Cambridge Massachusetts Building Expert Directory

Kushner Company Files Suit Against Jersey City Over Delays to Planned Towers

July 10, 2018 — Associated Press - Engineering News-Record
JERSEY CITY, N.J. (AP) — Jared Kushner's family company has filed a lawsuit against a New Jersey city, saying it forced the delay of a major twin-tower project due to "political animus" toward President Donald Trump. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR staff may be contacted at ENR.com@bnpmedia.com

Social Engineering Scams Are On the Rise – Do I Have Insurance Coverage for That?

June 01, 2020 — Jeffrey Dennis & Heather Whitehead - Newmeyer Dillion
Cyber attackers all know that the majority of organizations are currently working from home due to the ongoing COVID-19 (commonly referred to as the Coronavirus) pandemic. And, as would be expected, social engineering scams are on the rise. Nonetheless, there may be limitations in your cyber liability insurance policy for these types of claims. It is advisable to take the initiative to review such insurance policies in detail for coverage considerations prior to the occurrence of any cyber incident. And, of course, protect your business from attacks by engaging in precautious cyber safety efforts. What Is Social Engineering? Social engineering refers to various means to manipulate individuals in the online environment so that they divulge sensitive, personal information, such as banking information, which may include account numbers and passwords. This can also take the form of receiving a request to transfer funds to what the victim believes is another employee, trusted financial information or other party with whom the person has a business relationship with. Unfortunately, however, those funds ultimately are received by the engineer of the cyber attack. Reprinted courtesy of Jeffrey M. Dennis, Newmeyer Dillion and Heather Whitehead, Newmeyer Dillion Mr. Dennis may be contacted at jeff.dennis@ndlf.com Ms. Whitehead may be contacted at heather.whitehead@ndlf.com Read the court decision
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Colorado Springs may be Next Colorado City to Add Construction Defects Ordinance

October 28, 2015 — Beverley BevenFlorez-CDJ STAFF
The Gazette reported that Colorado Springs city councilwoman Jill Gaebler stated that “she would bring a proposal to the council next month that would address the construction defects issue.” Gaebler told The Gazette: “We have gone back and forth with how best to address this issue. It is a statewide concern, so how do we bring forward something that is meaningful to our community without stepping on the toes of our legislators?” The state of Colorado has tried and failed to pass construction defects legislation three years in a row, according to The Gazette. If Colorado Springs adopts an ordinance, it will become the ninth city to pass construction defects laws. Read the court decision
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The Dangers of an Unlicensed Contractor from Every Angle

January 11, 2021 — William L. Porter - Porter Law Group
The State of California requires that contractors in the building trades be licensed. Individuals and business entities obtain their contractors licenses by demonstrating to the California Contractors State License Board that they have the requisite knowledge, skill, and experience to be licensed. The CSLB issues licenses to those meeting requirements. As a construction attorney of longstanding tenure, I have witnessed the impact of unlicensed building contractors from every point of view. If you are considering hiring an unlicensed contractor, acting as an unlicensed contractor or even working for an unlicensed contractor as an employee, please consider the following perils: To the Owner Considering Hiring an Unlicensed Contractor: On the positive side for owners considering hiring an unlicensed contractor, the general rule in California is that an owner can escape the obligation to pay an unlicensed contractor for work performed and materials supplied because unlicensed contractors are prohibited from bringing legal actions against owners for payment. The law even goes so far as to allow the Owner to bring a legal action against the unlicensed Contractor for reimbursement of anything the owner paid to the unlicensed contractor. This is done through a “disgorgement” action (see, Business and Professions Code 7031. See also, the following article: Disgorgement Article). Despite this, there are a great many negative potential consequences to be considered by any owner who might consider hiring an unlicensed contractor. Among them are the following:

If you are considering not paying your unlicensed contractor because Business and Professions Code 7031 allows it, please consider that unlicensed contractors, who have clearly demonstrated a disinclination to follow legal obligations in the first place, may resort to “less than socially acceptable” means of exacting retribution against those who do not pay them or who demand the return of money paid through a disgorgement action I am sorry to say this. Let us leave it at that.

