Kenney & Sams, PLLC

🔒 Securing Payment on Public Construction Projects: The Power of Bond Claims By: M. Matthew Madden, Jr. Payment bond claims are essential in ensuring subcontractors and suppliers get paid for their work on public construction projects. In Massachusetts, the Payment Bond Statute (G.L. c. 149, § 29) plays a critical role—especially since mechanics' liens can’t be filed on public property. https://buff.ly/3Xkl1ck Key takeaways: ✅ The statute applies to public projects valued at $25K+ ✅ Subcontractors at any level can recover under the bond ✅ Notice and timing requirements are crucial (65-day deadlines and one-year filing windows apply) 💡 A recent federal case (U.S. v. Hirani Engineering) shows how timely and compliant bond claims can significantly impact recovery. The court awarded nearly $2.6M—far exceeding the contract cap—because the subcontractor followed proper bond claim procedures. Why it matters: 📌 Timely filing = better protection 📌 Understanding legal nuances can maximize recovery 📌 Bond claims provide an extra layer of financial security 💬 Have you had experience navigating payment bond claims on public projects? Let’s discuss how these protections have impacted your projects. #ConstructionLaw #PaymentBonds #PublicProjects #MassachusettsLaw #ConstructionIndustry #BondClaims #Contractors #Subcontractors

🎙️ New Episode of Trial Think – "Trying Your First Case" In the latest episode of "Trial Think", Kenney & Sams, PLLC’s J. Nathan Cole sits down with partners Greg Vanden-Eykel and Alexander R. Zwillinger to discuss what it’s like to first-chair a jury trial. From handling complex employment and construction litigation to navigating the courtroom for the first time, Greg and Alex share firsthand experiences, key takeaways, and practical advice for trial readiness. Greg dives into a recent high-stakes disability discrimination case involving a national healthcare provider—resulting in a successful defense verdict. Meanwhile, Alex talks about balancing construction and commercial litigation and the mindset needed to step confidently into the courtroom. Whether you’re an associate preparing for your first trial or a seasoned attorney looking for fresh perspectives, this episode offers valuable insights into the realities of trial work. 🔗 Listen now on your favorite podcast platform. https://buff.ly/4kcbyxw #litigation #legal #lawfirm #lawyers

🇺🇸 Honoring Leadership & Justice this Presidents Day 🇺🇸 Great leadership is built on integrity, resilience, and the pursuit of justice—values that have shaped our nation and continue to guide us at Kenney & Sams. On this Presidents Day, we recognize the leaders who have championed the rule of law and the principles that protect our rights, resolve disputes, and strengthen our communities. As trusted legal advisors, we remain committed to these ideals, providing strategic counsel and steadfast advocacy for our clients. Wishing everyone a meaningful Presidents Day! #PresidentsDay #Leadership #Justice #LegalExcellence

🫳 The Winter Newsletter is out! 🎤 Read all about it: Exciting K&S updates and timely legal insights! https://buff.ly/3EMoZUq #Boston #NewEngland #Legal

🗓️ Mark your calendars for our annual Employment Law Symposium on APRIL 1, 2025. #employmentlaw #Massachusetts #symposium

Client Alert 📣

🚨 CLIENT ALERT Tariffs, Trade Wars, and Takeaways: Protect Your Business From Supply Shocks and Price Increases By: Anthony Fioravanti and Samantha Corcoran As we head into the second month of 2025, businesses should proactively implement risk management measures to reduce risks posed by supply chain disruptions and price increases. As President Trump’s administration has announced new tariffs on imported goods and materials from Canada, Mexico and China, many business owners are wondering what strategies they can use to address potential increases in lead times and costs for imported raw materials and other construction materials. Proposed tariffs, which range from 10% to 25% based on the country of origin, are likely to increase steel, iron, lumber, concrete, imported building materials and finished good costs. While the effects of tariffs are largely unknown, general contractors and subcontractors would be well advised to implement risk management tools to limit the potentials risks tariffs and other potential supply chain disruptions may cause to their bottom line. Read the full article here: https://buff.ly/3EszL2h

CLIENT ALERT: What Employers Need To Know About I-9 Audits and Immigration Raids By: Michelle De Oliveira and Greg Vanden-Eykel On January 20, 2025, President Trump issued a series of Executive Orders focused on state and federal immigration law enforcement, border security, detention, and removal of individuals unlawfully present in the United States. On the same day, Acting Department of Homeland Security Secretary Benjamine Huffman issued two directives aimed at empowering law enforcement officials to enforce immigration laws—and on January 29, 2025, President Trump signed the Laken Riley Act, a law that requires federal detention of individuals without lawful immigration status who are accused of certain crimes. Read more: https://buff.ly/3Q1EGK2

👀 In Case you Missed It: Court Strikes Down DOL’s Final Rule on Salary Thresholds for Overtime Exemptions On November 15, 2024, the U.S. District Court for the Eastern District of Texas invalidated the DOL’s Final Rule increasing salary thresholds for white-collar overtime exemptions. This ruling has significant implications for employers, including, eliminating the previously required July 1, 2024 salary increases, voiding the anticipated January 1, 2025 salary increases, and halting future salary increases that had been required under the Final Rule. Employers should review the information below and closely reassess whether they wish to adjust their salary structures. https://buff.ly/3AZm7lI By: Laura Raisty and Michelle De Oliveira

🚧 Tailoring Safety: Navigating OSHA's New Proper Fit Requirement for PPE 🚧 By: M. Matthew Madden, Jr. https://buff.ly/3PTQFcm Starting January 13, 2025, OSHA’s updated rule under 29 C.F.R. 1926.95(c) requires all personal protective equipment (PPE) on construction sites to properly fit each worker, ensuring protection against hazardous conditions. This includes all PPE, whether provided by the employer or purchased by the worker, such as hard hats, gloves, goggles, safety shoes, harnesses, and more. While OSHA allows flexibility in determining "proper fit," noncompliance could lead to significant financial penalties per violation. What should employers do to prepare? ☑️ Audit PPE inventory to ensure sizes accommodate diverse body types, including women and larger bodies. ☑️ Inspect PPE regularly to verify proper fit and functionality, adjusting or replacing as needed. ☑️ Provide training to workers on proper PPE use, adjustment, and recognizing when PPE needs replacement. ☑️ Document compliance efforts by maintaining records of assessments, inspections, training, and adjustments. With stricter PPE requirements ahead, understanding your legal obligations is critical. Employers may want to consult legal counsel to navigate liabilities and ensure full compliance with OSHA standards. 💡 Need guidance? Contact us to discuss how to prepare your organization for OSHA's updated PPE requirements. #ConstructionSafety #OSHACompliance #PPE