January 2014 - The Law Office of Rhonda S. Boule

Contractors: Can your insurer deny coverage on defective work claims because your contract requires you to perform in a good and workmanlike manner?

In a decision on January 17, 2014, the Supreme Court of Texas answered “no.” The facts were as follows: A construction company entered into a standard AIA contract with a school district to serve as general contractor on a renovation and building project job. The school district then sued the contractor for faulty construction based […]

Five Strategies to Help Contractors be Proactive, Prevent Legal Problems and Minimize Risks

According to Albert Einstein, “[i]ntellectuals solve problems, geniuses prevent them.” Sure, we all know it’s better not to have a problem in the first place, but the question is, how do we prevent it? Of course it’s impossible to ensure that disputes will not arise; it’s a given that those in the construction business will […]

Today’s Decision Addresses Standard of Parental Unfitness

Today, the Court vacated a judgment and order entered in a care and protection case where the findings of the Juvenile Court were insufficient to support a conclusion that the parents were unfit. Care and Protection of Yetta, No. 12-P-1540, Middlesex, January 16, 2014. Background The DCF filed a petition under G.L. c. 119, § […]

Stalking in violation of a restraining order may be based on numerous telephone calls to victim from abroad

Stalking conviction upheld by Massachusetts Supreme Judicial Court today. A defendant convicted of stalking his wife in violation of a G.L. c209A Restraining Order appealed his conviction, arguing that the judge’s instruction to the jury misconstrued the legal definition of “stalking,” and that under the correct definition, there was insufficient evidence of guilt beyond a […]

When can police enter a residence to execute an arrest warrant?

On January 14, 2014, the Massachusetts Supreme Judicial Court decided a case involving the question of whether officers had satisfied the “reasonable belief” requirement of the Fourth Amendment to the U.S. Constitution and Article 14 of the Massachusetts Declaration of Rights sufficient to permit the entry into evidence of stolen property found at the defendant’s […]

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