Cambridge Massachusetts Building Expert Directory

Japan Quake Triggers Landslides, Knocks Power Plant Offline

September 10, 2018 — Jeff Rubenstone - Engineering News-Record
A magnitude 6.7 earthquake occurred on the northern Japanese island of Hokkaido on Sept. 6, leaving at least seven dead and damaging buildings and structures in the region, including a 1,650MW coal-fired thermal power plant that was taken offline. Read the court decision
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Reprinted courtesy of Jeff Rubenstone, ENR
Mr. Rubenstone may be contacted at rubenstonej@enr.com

Trump Administration Waives Border Wall Procurement Rules

March 23, 2020 — Mary B. Powers & Debra K. Rubin - Engineering News-Record
Acting Homeland Security Secretary Chad Wolf on Feb. 20 waived federal contracting rules to expedite construction of the U.S-Mexico border wall in California, Arizona, New Mexico and Texas, citing legal authority under several U.S. laws, some dating back to the 1990s, to deal with what he claimed is "an acute and immediate need to construct physical barriers and roads ... to prevent unlawful entries." Reprinted courtesy of Mary B. Powers, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story... Read the court decision
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One Stat About Bathrooms Explains Why You Can’t Find a House

June 10, 2015 — Patrick Clark – Bloomberg
Thirty-six percent. That’s the share of homes built in the U.S. last year that had three or more bathrooms, up from 26 percent in 2005, according to the U.S. Census Bureau. If you’re on the market for your first home, that statistic can help explain why you’re having a hard time finding something you can afford. In the years since the recession, builders have devoted their energy to “move-up” homes, which is what the industry calls houses that are too expensive for most first-time buyers. The result is clear from the bureau’s report on the characteristics of new housing, released on Monday: New homes have more bedrooms, bathrooms, and parking spaces. If you prefer a more conventional measure, the median square footage for new homes has increased 10 percent in the past decade. Read the court decision
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Reprinted courtesy of Patrick Clark, Bloomberg

No Coverage for Additional Insured After Completion of Operations

March 26, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Fifth Circuit held there was no duty to defend an additional insured for alleged negligence after completion of the project. Woodward v. Acceptance Indemn. Ins. Co., 2014 U.S. App. LEXIS 2569 (5th Cir. Feb. 11, 2014). Pass Marianne, L.L.C. contracted for the construction of condominiums. The general contractor was Woodward. DCM Corporation, L.L.C. was a subcontractor for the concrete work. DCM worked on the project from January to October 2006. The entire project was completed in August 2007. Pass Marianne sold the condominiums to Lemon Drop Properties in October 2007. Lemon Drop sued Pass Marianne and Woodward a year after purchasing the condominium. Pass Marianne filed a cross-claim against Woodward alleging faulty construction and damage arising out of the construction. The claims were arbitrated. A significant issue in the arbitration was the fault of the concrete subcontractor, DCM. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Some Work Cannot be Included in a Miller Act Claim

June 28, 2021 — Christopher G. Hill - Construction Law Musings
The Miller Act is close to my heart here at Construction Law Musings. Payment bond claims under the Miller Act help protect subcontractors on construction projects where the national government or its agencies are the owners of the property and therefore mechanic’s liens are unavailable. Even where you follow the proper claims process under this statute, the question remains as to what sorts of costs can be included in the claim. A recent case out of the Eastern District of Virginia federal court in Alexandria, VA gives some insight into the limits of claims under the federal Miller Act. In Dickson v Forney Enterprises, Inc. et. al., the Court looked at the question of whether costs of a project manager’s purely clerical duties can be included and correspondingly whether performing those duties can extend the relevant one-year limitations period for filing suit. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Court Finds Duty To Defend Environmental Claim, But Defense Limited to $100,000

August 14, 2023 — Tred R. Eyerly - Insurance Law Hawaii
While agreeing with the insured there was a duty to defend, the court determined the defense of an environmental claims was limited to $100,000. Casa Nido Partnership v. JAE Kwon, 2023 U.S. Dist. LEXIS 97701 (N.D. Calif. June 5, 2023). In 1976, Casa Nido purchased the property and remains the current owner to this day. Catherine O'Hanks owned and operated a dry-cleaning facility at the property from 1960 to 1992. In August 2016, Casa Nido learned of Tetrachloroethylene (PCE) subsurface contamination. Casa Nido stipulated that it did not know, nor had any reason to know, before 2016, of the existence of the subsurface contamination. Casa Nido alleged that due to equipment malfunction or improper usage, there were sudden and accidental spills and equipment overflows of PCE during the 32-year period that defendant O'Hanks operated the dry-cleaning business on the property. Casa Nido spent hundreds of thousands of dollars remediating the environmental damage. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Insurer's Appeal of Jury Verdict Rejected by Tenth Circuit

March 06, 2023 — Tred R. Eyerly - Insurance Law Hawaii
After a jury awarded damages related to the insurer's delayed payment under the claim and the insurer's post trial motions to set aside the verdict were denied, the Tenth Circuit affirmed. US General, LLC v. GuideOne Mut. Ins. Co., 2022 U.S. App. LEXIS 34066 (10th Cir. Dec. 12, 2022). Crossroads American Baptist Church submitted a claim to GuideOne for hailstorm damage. Crossroads hired US General as the general contractor to perform the repairs and later assigned its interest in the insurance policy to US General. Numerous disputes arose between Crossroads and GuideOne regarding the cost of the repairs. There were delayed payments and portions of the repairs were never paid for. The delayed payments meant GuideOne's ability to begin making the repairs was hindered because it was more expensive to start and stop a project. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Used French Fry Oil Fuels London Offices as Buildings Go Green

December 10, 2015 — Siobhan Wagner – Bloomberg
PricewaterhouseCoopers LLP’s office above Charing Cross railway station in London is cooled, heated and fueled by an unlikely source: used cooking oil. The system, which helped the property become the greenest building in the U.K. capital, uses oil refined less than two miles away at London Bridge. It also helps prevent an invisible problem: “fatbergs” formed when oils dumped in drains and pipes congeal with baby wipes and diapers and block the city’s sewers. “We’re using London’s waste to fuel a London office building,” said Jon Barnes, head of building at PwC. The system contributed toward a one-third reduction in electricity costs after a two-year refurbishment of the One Embankment Place office building that finished last year. Read the court decision
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Reprinted courtesy of Siobhan Wagner, Bloomberg

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