Massachusetts Municipal Law

Practical Techniques for Effective Contracts

Product Number: 2242448WCH
Publication Date: 4/25/2024
Edition: 3rd Edition 2024
Copyright: © 2024 MCLE, Inc.
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Massachusetts Municipal Law

Practical Techniques for Effective Contracts

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Product Description
Product Description

Drafting and Negotiating Massachusetts Contracts provides you with the information you'll need to skillfully negotiate and draft a wide variety of contracts. The book's beginning chapters thoroughly explain the fundamental elements of common types of contracts and focus on providing you with useful drafting skills and information you can adapt to any type of contract. The later chapters delve into the details of drafting and negotiating specific types of contracts that you may encounter in your daily practice. With sample contracts, drafting tips, and step-by-step explanations, this practical book is a valuable resource for both new attorneys and seasoned practitioners.

Recent updates:
- Update: August 2024
  Dear Subscriber:
  
  Thank you for choosing to keep your volume of Drafting and Negotiating Massachusetts Contracts current with this 2024 edition. Inside, you will find new material on topics including the following:
  - Essential contract terms—meeting of the minds. In chapter 2, find discussion of a 2023 Appeals Court case that contains a clear and comprehensive explanation of fundamental contract principles, while also highlighting typical modern factual circumstances involving email exchanges, counteroffers, acknowledgment and acceptance of changed terms, and modes of performance concerning the seller's breach of an "offer to purchase" mixed-use real estate.
  - Representations and warranties. See chapter 4 for guidance on how to draft a contract where prior representations or warranties were made in a contract negotiation, and how to draft a document where there are no representations or warranties.
  - Escrow agreements. Chapter 5 has updated example agreements in its exhibits.
  - Noncompetition agreements. A practice note in chapter 7 discusses the recent developments relative to the Federal Trade Commission (FTC)'s vote to approve a final rule banning noncompetes with all workers 120 days after publication in the Federal Register, and invalidating existing noncompetes with all workers except senior executives.
  - Leasing. Chapter 8 discusses the instances where a tenant may be unwittingly damaged by insufficient coverage in a lease. For example, where the landlord has liability for injuries sustained due to its negligence, courts, in a commercial context, do not imply an obligation on the part of the landlord to repair unless there is a specific covenant for the landlord to do so.
  - Title 5 inspections. See chapter 9 for discussion of the situation where a tenant may be unwittingly damaged by insufficient coverage in a lease. The landlord's burden to make disclosures in writing within a certain time is discussed.
  We at MCLE hope you will find this updated publication useful in your daily practice and in your law library. Thank you for your continued support as we work to continue "raising the bar" for Massachusetts lawyers.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Municipal Home Rule in Massachusetts
Buy Chapter
Marilyn Contreas,
Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General

Chapter 02 expand

Forms of Municipal Government and Methods of Governance
Buy Chapter
Marilyn Contreas,
Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General

Chapter 03 expand

The Municipal Attorney—A Community’s Chief Legal Officer
Buy Chapter
James B. Lampke, Esq., Lampke & Lampke

Exhibit 3A
- Examples of Local Ordinances and Bylaws Pertaining to a Municipal Law Department Buy Form

Exhibit 3B
- SJC Rule 3:03—Legal Assistance to the Commonwealth and to Indigent Criminal Defendants, and to Indigent Parties in Civil Proceedings Buy Form

Exhibit 3C
- Selected Advisories and Opinions from the State Ethics Commission Buy Form

Exhibit 3D
- Conflict of Interest Law Opinion Regarding Shared or Joint Representation Buy Form

Exhibit 3E
- Representative List of Recent Seminars Offered by the Massachusetts Municipal Lawyers Association (MMLA) Buy Form

Exhibit 3F
- Partial List of Cases in Which MMLA Filed Amicus Briefs Buy Form

Chapter 04 expand

Unique Representation Issues in the Municipal Context
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Arthur J. Goldberg, Esq.,

