common areas of the Condominium, in violation of the Condominium’s smoking policy. We sent repeated written demand to the unit owner to cease smoking in the Condominium and advised the Trustees to levy fines for the unit owner’s continuing violation in accordance with the Condominium’s Rules and Regulations. However, when the unit owner refused to comply with

Read More »
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