Kajko, Weisman & Colasanti, LLP

Massachusetts And New Hampshire Law Blog

Dealing with a construction dispute?

The world of construction is an interesting place. There is a lot involved in a construction project, which means a lot can go wrong along the way. When a construction dispute arises, and they often do, what can the offended party do? In the state of Massachusetts, this individual may pursue civil litigation in order to seek resolution if other means to resolve the issue have failed.

If you have found yourself in a construction-related dispute, the steps you take to resolve it matter. A few examples of commonly seen construction disputes include delays, defects, contract issues and payment disagreements -- among various others. These disputes can cost everyone quite a bit in time and money. So, wanting a swift resolution is understandable.

Protecting your business if your spouse refuses a prenup

If you are a business owner, you may have taken the advice of many people who urged you to seek a prenuptial agreement before you got married. You may have approached your intended with the suggestion that you draft and sign such an agreement to protect your business, but the discussion did not go well. It is not unusual for a future spouse to reject the idea of a prenup.

Nonetheless, you have a business to protect. As committed as you are to your marriage, the cold fact is that about half of marriages end in divorce. By Massachusetts law, the appreciation or profits from your business during your marriage may become part of asset division. This could be detrimental to your business and may even lead to its demise. You may be looking for ways to preserve your hard work and success even if you don't have a prenup.

Are you the victim of sexual harassment?

All employed individuals in the state of Massachusetts should be able to go to work and not have to worry about harassment in any of its forms. Unfortunately, every year, numerous individuals -- both males and females -- find themselves the victims of sexual harassment. If you are among them, you may be able to do something about it.

Sexual harassment comes in many forms. It does not have to be physical. No matter what type of sexual harassment you are a victim of, if you report it, your employer has to look into it. If your complaint is just brushed off, not only can you take action against your abuser, but you may also hold your employer accountable for failing to address the issue.

Before going through a high net worth divorce, think of the Bezos

Divorce, no matter when, why or how it happens, can be challenging to get through. If significant assets are involved, things may prove even more difficult. There is a lot at stake in a high net worth divorce, so one cannot afford to make mistakes. Before getting started with the process, it may help some Massachusetts couples to think of the Bezos and follow their example of how to handle the situation.

The Amazon CEO and his wife officially divorced earlier this year. Their case was splashed all over the news, yet they seemed to settle quickly and were able to keep the entire process relatively amicable. The way they approached the end of their marriage is one from which other wealthy couples can learn.

A case for business succession planning

Successful business owners in Massachusetts and elsewhere are proud of what they have created, and enjoy spending their time continuing to grow their companies. It is a stressful and time-consuming task, however, which may leave some business owners little time to think about some things that they probably should -- such as succession planning. No one wants to think about having to walk away from their company, but life happens, and it becomes necessary at some point. Without a business succession plan, all of one's hard work may be for not.

According to a recently published article, 72% of business owners do not have succession plans in place. Some believe they have time to spare and will get to it later in life, while others simply overlook it because they are so focused on the here and now. No matter one's reason for putting off succession planning, doing so can cripple one's company.

Dealing with a renter's insurance dispute?

More people across the United States are choosing to rent rather than own homes -- for various reasons. Massachusetts residents who do this would be wise to obtain renter's insurance in order to protect their possessions and themselves in the event anything happens to the dwellings in which they reside. No insurance plan is perfect, though, and some who need to use it may find themselves struggling to get their losses fully covered. When dealing with a renter's insurance dispute, legal counsel may be able to help one fight for relief.

Renter's insurance is not just an extra expense. It serves a valuable purpose. Not only does it cover the loss of possessions, but it can also cover:

  • Personal liability
  • Medical payments
  • Certain living expenses

Faculty member fired over harassment allegations

Most people who live in Massachusetts have long been proud that their state is home to one of the nation's most highly regarded scientific research institutions. Many students from all over the country and all over the world work tirelessly for the opportunity to learn from the experts and professionals who teach there. Scientists themselves know the regard given to holding a position at the Massachusetts Institute of Technology and the chance to be part of groundbreaking technologies.

All of this, however, does not mean that MIT can forever remain shielded from the realities of human nature or today's society. The school has experienced a series of incidents recently that expose some potential misconduct.

How are alimony payment amounts determined in Massachusetts?

Often, when a Massachusetts marriage comes to an end, at least one party within it wants to secure alimony payments from the other to help him or her get by in the absence of the former partner. If you are among those planning to pursue alimony from your former partner, you may have questions about what factors undergo consideration when making alimony determinations and how much you can expect to receive in your payments if awarded alimony.

According to Mass.gov, a court will typically examine a broad number of areas before deciding whether to grant you alimony in your divorce. Some of these areas include the length of your marriage, you and your ex’s ages and your overall health and physical conditions. The court will also typically consider how employable you are, assessing factors that might include your level of education and the amount of time you spent outside of the workforce before making alimony-related decisions.

Understanding undue influence

As someone involved in probate proceedings in Massachusetts, you may be familiar with the term “undue influence,” but you may not fully comprehend what it means or how allegations of undue influence can potentially impact will contests or other probate proceedings. At Kajko, Weisman & Colasanti, LLP, we understand that undue influence can occur when one party works to influence the decision of another for his or her own personal gain. We also have considerable experience helping clients navigate this and many similar probate-related issues.

Per the American Bar Association, the concept of “undue influence” can be a bit difficult to define, but allegations of it are common in cases involving disputed wills or trusts, or petitions for guardianships or conservatorships. Generally, most courts will agree that undue influence can occur when one party that has a confidential or fiduciary relationship with another party acts in a manner that benefits him or her, rather than the person at the center of the case.

Does sexual harassment have to be physical?

Massachusetts employees like you should feel safe and secure when you go to work. Unfortunately, some people make workplace environments feel dangerous and unsafe. Sexual harassment can be one form that these troubling actions and behaviors take. But just what is sexual harassment?

Unfortunately, there is a misconception that sexual harassment must be physical in order to be legally fought against. While there are certainly many instances of physical sexual harassment, the U.S. Equal Employment Opportunity Commission sets the record straight, stating that sexual harassment can be non-physical as well.

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