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Legal Articles: Bernstein Shur

 







Document(s) published by this organization: 67


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HTMLCommercial Insurance Issues
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
August 18, 2014, previously published on August 11, 2014
Whether you’re a landlord or a tenant, insurance options for commercial real estate can be daunting. Knowing what to ask your insurance broker can save the day. This sampler of issues will help you and your broker manage risk in ways that complement the obligations in your lease.

 

HTMLCharitable Solicitation Requirements are Changing in Maine
Willette M. Elder; Bernstein Shur;
Legal Alert/Article
August 5, 2014, previously published on July 31, 2014
On August 1, 2014, the State of Maine will eliminate its requirement under the Charitable Solicitations Act that all fundraising consultants, known as “professional fundraising counsel,” must be licensed by the Maine Department of Professional and Financial Regulation. This includes any...

 

HTMLReal Estate Tip - Keep It in The Family?
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
August 5, 2014, previously published on July 31, 2014
Using a will to give a commercial building to a loved one, a business partner or even a charitable organization is not ideal planning. Adverse tax consequences, the public probate process and operational difficulties aside, the building may not become the property of its intended owner. Example:...

 

HTMLBeware of LUST
Katherine A. Joyce; Bernstein Shur;
Legal Alert/Article
August 4, 2014, previously published on August 4, 2014
Today, we’re talking about LUSTs: Leaking Underground Storage Tanks. Not what you were expecting? Well, if you are in the market for commercial real estate, I can assure you that you will be even more disappointed if you unwittingly purchase property on which a LUST is located. Ownership of a...

 

HTMLAvoid Common Traps of Commercial Subleases
Charles E. Miller; Bernstein Shur;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
If you are a subtenant, many practical questions exist such as who will change the light bulbs, who will plow the driveway, and who is in charge if the HVAC doesn’t work or if there are other problems in the subleased premises?

 

HTMLABC 123: AAI, ESAs and VRAP - When to utilize DEP’s Voluntary Response Action Program
Mary Costigan, Katherine A. Joyce; Bernstein Shur;
Legal Alert/Article
July 28, 2014, previously published on July 15, 2014
Last time around, we mentioned that if you are going to buy a commercial property, you should investigate the existing environmental conditions of that property. It is helpful to address both the costs and timing associated with this environmental due diligence in your Purchase and Sale Agreement.

 

HTMLLender Liability in Real Estate Closings; Know Your Closer Well
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
July 28, 2014, previously published on July 22, 2014
The general phrase “lender liability” usually refers to cases where a lender does not live up to its own loan agreement, or where a loan officer promises more than the loan documents provide, or where the lender sells collateral in a commercially unreasonable manner. Lenders can also be...

 

HTMLReed Construction Data - Economy Improving Slowly but Surely
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
Reed Construction Data reports that the economy continues to improve but challenges remain. Based upon recent construction data from Reed Construction, the industry’s economy continues to improve even though it remains sluggish and somewhat uneven. Year-to-date, seasonally adjusted spending...

 

HTMLThe Economic Loss Doctrine Scaled Back in Massachusetts
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
In a case recently decided by the Massachusetts Supreme Court, the Court reaffirmed that the Economic Loss Rule applies to construction cases in Massachusetts. The trustees of the Market Gallery Condominiums in Lowell filed an action against Ayer Properties seeking damages for the negligent...

 

HTMLCity of Quincy, Massachusetts Bidding Requirements Pre-empted by Federal Law
David P. Ray; Bernstein Shur;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
In a case just decided by the First Circuit Court of Appeals in Boston, the Court has concluded that a City of Quincy, Massachusetts ordinance requiring bidders on municipal projects in the city to engage in a specific type of apprentice training program violated the Federal Employment Retirement...

 


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