Mechanics Lien, Lien Releases
Mechanics Lien, Lien Releases Frequently clients ask me whether they should sign lien waivers saying that they have been paid in full as a precondition of being paid. My answer is an unequivocal NO. If you are a sub-subcontractor who signs a mechanics lien, lien...
Owner Settled With Boston General Contractor For Triple Damages- GC’s Subcontractors Directly Violated 93A, The Consumer Protection Statute
Carlo Cellai, Esq. tried this construction case to a Judge in the Boston Municipal Court. In the case, the owner sought to undermine the general contractors case and damages by settling the outstanding subcontractor bills for a discount. Attorney Cellai took the...
Improperly Executed Documents are Creditors Biggest Impediment
Improperly Executed Documents are the Biggest Impediment to Holding Someone Responsible for a Debt. Occasionally commercial companies will place a debt with me to sue a company debtor and its individual guarantor where the personal guarantee is not properly executed....
No Written Contract? No problem. Usually.
No written contract but you still claim a debt is due? I am frequently asked about whether someone can sue for money owed even if they do not have a written contract. My response is typically, yes, there is no impediment to suing for a breach of contract when there is...
International Debt Collection
Issues Enforcing Out of State and Out of Country Judgments Cellai Law has experience with some of the biggest issues enforcing out of state and out of country collection judgments. We very often asked to enforce out of state Judgments and Judgments from other...
Debt-Reach and Apply
Debts owed to Your Debtor can be Reached in Satisfaction of a Debt-Reach and Apply I am frequently asked whether a third party can be sued for a debt or part of a debt when money has been provided to the third party as part of another transaction. My answer is...
Debt Money Had and Delivered
Collecting Debts owed to Your Debtor Debts owed to Your Debtor can be Reached in Satisfaction of a Debt – Money Had and Delivered I am frequently asked whether a third party can be sued for a debt or part of a debt when money has been provided to the third party as...
Child Support Order Collection
Judgement in 20 Year Old Statute Case An Action by a Mother for a Decades Old Child Support Order was not Barred by the Statute of Limitations or Laches Carlo Cellai, Esq. filed an action in 2002 to enforce an approximately twenty two year old child support order. The...
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...
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...
Insurance Company Pays Damages
Commercial Building in the Boston Financial District Ruled a Collapse, Insurance Company Must Pay Tenant Losses Carlo Cellai, Esq. represented a Trust against an insurance company for damages when the insurance company refused to pay damages when the building that the...
Passing NSF Checks Constitutes Fraud
Presenting and Passing Non Sufficient Funds Checks Constitutes Fraud Carlo Cellai, Esq. represented a bank where a bank depositor and former lawyer deposited checks from a different bank into his bank account. Before the checks had a chance to bounce, the depositor...