Fein Law OfficeBraintree MA Business Law Attorney | Litigation Lawyer2026-07-22T23:31:14Zhttps://www.feinlawoffice.com/feed/atom/WordPressOn Behalf of Fein Law Office<![CDATA[What should business owners do when a contract dispute starts?]]>https://www.feinlawoffice.com/?p=479022026-07-17T10:51:07Z2026-07-22T23:31:14Zcontract dispute can considerably disrupt a business. As such, business owners often need to protect operations while trying to ensure that the terms of a particular contract is upheld. This can lead to challenging situations that might escalate to legal conflict.
Understanding the terms of a contract
One of the first things the business owner should do is to review the terms of a contract at issue to learn about the exact considerations that must be weighed in pursuit of resolution. This can include things like payment terms, deadlines, notice requirements, cancellation rights, limits on damages or dispute resolution procedures. The details in these terms can affect what each side must do in the event of a breach of contract.
Preserving records
Preserving the original signed contract, invoices, proposals, purchase orders, communication, delivery records, change orders and everything else possible can be beneficial, as the evolution of documented understanding between parties can potentially make or break a case.
Communicating carefully
Communication regarding the contract of concern and the dispute at issue should be handled in a professional manner. It should remain factual, specifically note the problem, reference the areas of the contract that was breached and outline the potential resolution.
Tracking losses
Business owners should keep track of the losses they suffer because of any breach of contract. This can include things like extra labor, delayed payments, storage fees, repair expenses, replacement costs and similar expenses, as they may be compensated in the event of a successful legal case.
Contract breaches can sometimes lead to litigation, which can take considerable time and money. Working with a legal professional who is familiar with these matters may be beneficial for business owners who want to protect their company’s interests in a contract breach scenario.]]>On Behalf of Fein Law Office<![CDATA[Can employers use a bankruptcy against you?]]>https://www.feinlawoffice.com/?p=478992026-07-06T08:25:22Z2026-07-09T08:24:50ZIf you’re considering filing for bankruptcy, you likely have a lot of questions and concerns about how potential unintended negative consequences on your life. One concern you may have is whether employers can find out that you have a bankruptcy on your record.
If you’re working to escape overwhelming debt and have financial stability, the ability to get and keep a good job can be critical. The good news is that, increasingly, the law protects employees’ and job applicants’ privacy when it comes to their credit and finances unless those things are applicable to their suitability for the job.
Restrictions under state and federal law
Here in Massachusetts, thanks to a law that took effect just last year, employers are largely prohibited from using credit reports and credit checks in hiring, promotion, termination and other employment decisions. The primary exceptions are for positions where a national security clearance is required or where state or federal laws require them. Financial institutions, for example, may be allowed to obtain and use this information. Law enforcement agencies may be able to as well. While the federal Fair Credit Reporting Act (FCRA) doesn’t have the same kind of restrictions as Massachusetts’ and some other states’ laws have, it does require employers to get an applicant’s written authorization to obtain a credit report. If they do get one, they must provide the applicant or employee with a copy and disclose whether the report played a role in an employment decision.
Addressing bankruptcy with an employer if necessary
It’s crucial to know your rights and protections when it comes to what kind of information an employer can access and use against you. However, another thing to consider is that if an employer does access your credit information, rightfully or not, having a lot of debt on your record can be considered just as bad, if not worse, than having a bankruptcy on it.Bankruptcy can be seen as evidence that you saw a problem and took action to solve it. It’s smart to be prepared if you’re seeking a new job or promotion in the future and, if the subject comes up, to be able to address it in a positive way. Many bankruptcies result from largely unavoidable circumstances, like a layoff or a serious illness. It’s important to learn more about the types of bankruptcy available and separate fact from fiction. Getting experienced legal guidance to determine whether it’s the best solution for you is a good first step.
]]>On Behalf of Fein Law Office<![CDATA[3 construction issues that may require a signed change order]]>https://www.feinlawoffice.com/?p=478952026-06-19T13:06:24Z2026-06-24T13:05:41Zwritten change order acknowledged by the property owner or party who contracted the work. What changes may require a written change order to protect the construction business from future lawsuits? Let’s look at three.
1. Scope adjustments
When a simple cosmetic remodeling uncovers structural issues, plumbing concerns or wiring that does not meet code, professionals must typically address those issues. Any substantial change in the scope of a construction project generally requires a signed acknowledgment from the client.
2. A change in materials
Clients may request specific materials based on personal preference or aesthetic standards. Certain types of stone or hardwood can occasionally become difficult to source. Any change in materials, especially if it contradicts direct contractual standards set by the client, generally necessitates a written notification signed and approved by the client. They may prefer to wait longer or pay more to obtain the materials they requested.
3. A change in timeline or costs
Clients often select construction professionals or firms based on the projected costs or completion timeline for a project. When uncontrollable factors lead to delays or drastically alter the overall cost of the project, the client may need to confirm those changes in writing.
