Category Archives:Breach of Contract

Government Contract Kickback

Illegal Kickback Revealed in Government Contract

Kick Back in the Procurement of a Government Contract Disallows a Fee

Where a demolition subcontractor failed to pay a fee from a person who helped it obtain a subcontract from the general contractor, the suit was disallowed when the subcontractor sued the general contractor for the fee out of monies owed to the person who helped obtain the contract.

Carlo Cellai, Esq. represented the general contractor and took the position that the fee by the person who helped the demolition subcontractor obtain the contract was an illegal kick back in violation of the anti-kick back laws.

The Court agreed with the position put forth by Carlo Cellai, Esq. on behalf of the general contractor that the payment of any fee to the person who helped the subcontractor obtain the contract was an illegal kick back scheme for which no payment was due.

Massachusetts Lawyers Weekly

Cellai Law Turns $20,000 into $175,000

Irrevocable Sale and Recovery Solution

Carlo Cellai, Esq. Represented a Lawyer Against His Client and After Judgment, Sold Her Summer House at Auction.  The Client Was Not Entitled to an Equitable Set Off for Amounts Above the Judgment

Carlo Cellai, Esq. represented a lawyer who obtained a $20,000 judgment against his client.  When the Judgment became final, Carlo Cellai, Esq. levied and sold the lawyer’s client’s interest in a summer home in Scituate, Massachusetts.  When the sale became irrevocable, Carlo Cellai, Esq. on behalf of the attorney filed a Petition to Partition the real estate.  At a trial on the partition action, the Court ruled that when the attorney’s interest in the house vested absolute, he became the owner of all of the client’s right title and interest in the house. Ultimately, the house was sold for $350,000.  The attorney received one half of the proceeds of $175,000 as his former client’s interest in the house.  Carlo Cellai, Esq. turned an approximately $20,000 judgment into a $175,000 recovery.

Massachusetts Lawyers Weekly