Chapter 05 expand

The Relationship Between the Federal Government and Local Government
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Paul Myer Kominers, Esq., Anderson Kreiger LLP
Mina Makarious, Esq., Anderson Kreiger LLP

Chapter 06 expand

Municipal Finance and Tax
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Kathleen Colleary, Esq., Retired, Division of Local Services, MA Department of Revenue

Chapter 07 expand

Civil Rights Claims Against Municipalities
Buy Chapter
Thomas R. Donohue, Esq., Brody, Hardoon, Perkins & Kesten LLP
Leonard H. Kesten, Esq., Brody, Hardoon, Perkins & Kesten LLP
Francesca M. Papia, Esq., Brody, Hardoon, Perkins & Kesten LLP

Chapter 08 expand

School Law
Buy Chapter
Joanne Agnoli, Robinson Donovan, PC
Nancy J. Campany, Esq., Murphy, Lamere & Murphy, PC
Michelle Allaire McNulty, Esq., Murphy, Lamere & Murphy, PC

Chapter 09 expand

Public Employee Collective Bargaining
Buy Chapter
John M. Collins, Esq.,

Exhibit 9A
- Mandatory Subjects of Bargaining Buy Form

Exhibit 9B
- Examples of Nonmandatory Subjects of Bargaining Buy Form

Exhibit 9C
- Decisions Addressing Repudiation of Contract Buy Form

Exhibit 9D
- Decisions Addressing Unilateral Change Buy Form

Exhibit 9E
- Examples of Disputes Involving Impact Bargaining Buy Form

Chapter 10 expand

Chapter 30B, the Uniform Procurement Act: The Basics
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Joseph M. Cook, Esq., City of Northampton, Law Department

Chapter 11 expand

Secrets to a Successful Public Construction Project
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Jane E. Estey, Esq., Horsley Witten Group, Inc.
Christopher J. Petrini, Esq., Petrini & Associates, PC

Chapter 12 expand

Municipal Real Estate Transactions
Buy Chapter
Ethan Blair Dively, Esq., Miyares and Harrington LLP
Christopher H. Heep, Esq., Miyares and Harrington LLP
Jennie M. Merrill, Esq., Miyares and Harrington LLP
Jonathan E. Simpson, Esq., Brookline, Town of/Town Counsel

Chapter 13 expand

Environmental Issues
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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Chapter 14 expand

Alcohol and Entertainment Licensing at the Local Level
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Ira H. Zaleznik, Esq., Lawson & Weitzen LLP

Exhibit 14A
- Notice to All Retail Licensees (Sept. 28, 2004) Buy Form

Chapter 15 expand

Gifts and Other Charitable Dispositions to the Municipal Corporation
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Joseph C. Cove, Esq.,

Chapter 16 expand

Insurance Coverage for Municipalities
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Deborah I. Ecker, Esq., KP Law, PC
Lauren F. Goldberg, Esq., KP Law, PC

Chapter 17 expand

Municipal Regulation of Telecommunications in the Public Way
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William August, Esq., Epstein & August LLP
William H. Solomon, Esq., Attorney Solomon Associates

Chapter 18 expand

Public Records
Buy Chapter
Manza B. Arthur, Esq.,

Chapter 19 expand

Municipal Election Administration and Campaign Finance
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Lauren F. Goldberg, Esq., KP Law, PC
Brian W. Riley, Esq., KP Law, PC
Michelle K. Tassinari, Esq., Office of the Secretary of the Commonwealth, Elections Division

Exhibit 19A
- Candidate’s Statement for Preliminary Nomination Papers in Accordance with G.L. c. 43, § 44C Buy Form

Exhibit 19B
- Petition Accompanying the Statement of Candidate in Accordance with G.L. c. 43, § 44C Buy Form

Exhibit 19C
- G.L. c. 41, § 109: Resignation; Notice; Residence Requirements Buy Form

Exhibit 19D
- Chapter 41, § 1B: Appointed Town Offices and Boards; Acceptance by Voters Buy Form