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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Former Sponsor of the Lenox Facing Suit in Supreme Court

January 13, 2014 — Melissa Zaya-CDJ STAFF
Lewis Futterman, former sponsor of the Lenox condominium in Harlem, New York, is being sued by the condo board for alleged “building code violations, construction defects, and fraud” according to New York Curbed. The residents claim that Futterman filed for bankruptcy in 2010 to avoid paying for repairs. The Lenox condo board filed suit in the New York Supreme Court last December 31st. The Lenox’s condo board claims that the building has “fundamental structural flaws, a defective roof and pervasive leakage,” reports Rowley Amato of New York Curbed. The board also claims the original offering plans were not the same as the units purchased by residents in 2006. Residents paid an estimated two hundred and sixty thousand to repair defects within the condominium, and they are pursuing a minimum of four million in damages. Katherine Clarke of The Real Deal stated that Futterman would only “say that the issue was between the residents and the construction company which built the project.” Read the full story at New York Curbed... Read the full story at The Real Deal... Read the court decision
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Appreciate The Risks You Are Assuming In Your Contract

February 10, 2020 — David Adelstein - Florida Construction Legal Updates
APPRECIATE THE RISKS YOU ARE ASSUMING IN YOUR CONTRACT. Otherwise, those risks will come back and bite you in the butt. This language is not capitalized for naught. Regardless of the type of contract you are entering into, there are risks you will be assuming. You need to appreciate those risks because there may be insurance you can obtain to cover that risk. For instance, exculpatory provisions (or get-out-of-jail provisions) in contracts are enforceable if they are unambiguous. “Such provisions are deemed to be unambiguous and enforceable when the language unequivocally demonstrates a clear and understandable intention for the defendant to be relieved from liability such that an ordinary and knowledgeable person will know what he or she is contracting away.” Pillay v. Public Storage, Inc., 44 Fla.L.Weekly D2744c (Fla. 4th DCA 2019). An example of an exculpatory provision can be found in the public storage rental contract found in Pillay that read: (1) ALL PERSONAL PROPERTY IS STORED BY OCCUPANT AT OCCUPANT’S SOLE RISK. (2) Owner and Owner’s agents . . . will not be responsible for, and Tenant releases Owner and Owner’s agents from any responsibility for, any loss, liability, claim, expense, damage to property . . . including without limitation any Loss arising from the active or passive acts, omission or negligence of Owner or Owner’s agents. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Insurer Must Pay To Defend Product Defect Claims From Date Of Product Installation

January 31, 2018 — Michael S. Levine & Brittany M. Davidson - Insurance Recovery Blog
An Iowa federal court recently ruled that an insurer must pay its policyholder’s defense costs from the date of installation of the allegedly faulty product, even though the underlying suits failed to allege when damage purportedly occurred. The ruling opens the door under each of the policyholder’s successive liability policies from 2000 to 2008, allowing the policyholder to recover millions of dollars in defense costs. The policyholder sought summary judgment concerning the date(s) on which the insurer’s defense obligation was triggered by fourteen of the fifteen claims asserted against it. The policyholder argued that the duty attached from the moment property damage potentially occurred, meaning the time when the underlying claimant installed or potentially could have installed the windows at issue in the underlying claims. The policyholder cited to the following evidence to support its claim: actual dates of installation (where available), dates of delivery, purchase or manufacture of the windows; and policy period referenced in the insurer’s claims notes as being potentially implicated by the claim. Reprinted courtesy of Michael S. Levine, Hunton & Williams and Brittany M. Davidson, Hunton & Williams Mr. Levine may be contacted at mlevine@hunton.com Ms. Davidson may be contacted at davidsonb@hunton.com Read the court decision
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Rooftop Owners Sue Cubs Consultant for Alleged False Statements

January 24, 2014 — Beverley BevenFlorez-CDJ STAFF
A disagreement over signage potentially blocking rooftop owner’s views has stalled Wrigley Field’s proposed $300 million renovation, reported the Chicago Tribune. However, a recently lawsuit filed between the two entities regarded allegedly false statements made by Marc Ganic, a Chicago sports business consultant, published in the Chicago Sun-Times: “In the story, Ganis is quoted as saying the rooftop clubs were ‘stealing’ the Cubs product for their own profit,” according to the Chicago Tribune. The rooftop owners claimed in the suit that “they have a contractual arrangement with the team that allows them to sell tickets to people who want bird’s-eye views of the game.” The Chicago Tribune attempted to contact Ganis for comment, but he “did not return several messages.” The rooftop owners and the Cubs entered into a “20-year agreement in 2004 in which the rooftop owners pay the Cubs 17 percent of the team's yearly profits in exchange for unobstructed views into the ballpark,” according to ESPN. “The Cubs dispute that notion, however, contending the unobstructed views were guaranteed through the landmarking of the bleachers not with the agreement they have with the rooftop owners.” Business president Crane Kenney explained to ESPN that the city council amended the landmarking rule for the field: “[The council has] now recognized the outfield is not a historic feature. And above a 10-foot level we can have signage. That was the big win last summer, among many. That's what the rooftops would contest.” According to ESPN the Cubs will not start the renovation project until they have an agreement with the rooftop owners “that includes a guarantee not to sue the Cubs for breach of contract, which would delay construction.” Read the full story at the Chicago Tribune... Read the full story at ESPN... Read the court decision
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