Epstein, Lipsey & Clifford Blog

Massachusetts Public Bid Law

admin — Wed, 16 May 2012 23:56:54 +0000

The Massachusetts Supreme Judicial Court issued a decision on May 3, 2012 concerning whether a public entity may perform its own investigation of a contractor as partof the public bid process. According to the SJC’s ruling, Towns are permitted to conduct its own investigation as part of the public bidding process under G.L.c. 149. While the SJC foundthat the Department of Capital Asset Management (DCAM) is the central entity for collecting information on contractors and their ability to peform public contracts, the town is ulimtately responsible for determining a contractor’s fitness when awarding the public contract. As a result, a town in permitted to conduct its own investigation especially where nothing in G.L.c. 149 expressly prohibits a town from conducting an independent investigation. The SJC noted that this may result in unintended fraud and/or favoritism, however, noted there are remedies available to certified public contractors to address such issues. If your company finds itself in a situation where you believe that a public contract has been improperly awarded whether based upon an independent investigation by the town and/or based upon the findings of the DCAM, give our office a call so that we can help you understand the remedies available.

Buyer Beware It Must Be in Writing

admin — Thu, 10 May 2012 21:25:59 +0000

Buyer Beware! When dealing with real estate in Massachusetts every agreement must be reduced to writing in order to be enforceable pursuant to the Statute of Frauds. Real estate agents in Massachusetts understand this requirement, however, too often we hear stories about buyers ignoring the advise of their real estate agent to put each and every material term of their real estate deal into the Offer to Purchase. As a result, by the time a potential buyer gets their real estate attorney involved at the Purchase and Sale Agreement stage we cannot get that material term into the Purchase and Sale Agreement because it was not in the Offer to Purchase. The best example of this often involves the potential property appraising for less than the agreed upon purchase price. Very few buyers want to purchase a property that appraises for less than the agreed upon purchase price. However, unless this material term was included in the Offer to Purchase a Seller can refuse to include it as a contigency in the Purchase and Sale Agreement even if they orally agreed to it prior to the Offer to Purchase. A lot of times this may directly impact a buyer’s ability to obtain a mortgage and thus the buyer may be protected based upon the mortgage contingency clause however there are many occasions when the mortgage commitment is obtained even though the appraisal came in lower than the stated purchase price. Thus, buyer beware. All material terms must be reduced to writing when dealing with real estate.

The MUPC Is Here

admin — Thu, 10 May 2012 20:32:05 +0000

Well after much debate, votes and seminars to train both court personnel and attorneys how the Massachusetts Uniform Probate Code (”MUPC”) would work, it is here and in practice. Now is the time to make a will if you have been dragging your feet. Like taxes our demise is something we cannot avoid. Our attorneys will assist you with understanding what is probate, how to make a will, an guide you through the process of deciding whether you need a living trust. Now that the MUPC is here do not wait any longer to put those documents in place that will ensure that your wishes are carried out when you are no longer here.

The MUPC Is Almost Here

admin — Thu, 15 Mar 2012 15:02:07 +0000

On March 31, 2012, the Legislature is set to enact the Massachusetts Uniform Probate Code (“MUPC”). Therefore, now is the time to make a will. With the enactment of the MUPC, the probate process will become much easier and no longer should be seen as a long and expensive process. However, with the enactment of the MUPC come some changes that make it more important than ever to make sure you have a will. As an example, under the MUPC, did you know that if you died without a will leaving a spouse and children that your spouse would not get all of your assets? Most of us I think believe this would happen but that is not the case under the MUPC. This is just one example of why it is important for you to take the time to make a will and address any other your needs. Now the question is how to make a will? Contact our office to speak to one of our estate planning attorneys who can guide you through the process of making a will and assisting you with your other estate needs.

Understanding the Pros and Cons of Life Estates and Irrevocable Trusts.

admin — Mon, 20 Feb 2012 14:18:17 +0000

Too often I hear people say “We just don’t want the state to take our home” and as a result they run out and have their life-long home put into a Life Estate and/or Irrevocable Trust without fully understanding all the “pros” and “cons” that come with putting property into a Life Estate and/or Irrevocable Trust. This includes the tax consequences in the event the property is sold during the Grantor’s lifetime versus if the property is sold after the Grantor’s death. If you find yourself or your parents in the situation where they are concerned that the state or the nursing home may take their home, feel free to call Attorney Scott J. Clifford at 781-829-9100 so you can find about the “pros” and “cons” before you take action that may cost you and/or your parents more in the long run.

