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    Current Law Summary: Case law precedent


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    Builders Association of Central Massachusetts Inc
    Local # 2280
    51 Pullman Street
    Worcester, MA 01606

    Cambridge Massachusetts Building Expert 10/ 10

    Massachusetts Home Builders Association
    Local # 2200
    700 Congress St Suite 200
    Quincy, MA 02169

    Cambridge Massachusetts Building Expert 10/ 10

    Builders Association of Greater Boston
    Local # 2220
    700 Congress St. Suite 202
    Quincy, MA 02169

    Cambridge Massachusetts Building Expert 10/ 10

    North East Builders Assn of MA
    Local # 2255
    170 Main St Suite 205
    Tewksbury, MA 01876

    Cambridge Massachusetts Building Expert 10/ 10

    Home Builders and Remodelers Association of Western Mass
    Local # 2270
    240 Cadwell Dr
    Springfield, MA 01104

    Cambridge Massachusetts Building Expert 10/ 10

    Bristol-Norfolk Home Builders Association
    Local # 2211
    65 Neponset Ave Ste 3
    Foxboro, MA 02035

    Cambridge Massachusetts Building Expert 10/ 10

    Home Builders & Remodelers Association of Cape Cod
    Local # 2230
    9 New Venture Dr #7
    South Dennis, MA 02660

    Cambridge Massachusetts Building Expert 10/ 10


    Building Expert News and Information
    For Cambridge Massachusetts


    Viewpoint: Firms Should Begin to Analyze Lessons Learned in 2020

    Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

    Viewpoint: A New Approach to Job Site Safety Reaps Benefits

    Release Of “Unknown” Claim Does Not Bar Release Of “Unaccrued” Claim: Fair Or Unfair?

    Quick Note: Mitigation of Damages in Contract Cases

    Supreme Court of California Rules That Trial Court Lacking Subject Matter Jurisdiction May Properly Grant Anti-SLAPP Motion on That Basis, and Award Attorney’s Fees

    Update: Where Did That Punch List Term Come From Anyway?

    Extreme Flooding Overwhelms New York Roadways, Killing 1 Person

    Most Common OSHA Violations Highlight Ongoing Risks

    More In-Depth Details on the Davis-Bacon Act Overhaul

    Wait, You Want An HOA?! Restricting Implied Common-Interest Communities

    BIM Legal Liabilities: Not That Different

    California Supreme Court Confirms the Right to Repair Act as the Exclusive Remedy for Seeking Relief for Defects in New Residential Construction

    The Relevance and Reasonableness of Destructive Testing

    Contractors May be Entitled to Both Prompt Payment Act Relief and Prejudgment Interest for a Cumulative 24%!

    Construction Law Alert: Appellate Court Lets Broad General Release Stand in SB 800 Case

    Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers

    Former Superintendent Sentenced in Rhode Island Tainted Fill Case

    Construction Jobs Expected to Rise in Post-Hurricane Rebuilding

    North Carolina Court Rules In Favor Of All Sums

    Home Sales Topping $100 Million Smash U.S. Price Records

    Five "Boilerplate" Terms to Negotiate in Your Next Subcontract

    New Nafta Could Settle Canada-U.S. Lumber War, Resolute CEO Says

    The “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals

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    Toll Brothers Report End of Year Results

    Michigan Supreme Court Finds Faulty Subcontractor Work That Damages Insured’s Work Product May Constitute an “Occurrence” Under CGL Policy

    Colorado Court of Appeals holds that insurance companies owe duty of prompt and effective communication to claimants and repair subcontractors

    Towards Paperless Construction: PaperLight

    Fifth Circuit Concludes Government’s CAA Legal Claims are Time-Barred But Injunctive-Relief Claims are Not

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    Fifth Circuit Finds Duty to Defend Construction Defect Case

    Ohio Court of Appeals: Absolution Pollution Exclusion Bars Coverage for Workplace Coal-Tar Pitch Exposure Claims

    Extrinsic Evidence, or Eight Corners? Texas Court Sheds Light on Determining the Duty to Defend

    CDJ’s #6 Topic of the Year: Does Colorado Need Construction Defect Legislation to Spur Affordable Home Development?