Exhibit 19E
- Chapter 225 of the Acts of 2000 Buy Form

Exhibit 19F
- Chapter 126 of the Acts of 1998 Buy Form

Exhibit 19G
- Chapter 5 of the Acts of 1999 Buy Form

Exhibit 19H
- Chapter 32 of the Acts of 1999 Buy Form

Exhibit 19I
- Examples of Appointed Official Attendance Bylaws Buy Form

Exhibit 19J
- Code of the Town of Chelmsford § 2–5 Buy Form

Exhibit 19K
- Charter of the Town of Swampscott § 2–5A Buy Form

Exhibit 19L
- G.L. c. 59, § 21C(m); Limitations on Total Taxes Assessed; Determination by Voters Buy Form

Exhibit 19M
- G.L. c. 43A, § 10 and Sample Referenda Procedures Buy Form

Exhibit 19N
- Town of Southbridge Home Rule Charter § 11 Buy Form

Exhibit 19O
- Town of Douglas General Bylaws Article I, Section 3 Buy Form

Exhibit 19P
- Chapter 89 of the Acts of 1998 Buy Form

Chapter 20 expand

Streets and Ways
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Stephen Bartlett, Esq., Foley Hoag LLP
Jeffrey B. Mullan, Esq., Foley Hoag LLP

Chapter 21 expand

Municipal Civil Service Law
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Michele M. Heffernan, Esq., Human Resources Division, Commonwealth of Massachusetts
Melinda T. Willis, Esq., Commonwealth of Ma, Deputy General Counsel, Human Resources Division

Chapter 22 expand

Bankruptcy: Municipality as a Creditor
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John D. Finnegan, Esq., Hill Law
Robert J. Kerwin, Esq., Attorney At Law

Exhibit 22A
- Common Issues Litigated with Municipalities in the Bankruptcy Court Buy Form

Chapter 23 expand

The Conflict of Interest Law and Municipal Attorneys
Buy Chapter
Eve Slattery,

Chapter 24 expand

Municipal Code Enforcement
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Andrew N. Bettinelli, Esq., Harrington Heep LLP
Donna M. Brewer, Esq., Harrington Heep LLP

Exhibit 24A
- Application in Support of an Application for an Administrative Warrant Buy Form

Chapter 25 expand

The Open Meeting Law
Buy Chapter
Thomas A. Mullen, Esq., Thomas A. Mullen, PC

Chapter 26 expand

Defending Against Challenges to State Statutes and Regulations
Buy Chapter
Eric Haskell, Esq., Middlesex Superior Court, Commonwealth of Massachusetts
Robert L. Quinan, Jr., Esq., Civil Service Commission, Commonwealth of Massachusetts

Exhibit 26A
- Tips on Drafting Bylaws and Ordinances Buy Form

Exhibit 26B
- Questions to Ponder Before Challenging a Regulation Buy Form

Chapter 27 expand

Emerging Standards for Compliance with Chapters 93H and 93I
Buy Chapter
Linda M. Hamel, Esq., Massachusetts Health Connector

Chapter 28 expand

Land Use Regulations
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Jonathan Murray,
Barbara J. Saint Andre, Esq., Community and Economic Development Department, Town of Medway
Jonathan D. Witten, Esq., Law Office of Jonathan Witten, LLC

Chapter 29 expand

Land Use Considerations for Cannabis Business Development
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Valerio G. Romano, Esq., VGR Law Firm LLC

Checklist 29.1
- Steps for Identifying Potential Zoning Issues Relative to Cannabis Business Zoning Buy Form

Checklist 29.2
- Steps for Adopting or Amending Unfavorable Zoning Ordinances or Bylaws Relative to Cannabis Business Zoning Buy Form

Exhibit 29A
- G.L. c. 40A, § 5: Adoption or Change of Zoning Ordinances or By-laws; Procedure Buy Form

Chapter 30 expand

Eminent Domain Law in Massachusetts—Municipal Issues
Buy Chapter
Mark S. Bourbeau, Esq., Drohan, Tocchio & Morgan, PC
Jeffery A. Tocchio, Esq., Drohan, Tocchio & Morgan, PC