CE Seminar for Realtors Presented by Scott J. Clifford

admin — Fri, 10 Feb 2012 21:10:54 +0000

On Thursday, March 8th Attorney Scott J. Clifford will be presenting a course in Plymouth entitled “Residential Rental-landlord/Tenant Issues” from 3-5pm. The course is open to realtors and offers free cocktails and 2 CE Credits. For more information please feel free to visit our Facebook page at http://www.facebook.com/EpsteinLipseyClifford or contact our office at 781-829-9100.

More Important Than Ever to Have a Will

admin — Fri, 13 Jan 2012 13:02:57 +0000

Effective March 31, 2012, the Massachusetts Uniform Probate Code (”MUPC”) goes into effect. This will dramatically change how estates are administered in Massachusetts. One of the most important changes is your ability to streamline the probate process thereby making it a much quicker, easier and cheaper process for your family. However, in order to take advantage of these tools that will make is quicker, easier and cheaper for your family you need to have a Will. In addition to streamlining the process the MUPC also changes the rules of how an estate is distributed in the event you do not have a Will which is yet another reason that it is more important than ever to have a Will if you want to make sure your Estate is distributed in accordance with your wishes. Call Attorney Scott J. Clifford at 781-829-9100 to schedule a consult to discuss your estate planning needs.

Firm updates–Social Security Disability

admin — Thu, 05 Jan 2012 21:18:32 +0000

Bruce Lipsey has practiced in the area of social security disability for 19 year. Naturally, over that time period, one would expect caseload growth for the firm as clients tell other clients about the practice and referrals are made. Over this time period, we have also enjoyed professionals in the area, other lawyers, counselors, physicians and psychiatrists entrust their patients and clients to us for representation. We are very proud of the services we offer to not only the local community but throughout the state of Massachusetts. The disability practice of Epstein, Lipsey & Clifford has grown to be one of the largest in the state in terms of volume of cases and successful resolutions. We have doubled our staff and office space to accommodate the growth! We intend to improve our service delivery in 2012 for our clients so that the waiting time is diminished for benefits to be secured.

Social Security Disability Disability and Unemployment

admin — Tue, 13 Dec 2011 16:11:11 +0000

Social Security Disability and unemployment–what are the problems? I am asked practically every day if a person can receive both social security disability benefits and unemployment benefits. The question is somewhat tough to answer. Social Security Disability is a system on its face which is supposed to provide wage replacement to those who cannot work. Unemployment is a system geared for a temporary stopgap measure for wage replacement for those who are “ready, willing and able” to work. So it would appear that receiving both social security disability and unemployment would be mutually exclusive. But the analysis is not that simple. One can still earn money while collecting social security disability. So you can be “ready, willing and able” to work to some degree while applying for social security disability. In fact, the Chief Administrative Law Judge for the social security disability administration indicated in a memo said the following: Often, the underlying circumstances will be of greater relevance than the mere application for and receipt of benefits. For instance, the fact that a person has, during his or her alleged period of disability, sought employment at jobs with physical demands in excess of the person’s alleged limitations would be a relevant factor that an ALJ should take into account…Judges should look at the totality of the circumstances in determining the significance of the application for unemployment benefits.

Therefore, it is ultimately up to a judge to view the context of the receipt of the benefits. Please contact Attorney Bruce Lipsey at Epstein, Lipsey and Clifford at 781-829-9100 or elclaw.com for more information. Offices are located in Hanover, Boston, Quincy, Plymouth, Mansfield and Randolph.

Independent Contractor Status

admin — Mon, 12 Dec 2011 21:38:17 +0000

The use of independent contractors is an important component of many Massachusetts businesses, but since the establishment of the Independent Contractor Statute in 1990 and more recently the Amendments of 2004, it comes with some inherent risks that small businesses owners should be aware. Massachusetts’ Independent Contractor Statute creates the ”presumption” of employee status for the purpose of the state’s wage laws and requires businesses to meet a strict three-part test to overcome this presumption. Since the Amendments of 2004, the test virtually makes it impossible for a company to meet the new criteria if its “independent contractor” is providing services that are within the company’s usual course of business. As a result, those companies who misclassify an individual as an independent contractor versus employee are now exposed to serious penalties for noncompliance. Maybe even more important than the penalties is the potential exposure for a class action suit. Although the stricter application found in the 2004 Amendments have been around for nearly seven years many Massachusetts’ small businesses still apply the IRS test or Fair Labor Standards Act test for determining whether a person is an “independent contractor” versus “employee”. Attempts are being made to broaden the strict language found in the 2004 Amendments, however, until such time as this language is broadened it is very important to review any individual that you are currently classifying as an “independent contractor”. If you have any questions concerning an individual’s status, please feel free to call Attorney Scott J. Clifford at 781-829-9100.