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Legal Articles: Bernstein Shur

 







Document(s) published by this organization: 64


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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...

 

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.

 

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...

 

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...

 

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...

 

HTMLRisky Business? Due Diligence Hints for Bidding at a Foreclosure Auction
Wendy J. Paradis; Bernstein Shur;
Legal Alert/Article
July 11, 2014, previously published on July 8, 2014
Know a property being foreclosed, or see the signs and advertisements for foreclosure actions? They are everywhere. It is important to do your homework before bidding. Bid confidently by doing some pre-auction investigation.

 

HTMLWe Like Like-Kind Exchanges
Nelson A. Toner; Bernstein Shur;
Legal Alert/Article
July 8, 2014, previously published on July 1, 2014
A real estate owner who holds a property for investment or business purposes, sells the real estate and recognizes a gain. She pays the taxes on the gain at both the federal and state level and uses the remaining proceeds from the sale to purchase new real estate that will also be used for...

 

HTMLDEP Says You’re A PRP - How to Avoid Becoming an Environmental Acronym Casualty
Mary Costigan; Bernstein Shur;
Legal Alert/Article
June 25, 2014, previously published on June 24, 2014
In Maine, anyone who has owned or operated an uncontrolled hazardous substance site from the time a hazardous substance was first deposited up to the present is considered by the Maine DEP to be a potentially responsible party, or PRP. Any PRP may be held liable for abatement, cleanup, or...

 

HTMLThe Emperor Has No Exhibits
Bernstein Shur;
Legal Alert/Article
June 25, 2014, previously published on June 19, 2014
All of us in the real estate world, regardless of experience or sophistication, have been guilty of ignoring Exhibit A. Like the emperor who believed his invisible cloth clothing could be seen by intelligent people, our unread “invisible” exhibits can leave us exposed.

 

HTMLThe New Maine General Hospital - The Gold Standard in Maine
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
June 25, 2014, previously published on June 17, 2014
Construction lawyers like me are used to encountering construction projects gone bad, and sometimes, headed directly toward litigation. In this column, I wanted to focus on a large-scale recent project in Maine that was an enormous success: the new Maine General hospital. I will highlight two of...

 


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