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Archive by tag: Pierce Atwood LLPReturn

The Intersection of Workers’ Compensation Immunity and Contractual Indemnity

The workers’ compensation statute in many states provides that the workers’ compensation benefits received by an injured employee is the employee’s exclusive remedy. The benefits are paid based on a no-fault basis and the injured employee is barred...By: Pierce Atwood LLP
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Pierce Atwood LLP | Oct 22,2019 |

Impact of New Federal Overtime Rule Will Vary Across New England States

On September 24, 2019, the U.S. Department of Labor announced a long-awaited final rule regarding adjustments to the salary requirements under the Fair Labor Standards Act for certain salaried employees, commonly known as the “white collar”...By: Pierce Atwood LLP
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Pierce Atwood LLP | Oct 10,2019 |

Taking an Out of State Deposition in Rhode Island Just Got Easier!

On July 15, 2019, the Uniform Interstate Depositions and Discovery Act (the “Uniform Act”) was enacted in Rhode Island. R.I. Gen. Laws 9-18.1-1 et seq. It will simplify the process of taking a deposition in Rhode Island for actions pending outside...By: Pierce Atwood LLP
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Pierce Atwood LLP | Sep 30,2019 |

Corporate Deposition — Multiple Witnesses At the Same Time?

A few years ago, I represented a process piping subcontractor in a claim against the general contractor and the owner of a coal fired power plant in Massachusetts. While the case was unique and interesting in a number of ways, some of which may be...By: Pierce Atwood LLP
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Pierce Atwood LLP | Sep 30,2019 |

Practical Tips on Working with Former Employees Who Are Key Witnesses

Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim. Within one week of...By: Pierce Atwood LLP
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Pierce Atwood LLP | Sep 29,2019 |

An Easy Way to Preserve Your Mechanic’s Lien Rights in Rhode Island

A mechanic’s lien right is a powerful remedy to secure a contractor’s right to payment. Each jurisdiction’s mechanic’s lien statute is unique and most states strictly interpret/enforce the statutes. For multi-jurisdictional contractors, a common...By: Pierce Atwood LLP
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Pierce Atwood LLP | Sep 28,2019 |

Additional Insurance Coverage: Fundamentals and Misconceptions

Additional insured (“AI”) requirements for commercial general liability (CGL) policies are very common in construction contracts.  An Owner routinely requires its general contractor (“GC”) to provide AI coverage for itself, its affiliates, and...By: Pierce Atwood LLP
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Pierce Atwood LLP | Sep 27,2019 |

Should You Use Integrated Project Delivery on Your Next Construction Project?

Complex construction projects have many moving parts and numerous stakeholders.  Each project often contains its own unique challenges and obstacles.  Finding the right solution does not often come by trying to utilize a one-size-fits-all approach. ...By: Pierce Atwood LLP
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Pierce Atwood LLP | Sep 26,2019 |

Mass. Legislature Weighs Changes to Zoning Act; Quick Decision on Plaintiff’s Standing is Proposed

Two bills pending at the Massachusetts State House would amend the state Zoning Act, known as Chapter 40A, which governs zoning in every Massachusetts city and town except Boston. The Zoning Act is seldom amended, even though courts and land use...By: Pierce Atwood LLP
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Pierce Atwood LLP | Aug 26,2019 |

Maine Limits Use of Noncompetes and Prohibits Employer No-Poaching Pacts

Maine has joined the trend of other New England states, including Massachusetts, New Hampshire, and Rhode Island, in limiting the use of employee noncompete agreements. On June 28, 2019, Maine Governor Janet Mills signed into law L.D. 733, “An Act...By: Pierce Atwood LLP
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Pierce Atwood LLP | Jul 19,2019 |
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