Chapter 31 expand

Massachusetts False Claims Act
Buy Chapter
Cassandra H. Arriaza, Esq.,

Chapter 32 expand

Unfunded Mandates and the Local Law
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Sophia A. Apostola, Esq., Massachusetts Department of Public Health/General Counsel's Office

Chapter 33 expand

Professional Ethics
Buy Chapter
Christine P. Deshler, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers

Chapter 34 expand

What Access Do Employers Have to CORI?
Buy Chapter
Agapi Koulouris, Esq., Dept. of Criminal Justice Information Services, Commonwealth of Massachusetts

Exhibit 34A
- Summary of CORI Access Buy Form

Exhibit 34B
- Individual Registration Guide Buy Form

Exhibit 34C
- Organization Registration Guide Buy Form

Exhibit 34D
- Advocate/Attorney CORI Request and Affidavit of Indigency Buy Form

Exhibit 34E
- Attorney Request to Access CORI Buy Form

Exhibit 34F
- Model CORI Policy Buy Form

Exhibit 34G
- CORI Acknowledgment Form Buy Form

Exhibit 34H
- Complaint Form: Incorrect CORI Buy Form

Exhibit 34I
- Complaint Form: CORI Regulatory Violations Buy Form

Exhibit 34J
- Complaint Form: Improper Access or Dissemination of CORI Buy Form
Editors & Authors

Editor(s)

James B. Lampke, Esq., Lampke & Lampke, Hull

Author(s)

Sophia A. Apostola, Esq., Massachusetts Department of Public Health/General Counsel's Office, Boston

Cassandra H. Arriaza, Esq., North Grafton

Manza B. Arthur, Esq., Worcester

William August, Esq., Epstein & August LLP, Cambridge

Stephen Bartlett, Esq., Foley Hoag LLP, Boston

Andrew N. Bettinelli, Esq., Harrington Heep LLP, Wellesley

Mark S. Bourbeau, Esq., Drohan, Tocchio & Morgan, PC, Hingham

Donna M. Brewer, Esq., Harrington Heep LLP, Wellesley

Nancy J. Campany, Esq., Murphy, Lamere & Murphy, PC, Braintree

Kathleen Colleary, Esq., Retired, Division of Local Services, MA Department of Revenue, Watertown

John M. Collins, Esq., Collins & Associates, Aquinnah

Marilyn Contreas, Melrose

Joseph M. Cook, Esq., City of Northampton, Law Department, Northampton

Joseph C. Cove, Esq.,

Christine P. Deshler, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers, Boston

Ethan Blair Dively, Esq., Miyares and Harrington LLP, Wellesley

Thomas R. Donohue, Esq., Brody, Hardoon, Perkins & Kesten LLP, Boston

Deborah I. Ecker, Esq., KP Law, PC, Boston

Jane E. Estey, Esq., Horsley Witten Group, Inc., Sandwich

John D. Finnegan, Esq., Hill Law, Boston

Arthur J. Goldberg, Esq.,

Lauren F. Goldberg, Esq., KP Law, PC, Boston

Linda M. Hamel, Esq., Massachusetts Health Connector, Boston

Eric Haskell, Esq., Middlesex Superior Court, Commonwealth of Massachusetts, Woburn

Christopher H. Heep, Esq., Miyares and Harrington LLP, Wellesley

Michele M. Heffernan, Esq., Human Resources Division, Commonwealth of Massachusetts, Boston

Robert J. Kerwin, Esq., Attorney At Law, Newton

Leonard H. Kesten, Esq., Brody, Hardoon, Perkins & Kesten LLP, Boston

Paul Myer Kominers, Esq., Anderson Kreiger LLP, Boston

Agapi Koulouris, Esq., Dept. of Criminal Justice Information Services, Commonwealth of Massachusetts, Chelsea