The right inclusions in a contract and appropriate written communication with clients are both critical for the protection of construction companies. Working with an attorney experienced with construction law can make a major difference for those trying to limit their exposure when the construction project does not go as planned.]]>On Behalf of Fein Law Office<![CDATA[Can anyone challenge a will?]]>https://www.feinlawoffice.com/?p=478932026-06-08T14:04:57Z2026-06-11T14:04:01Zstart a will contest.
3 key examples
The first group of people who can usually challenge a will are direct heirs and family members. If an elderly person passes away, their adult children likely have legal standing to challenge the estate plan. The same could be true for a surviving spouse.
Next, those who will be impacted by the estate plan, such as its beneficiaries, often also have standing to challenge that will. They do not have to be family members, but simply individuals who are named in the estate plan. The same can be true for someone who was removed from a previous version of a will.
Finally, creditors may be able to challenge an estate plan. If a creditor is still owed a significant amount of money, but those assets are instead being given to certain beneficiaries, they may challenge that distribution on the grounds that the debt has to be paid off first.
Addressing a will challenge
The first step in a will challenge is just determining if the person bringing it has legal standing to do so. As the case moves forward, it is important for those involved to know how to address the challenge and what legal steps to take. Seeking legal guidance can help.]]>On Behalf of Fein Law Office<![CDATA[When can a business sue for fraudulent misrepresentation?]]>https://www.feinlawoffice.com/?p=478882026-05-27T10:58:37Z2026-06-01T10:57:33ZCore elements behind the claim
Fraudulent misrepresentation is a civil cause of action rooted in intentional deceit. It occurs when a false statement of material fact induces a business transaction and causes financial harm.
Massachusetts courts have drawn a line between actionable fraud and ordinary sales talk. A seller who calls their product "great" may be engaging in puffery, but a seller who claims equipment passed a safety inspection when it did not has potentially crossed into misrepresentation territory.
Required proof for your business
To bring forward a claim, you must establish that the other party made a false statement, knew it was false or acted with reckless disregard for its truth and intended to mislead you. You also need to demonstrate that you reasonably relied on that it.
The final piece involves proving causation and damages. Your business must show that the misrepresentation caused you damages and that those losses were because of the deception rather than unrelated business risks.
Available remedies in fraud cases
If your case succeeds, Massachusetts law offers the following forms of relief:
Compensatory damages
Contract rescission
Attorney fees and litigation costs
The state's consumer protection law can significantly expand the value of a fraud claim in business-to-business disputes. It also allows courts to award double or treble damages when the deceptive conduct was willful or knowing.
Important considerations before legal action
Massachusetts imposes a three-year deadline on fraud claims. The clock typically begins not from the date of the false statement but from the date you discovered or reasonably could have discovered the fraud, under a principle known as the discovery rule.
If your claim also falls under consumer protection, a different timeline and procedure apply. The statute of limitations extends to four years. State law does not require a business plaintiff to send a pre-suit demand letter before filing a business-to-business claim.
Due to how much time these cases can consume, speaking with an attorney can help move things along faster. They can evaluate your case, gather evidence and provide you with realistic expectations on what recovery you have available.]]>On Behalf of Fein Law Office<![CDATA[Guidance for choosing bankruptcy exemptions in Massachusetts]]>https://www.feinlawoffice.com/?p=478902026-05-22T12:02:39Z2026-05-27T12:02:00ZUnderstanding your exemption options
Massachusetts filers may choose either the state exemption system or the federal exemption system. Each system protects different types of property, and each has different dollar limits. Here are some factors to consider:
Your home equity level may guide you toward the Massachusetts homestead exemption if you need stronger protection for your residence.
Your vehicle value may fit better under the federal system if your car is worth more than the Massachusetts limit.
Your personal property may influence your choice because the two systems treat household items, jewelry and tools differently.
Your savings and cash on hand may be better protected under the federal wildcard exemption if you need flexibility.
Your expected future purchases may matter because the federal wildcard exemption can shield new items acquired after filing.
Your long-term goals may affect your decision if you plan to keep or sell certain assets after the case ends.
The exemption system you choose affects what you keep during a bankruptcy case. A careful and informed decision supports a smoother process and helps you move forward with greater confidence.
If you need additional guidance, consider getting experienced legal guidance on the bankruptcy process and its implications.]]>On Behalf of Fein Law Office<![CDATA[Is new entity creation necessary for franchisees?]]>https://www.feinlawoffice.com/?p=478822026-05-08T08:55:57Z2026-05-13T08:54:52ZYes, franchisees create their own company
Franchisees purchase the right to use a company's branding and to run a standalone franchise business, provided that they continue to meet all relevant standards maintained by the franchisor. Franchise agreements outline numerous expectations for franchisees, not the least of which is the creation of an outside business.
Many franchisees specifically choose to establish limited liability companies (LLCs) as a means of protecting themselves from liability and creating a distinct legal entity for business operations. Partnerships and even corporations can also be options, depending on the extent of the franchisee’s holdings and other relevant details.
The creation of an appropriate business entity is a key component of any franchise arrangement. Franchisees must ensure they follow the right steps and comply with all relevant rules to avoid a loss of protection or setbacks during the franchise negotiation and startup process.
