Construction Law

Escrow Holdbacks: A Lifebuoy For A Troubled Closing

by Rich Vetstein 05.13.2013 Closings

You have been eagerly awaiting the closing of your new construction home, but alas, the builder has not been able to complete the landscaping, walkway and driveway by the closing and there is a two page punch-list of other incomplete work. You have already hired a moving company and packed all of your family’s stuff. [...]

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Lowell Mill Condominium Developer Hit With $300,000 Plus Judgment In Construction Defect Case

by Rich Vetstein 12.14.2012 Condominium Law

Case Law Report:  Wyman v. Ayer Properties, LLC (Massachusetts Appeals Court, December 12, 2012). Condo Construction Defect Claims Now Easier To Bring In an important opinion which will make it easier for condominium associations to seek redress for faulty or defective construction, the Appeals Court has entered a $300,000 plus judgment against a Lowell based real [...]

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Avoiding The Money Pit: Advice For Buying New Construction

by Rich Vetstein 11.29.2012 Closings

With the economy and housing market on the upswing, builders are finally building again. I’ve seen a definite uptick in new construction purchases. Buying a new construction home, however, is very different and much more involved compared to buying a previously owned property. In this post, I want to cover the various aspects of purchasing [...]

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What The Boston Zoning Board of Appeals Grants, The Courts Taketh Away

by Rich Vetstein 03.18.2012 Construction Law

Sheppard v. Zoning Board of Appeals of Boston: Appeals Court Overturns Variances, But Does Not Order Tear-Down Of South Boston Rehab Project This is the kind of case that aggravates the heck out of me — and it’s been going on for 14 years with no end in sight. All disabled Southie homeowner Robert McGarrell [...]

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A Different Type Of Tear-Down: Court Orders Million Dollar Marblehead Manse Demolished For Zoning Violation

by Rich Vetstein 02.21.2012 Construction Law
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Expensive Lesson–Build At Your Own Peril After a 16 year long saga, wealthy Marblehead mansion owner Wayne Johnson’s battle to save his house from a court-ordered wrecking ball has come to an end. The underlying legal saga is convoluted and complicated, but the end result was swift and destructive — the million dollar mansion is now [...]

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From Asbestos to Radon: The Massachusetts Home Inspection Process, A Legal Perspective

by Rich Vetstein 01.13.2012 Condominium Law
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The home inspection is one of the most critical aspects of every Massachusetts real estate transaction. Virtually every buyer in a standard purchase transaction (meaning not a short sale, foreclosure, or bank-owned property) will opt to perform a home inspection, and for good reason. You need to know whether there are any serious structural, mechanical [...]

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Rich’s Realty Ramblings: First MERS Case Filed With Supremes, New Subdivision Built On Old Landfill, Fannie Mae Reportedly Abusing Foreclosure Power

by Rich Vetstein 08.17.2011 Construction Law
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This is the first post in a new series I’ve been wanting to try out for awhile: Rich’s Realty Ramblings (not sold on the name yet–feel free to suggest alternatives). This series will be kind of like a weekly news wire report for those topics I find interesting but not warranting an entire blog post. [...]

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Appeals Court Resurrects Toxic Mold Claim Against Admiral’s Hill Condominium

by Rich Vetstein 08.16.2011 Condominium Law
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Application of “Discovery Rule” Enables Toxic Mold Claim To Survive Dismissal Toxic mold is a dangerous condition that can arise in buildings with untreated water leaks and penetration. The most common form of “toxic mold” is Stachybotrys chartarum (also known by its synonym Stachybotrys atra), a greenish-black mold. It can grow on material with a [...]

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Is “Buyer Beware” Alive and Well? An Overview of Massachusetts Real Estate Disclosure Law

by Rich Vetstein 06.21.2011 Condominium Law
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Caveat Emptor: “Let The Buyer Beware” Caveat Emptor is an old common law rule which means “Let the Buyer Beware.” In plain English, it means that home buyers are on their own when it comes to the condition of the property. If there is a defect of any kind, it becomes the buyer’s problem, not [...]