James B. Lampke, Esq., Lampke & Lampke, Hull

Henry C. Luthin, Esq., Brighton

Mina Makarious, Esq., Anderson Kreiger LLP, Boston

Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC, Boston

Michelle Allaire McNulty, Esq., Murphy, Lamere & Murphy, PC, Braintree

Jennie M. Merrill, Esq., Miyares and Harrington LLP, Wellesley

Jeffrey B. Mullan, Esq., Foley Hoag LLP, Boston

Thomas A. Mullen, Esq., Thomas A. Mullen, PC, Lynnfield

Jonathan G. Murray, Esq., Land Court, Commonwealth of Massachusetts, Boston

Francesca M. Papia, Esq., Brody, Hardoon, Perkins & Kesten LLP, Boston

Christopher J. Petrini, Esq., Petrini & Associates, PC, Framingham

Robert L. Quinan, Jr., Esq., Civil Service Commission, Commonwealth of Massachusetts, Boston

Brian W. Riley, Esq., KP Law, PC, Boston

Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General, South Hadley

Valerio G. Romano, Esq., VGR Law Firm LLC, Boston

Barbara J. Saint Andre, Esq., Community and Economic Development Department, Town of Medway, Medway

Jonathan E. Simpson, Esq., Brookline, Town of/Town Counsel, Brookline

Eve Slattery, Cambridge

William H. Solomon, Esq., Attorney Solomon Associates, Haverhill

Michelle K. Tassinari, Esq., Office of the Secretary of the Commonwealth, Elections Division, Boston

Paige L. Tobin, Esq., Murphy, Lamere & Murphy, PC, Braintree

Jeffery A. Tocchio, Esq., Drohan, Tocchio & Morgan, PC, Hingham

Melinda T. Willis, Esq., Commonwealth of Ma, Deputy General Counsel, Human Resources Division, Boston

Jonathan D. Witten, Esq., Law Office of Jonathan Witten, LLC, Duxbury

Ira H. Zaleznik, Esq., Lawson & Weitzen LLP, Boston

TOP

Massachusetts Municipal Law

Practical Techniques for Effective Contracts

Massachusetts Municipal Law

Practical Techniques for Effective Contracts

Your Selection:

Product Description

Recent updates:

Table of Contents

Municipal Home Rule in Massachusetts

Forms of Municipal Government and Methods of Governance

The Municipal Attorney—A Community’s Chief Legal Officer

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Unique Representation Issues in the Municipal Context

The Relationship Between the Federal Government and Local Government

Municipal Finance and Tax

Civil Rights Claims Against Municipalities

School Law

Public Employee Collective Bargaining

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E

Chapter 30B, the Uniform Procurement Act: The Basics

Secrets to a Successful Public Construction Project

Municipal Real Estate Transactions

Environmental Issues

Alcohol and Entertainment Licensing at the Local Level

Exhibit 14A

Gifts and Other Charitable Dispositions to the Municipal Corporation

Insurance Coverage for Municipalities

Municipal Regulation of Telecommunications in the Public Way

Public Records

Municipal Election Administration and Campaign Finance

Exhibit 19A

Exhibit 19B

Exhibit 19C

Exhibit 19D

Exhibit 19E

Exhibit 19F

Exhibit 19G

Exhibit 19H

Exhibit 19I

Exhibit 19J

Exhibit 19K

Exhibit 19L

Exhibit 19M

Exhibit 19N

Exhibit 19O

Exhibit 19P

Streets and Ways

Municipal Civil Service Law

Bankruptcy: Municipality as a Creditor

Exhibit 22A

The Conflict of Interest Law and Municipal Attorneys

Municipal Code Enforcement

Exhibit 24A

The Open Meeting Law

Defending Against Challenges to State Statutes and Regulations

Exhibit 26A

Exhibit 26B

Emerging Standards for Compliance with Chapters 93H and 93I

Land Use Regulations

Land Use Considerations for Cannabis Business Development

Checklist 29.1

Checklist 29.2

Exhibit 29A

Eminent Domain Law in Massachusetts—Municipal Issues

Massachusetts False Claims Act

Unfunded Mandates and the Local Law

Professional Ethics

What Access Do Employers Have to CORI?

Exhibit 34A

Exhibit 34B

Exhibit 34C