A separate legal entity is typically necessary in the early stages of franchise negotiations. Working with a business formation attorney can help those buying into franchises minimize the risks inherent in creating a new business.]]>On Behalf of Fein Law Office<![CDATA[When can you have an estate executor removed?]]>https://www.feinlawoffice.com/?p=478812026-04-23T12:55:54Z2026-04-28T12:55:31ZIf a loved one who has passed away named another family member or maybe a close friend or colleague to be the personal representative (executor) of their estate, you and the other beneficiaries depend on them to handle the job responsibly, efficiently and ethically.
There may be considerable assets on the line, including sentimental ones (like the home you grew up in and family heirlooms) as well as highly valuable ones (like your loved one’s retirement and investment accounts). Some of those assets may have been left to you. You’re understandably concerned if the probate process is moving slowly. That’s especially true if your deceased family member took care to keep as many assets out of probate as possible.It’s not unusual for heirs and other beneficiaries to be so frustrated with the way things are moving that they consider petitioning the probate court to remove the executor from their position – even if it’s someone close to them. Often, people feel they have valid concerns about a person’s trustworthiness or competence.
What does Massachusetts law say?
Under Massachusetts law, an executor can’t be removed without cause as long as they meet the basic requirements (for example, being at least 18). Specifically, a “person interested in the estate” (generally one who stands to benefit from it) can petition for removal for one or more of the following reasons:
They “intentionally misrepresented material facts in the proceedings leading to appointment.”
They have “mismanaged the estate or failed to perform any duty pertaining to the office.”
They disregarded a court order.
The reason for these strict requirements is that the instructions people provide in their estate plan are supposed to be honored unless they are illegal or unreasonable given the present circumstances. For example, maybe someone designated their surviving spouse to be their executor, but that spouse is now elderly and simply unable to do the job, even though they want to.If you believe that a loved one’s designated personal representative needs to be removed and replaced, it’s wise to act as soon as possible – especially if there’s a concern that assets may be lost or stolen or fines and penalties may eat away at them. Getting legal guidance is a good first step if you’re considering this action.]]>On Behalf of Fein Law Office<![CDATA[When construction problems start with the owner]]>https://www.feinlawoffice.com/?p=478762026-04-13T09:53:07Z2026-04-14T10:29:15ZWhat can lead to owner-driven disputes during a project
Construction projects rely on clear plans and consistent payment, and when owners disrupt that structure, disputes can develop and grow over time. Many of these issues trace back to how the project starts and progresses, especially when early decisions and evolving expectations begin to pull the project away from what was originally agreed. Common owner-driven issues include:
Frequent changes to the project without written change orders
Delayed or partial payments that disrupt progress
Unclear or informal agreements about scope of work at the outset
Expectations around cost or timing that do not match the agreed scope
Direct involvement that disrupts workflow, such as directing tasks or hiring additional workers
These actions can blur responsibilities and increase the risk of disagreement as the project moves forward. In some situations, they also influence how others assign responsibility if the dispute escalates.
Why fault is not always clear
Construction disputes often involve shared responsibility, and courts do not base decisions on a single problem but instead review the full picture. This includes the contract and how each side handled changes and payments and whether either side contributed to delays or added costs. Even reasonable decisions can affect how others assign responsibility and can carry financial consequences.
Taking a practical view
When a project problem turns into a dispute, the parties often shift their focus from what they believe went wrong to what the available records show. Contracts, written changes, payment records and day-to-day communication carry more weight than assumptions about fault.
Gaps in documentation or inconsistent decisions can make the situation harder to untangle, even when one side believes they acted reasonably. Taking a step back to identify key decisions and track how the project unfolded can help clarify who approved what, when problems started and which actions contributed to delays or added costs. That clearer picture often shapes how others assess responsibility and how the dispute moves forward.
]]>On Behalf of Fein Law Office<![CDATA[How long can you contest a will after a loved one dies?]]>https://www.feinlawoffice.com/?p=478752026-03-26T12:15:38Z2026-03-31T12:13:18ZTime limits for contesting a will in Massachusetts
The timeline to challenge a will depends on how the estate enters probate. In Massachusetts, the process usually begins when someone files the will with the probate court. If the will enters informal probate, the law generally allows a contest within:
Three years from the date of the testator’s death, or
12 months after the informal allowance of the will
The latter of these two dates normally controls the deadline. Massachusetts law also notes that probate proceedings must begin within three years after the person’s death. However, disputes often arise much earlier. Interested parties typically receive notice when a will enters probate, and objections may occur during the probate process itself.
These rules show why timing plays a vital role in will contests.
Probate deadlines matter in will disputes
Will contests often involve questions about mental capacity, undue influence or the validity of the document. Probate courts rely on timelines so the estate can distribute assets without prolonged uncertainty.
In most situations, protecting your interests in will contests begins with understanding probate deadlines. Reviewing probate filings early can help ensure you have raised your concerns before the time limits restrict your ability to challenge the will.]]>