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Exaction, Extortion or Illegal? Mandatory Dedication of Open Space Parcel Held Unlawful

by Rich Vetstein 05.16.2011 Construction Law
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Score One For Property Rights Advocates Massachusetts has the well-deserved reputation of being one of the most challenging states to permit a new housing development due to its myriad of rules, regulations and zoning by-laws. Real estate developers seeking to build a new subdivision typically go through an arduous permitting process before the local Planning [...]

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Spring Cleaning: Repairing Waters Stains & Mold From Ice Dam Damage

by Rich Vetstein 04.18.2011 Construction Law
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A Guest Post by George Lonergan, Owner of Lonergan Construction, Inc. a licensed Massachusetts general contracting company servicing the Metrowest Massachusetts area including Framingham, Natick, Wayland, Sudbury and Hopkinton. This winter caused a substantial amount of ice dam damage in the Massachusetts area. The water on your roof that pools above ice dams and then [...]

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Planning A Major Home Renovation Project? You May Need A Special Permit For That!

by Rich Vetstein 01.17.2011 Construction Law
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A new Harvard report predicts a big jump in home remodeling – and with markets like Greater Boston that have lots of older homes leading the way. With the real estate market in recovery mode, a lot of folks in the last few years have put their money towards additions, in-law suites, finished basements, expanded [...]

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New Saftey Measures Required Under Massachusetts Home Oil Heating Systems Upgrade & Insurance Law

by Rich Vetstein 12.19.2010 Construction Law
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Our insurance contributor, Nadine Heaps of Purple Ink Insurance, is back to talk about recent changes to the Mass. home oil heating law. Massachusetts Homeowner Oil Heating System Upgrade and Insurance Law (click for Fact Sheet) By September 30, 2011, you must upgrade your home heating system equipment to prevent leaks from tanks and pipes [...]

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Massachusetts Construction Prompt Pay Law Passed

by Rich Vetstein 08.19.2010 Construction Law
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As reported in Banker & Tradesman: A new law requiring construction payments to be paid “promptly” has been passed, which advocates say is one of the most significant pieces of legislation affecting private construction since the reform of the state’s mechanic’s lien law in 1996. The bill was sponsored by the Associated Subcontractors of Massachusetts [...]

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The Massachusetts Mechanic’s Lien: What Homeowners & Contractors Need To Know

by Rich Vetstein 07.10.2010 Construction Law
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A mechanic’s lien is somewhat of a misnomer. It has nothing to do with auto mechanics. Rather, it’s a type of lien that general contractors, subcontractors and construction materials suppliers are allowed to record against a homeowner’s property to secure the payment of services, labor or materials. A mechanic’s lien creates a cloud on the [...]

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New Lead Paint Renovation Rules Require Strict Precautions For Homes Built Before 1978

by Rich Vetstein 07.10.2010 Construction Law
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Under the new federal Lead Paint Renovation, Repair and Painting Rule (RRP), most home improvement projects on homes build before 1978 will require certified lead paint removal contractors to follow strict lead paint removal precautions. To comply with the new regulation, those working on older sites will need to invest in lead-testing kits, plastic sheeting, [...]

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An Interior Designer Talks About Legislation Recognizing The Profession And Enabling Designers To Bid On State Contracts

by Rich Vetstein 10.17.2009 Construction Law

I’m pleased to welcome Noel Sior-Woodard, IIDA, the President of Woodard Interiors, Inc. – a commercial interior design firm located in Grafton, MA. Noel is writing about pending legislation in Massachusetts which will officially recognize the profession and enable interior designers to bid on lucrative state contracts. Noel recently testified before the State Legislature in [...]

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Hiring A Massachusetts Home Improvement Contractor: 10 Things You Need To Know

by Rich Vetstein 07.14.2009 Construction Law
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Sadly, completing a home improvement project on time, on budget and with good, quality work is the exception rather than the norm these days. I have seen homeowners pour their home equity lines and savings into home improvement projects only to see the project left incomplete and riddled with defective and poor quality work, or [...]

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