    “Pay When Paid” Provisions May Not Be Dead, at Least Not Yet

    U.S. Supreme Court Allows Climate Change Lawsuits to Proceed in State Court

    Defective Stairways can be considered a Patent Construction Defect in California

    “Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire

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    Corporate Profile

    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Cambridge, Massachusetts Building Expert Group provides a wide range of trial support and consulting services to Cambridge's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Cambridge, Massachusetts

    Red Wings Owner, Needing Hockey-Arena Neighborhood, Builds One

    August 06, 2014 —
    Billionaire Mike Ilitch and his family plan to create an instantaneous neighborhood around Detroit’s new hockey arena and jump-start an economic recovery where other sports ventures fell short. The 250-acre (101-hectare) project near downtown sets the arena apart from other U.S. stadiums where little or no related development occurred, or arose long after construction. The Ilitches, owners of the National Hockey League’s Detroit Red Wings, will spend $200 million on apartments and retail space to attract residents by the time the arena opens for the 2017 season. They’ll also pay 44 percent of cost to build the arena. “This isn’t, ‘Build it and they will come.’ This is, ‘We’re coming and we’re building it,” said Mark Morante, a manager for the Michigan Strategic Fund, which must authorize a $450 million bond sale to build the arena, the largest by the state’s economic development arm. Read the court decision
    Read the full story...
    Reprinted courtesy of Chris Christoff, Bloomberg
    Mr. Christoff may be contacted at cchristoff@bloomberg.net

    Feds to Repair Damage From Halted Border Wall Work in Texas, California

    May 31, 2021 —
    With hurricane season fast approaching, the U.S. Dept. of Homeland Security has begun repair of large breaches in a 13-mile section of Rio Grande flood barriers in Texas caused by Trump administration border wall contractors building on them—after local officials feared "extensive problems" with their integrity and threatened to bring in their own crews. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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    Reprinted courtesy of

    New Addition to the ASCE/SEI 7-22 Standard Protects Buildings from a 500-year Flood Event

    June 05, 2023 —
    Reston, VA — The American Society of Civil Engineers (ASCE) released a new update to their most widely used standard today, ASCE/SEI 7-22 Minimum Design Loads and Associated Criteria for Building and Other Structures. As the increasing frequency of severe storms puts strain on communities across the globe, the design standard's new flood load provisions will protect against 500-year flood events, which is a significant improvement to the 100-year flood hazard referenced in the previous version. The update — which is available in a supplement as a free download — is a significant revision of the design provisions in Chapter 5 to strengthen building resilience against the flood hazard. The ASCE 7 national loading standard is an integral part of building codes in the United States and around the globe. "For more than 30 years, the ASCE 7 standard has been the authoritative source for the specification of minimum design loads and related criteria in the civil engineering community," said Tom Smith, ASCE Executive Director. "To ensure structures continue to be safe for the public, it is imperative that the standards we rely on are updated to account for emerging risks to the built environment. This Supplement is the most significant change to the standard's flood load provisions since the inception of ASCE 7 and will improve the safety and reliability of structures across the globe." ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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    Reprinted courtesy of

    As Laura Wreaks Havoc Along The Gulf, Is Your Insurance Ready to Respond?

    October 19, 2020 —
    As Texas and Louisiana brace for Hurricane Laura to make landfall, policyholders in the affected regions should be making last minute preparations to ensure their properties are covered in the storm’s wake. Hurricane Laura is expected to make landfall as a Category 4 storm tonight, or early Thursday morning between Houston, Texas and Lake Charles, Louisiana. With wind speeds reaching over 120 mph, Laura has the potential for catastrophic damage to life and property and long-term disruption of normal business operations. The following three steps are crucial to ensuring that you protect your property and business and maximize insurance proceeds should your property fall in the path of this storm:
    1. Locate a copy of your policy. Having your policy on hand prior to a loss will aid in starting your claim as soon as possible, as it may be more difficult to get in touch with your broker following a storm where thousands of claims are taking place simultaneously.
    Reprinted courtesy of Walter J. Andrews, Hunton Andrews Kurth, Michael S. Levine, Hunton Andrews Kurth, Andrea DeField, Hunton Andrews Kurth and Meagan R. Cyrus, Hunton Andrews Kurth Mr. Andrews may be contacted at wandrews@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. DeField may be contacted at adefield@HuntonAK.com Ms. Cyrus may be contacted at mcyrus@HuntonAK.com Read the court decision
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    Reprinted courtesy of

    Doctrine of Merger Not a Good Blend for Seller of Sonoma Winery Property

    April 15, 2015 —
    In Ram’s Gate Winery, LLC v. Joseph G. Roche, et al. (No. A139189 & A141090, filed 4/9/15) (Ram’s Gate), the California Court of Appeal for the First Appellate District held the doctrine of merger did not extinguish a seller’s contractual duty to disclose potentially hazardous seismic conditions on a Sonoma winery property. In Ram’s Gate, the buyer of the property filed a lawsuit alleging the seller failed to disclose information relating to earthquake issues prior to the close of escrow. In the parties’ “Purchase and Sales Agreement” (Purchase Agreement) the seller agreed to disclose any information known to it regarding “known geological hazards . . . soil reports . . . geotechnical reports” and other facts “having effect on the value of the ownership or use of the property.” The seller, however, argued this disclosure warranty did not survive the escrow period because it did not expressly provide for survival while other provisions in the Purchase Agreement did. Reprinted courtesy of Kristen Lee Price, Haight Brown & Bonesteel LLP and Lawrence S. Zucker II, Haight Brown & Bonesteel LLP Ms. Price may be contacted at kprice@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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    Reprinted courtesy of

    Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law Firms by Construction Executive

    June 20, 2022 —
    ACS is proud to announce it has once again been ranked among The Top 50 Construction Law FirmsTM in the Construction Executive 2022 rankings. ACS is the highest ranked law firm in the US practicing out of a single office. ACS specializes in delivering the highest quality construction law services. ACS prides itself on providing excellent services to clients in matters relating to contract documents, construction dispute resolution, and government contracts. If resolution efforts fail, ACS has the experience and ability to represent clients in high-stakes litigation. Since 2018, ACS has obtained three significant jury verdicts in favor of its general contractor clients, including awards of prevailing party attorneys’ fees and costs and expenses. Founded in 2007, ACS’ vast knowledge and industry experience led our lawyers to hold many leadership positions. Three of our lawyers are past chairs of the Washington State Bar Association’s Construction Law Section, five of our lawyers have served as the Chair of the Associated General Contractors of Washington’s Legal Affairs Committee, and many of our lawyers are recognized as Super Lawyers and Rising Stars in Super Lawyers Magazine/Thomson Reuters. We have represented construction firms before the Supreme Court and the Court of Appeals in numerous precedent-setting cases, and have testified before the Legislature. ACS’ commitment to the construction industry shows in our results. Read the court decision
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    Reprinted courtesy of Scott R. Sleight, Ahlers Cressman & Sleight PLLC
    Mr. Sleight may be contacted at scott.sleight@acslawyers.com

    When Does a Claim Against an Insurance Carrier for Failing to Defend Accrue?

    November 07, 2012 —
    The following is an update on our December 20, 2010 article regarding United States Fire Insurance Company v. Pinkard Construction Company, Civil Action No. 09-CV-01854-MSK-MJW, and its underlying dispute, Legacy Apartments v. Pinkard Construction Company, Case No. 2003 CV 703, Boulder County Dist. Ct. That article can be found here. The present action, St. Paul Fire and Marine Insurance Co., et al. v. The North River Insurance Co., et al., Civil Action No. 10-CV-02936-MSK-CBS, encompasses the coverage battle that ensued between Pinkard’s insurers, Travelers Indemnity Company of America (“Travelers”) and United States Fire Insurance Company (“USFI”), following the settlement of Legacy’s construction defect claims against Pinkard. A short history of the underlying facts is as follows: In 1995, Pinkard constructed the Legacy Apartments housing complex in Longmont, Colorado. Following construction, Legacy notified Pinkard of water leaks associated with various elements of construction. Legacy ultimately filed suit against Pinkard in 2003, and would go on to clarify and amend its defect claims in 2004, 2006, and again in 2008. Following Pinkard’s notification of Legacy’s claims, USFI provided a defense to Pinkard, but Travelers refused to do so, on the purported basis that Legacy’s allegations did not implicate property damage under the terms of Travelers’ policy. Read the court decision
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    Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain can be contacted at mclain@hhmrlaw.com

    DRCOG’s Findings on the Impact of Construction Defect Litigation Have Been Released (And the Results Should Not Surprise You)

    November 13, 2013 —
    The downward trend in attached-housing construction in Colorado is well-known and discussed often within the region’s construction, insurance, finance, and legal communities. In recent years, builders and insurers in particular have striven to bring greater awareness to local governments and lawmakers regarding the impact that construction defect lawsuits have on the builders’ ability to introduce desirable, affordable, yet cost-efficient attached-housing options, such as condominiums and townhomes, into the marketplace. The Denver Regional Council of Governments (“DRCOG”) has been aware of the builders’ and insurers’ plight, largely because of the impact that the scarcity of affordable attached-housing has had on their respective communities. On October 29th, DRCOG released its long-awaited Denver Metro Area Housing Diversity Study, prepared by Economic & Planning Systems, Inc., which investigated the factors contributing to the recent (downward) attached-housing development trends and conditions. The Study evaluated factors including changing financing and insurance requirements for builders and homebuyers, the impacts of foreclosures, changes in prospective homebuyer demographics, economic conditions which limit options for prospective homebuyers, and the costs and risks associated with construction defect regulations and lawsuits. Despite the retorts and rebukes of the naysayers, the negative impact of construction defect regulations and lawsuits on Colorado’s housing market is significant. Read the court decision
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    Reprinted courtesy of Derek Lindenschmidt
    Derek Lindenschmidt can be contacted at lindenschmidt@hhmrlaw.com