Cambridge Massachusetts Building Expert Directory

Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

August 21, 2023 — Melissa Dewey Brumback - Construction Law in North Carolina
Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. You can also terminate for Owner delays to the work, or where you think the contractor should be fired but the Owner disagrees. Again, the standard 7 days written notice is required. (See B101 §9.4). Do you have to walk off the job if they are not paying you? No—you could exercise the smaller remedy of suspending services (with 7 days written notice) until payments are caught up or the contract performance is corrected by the Owner. (See B101 §9.1). Suspension rather than outright termination is a softer approach when working with an owner you do not want to burn (too many) bridges with. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

South Carolina Contractors Regain General Liability Coverage

May 20, 2011 — CDJ STAFF

PR Newswire reports that the Carolinas Associated General Contractors (CAGC) have successfully persuaded the South Carolina legislature to pass a bill restoring commercial general liability (CGL) coverage. Governor Nikki Hartley signed the legislation on May 17.

A South Carolina Supreme Court decision given on January 7, 2011, had ended commercial general liability coverage in the state. Senate Bill 431 addressed this decision, restoring the ability of home builders to obtain CGL coverage.

PR Newswire quotes South Carolina homebuilder, Allen Amsler: “We have seen a lot of legislation with substantial impact to our business over the years. However, I would place this in the same level of importance with the original tort reform legislation. The effects of the Supreme Court’s ruling could have been catastrophic to our industry in South Carolina had it not been for this bill. Thanks to all those in the House, Senate and the Governor’s office who assisted us.”

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Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2021

November 30, 2020 — Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP is listed in the U.S. News – Best Lawyers® (2021 Edition) “Best Law Firms” list with five metro rankings in the following areas: Los Angeles

Tier 1

Insurance Law
Personal Injury Litigation – Defendants
Product Liability Litigation – Defendants
Product Liability Litigation – Plaintiffs

Tier 2

Personal Injury Litigation – Plaintiffs

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Reprinted courtesy of Haight Brown & Bonesteel LLP

How to Lose Your Contractor’s License in 90 Days (or Less): California and Louisiana

November 15, 2021 — Rafael Boza - Gravel2Gavel Construction & Real Estate Law Blog
Having your Contractor’s License up and running to perform work when needed, where needed, is an indispensable compliance matter that contractors face every year. However, this indispensable process may also be cumbersome and time consuming. Knowing the regulations applicable to your business in each state and what to do, how to do it, and when to do it, is of critical importance to maintain compliance and your ability to work in different states. In this post we will do a high-level review of reporting obligations in California and Louisiana. California’s Contractors’ State License Law, Bus. & Prof. Code §§ 7000 et seq., requires licensees to report various information to the Contractors State License Board (CSLB) “within 90 days” of the effective date or event. Louisiana State Licensing Laws and Regulations, R.S. §§ 37:24 et seq. and La. Admin. Code tit. 46, XXIX, §§ 101 et seq. also require similar reporting to the Louisiana State Licensing Board for Contractors (LSLBC), sometimes “within 15 days” of the event. Read the court decision
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Reprinted courtesy of Rafael Boza, Pillsbury
Mr. Boza may be contacted at rafael.boza@pillsburylaw.com

Brown and Caldwell Appoints Stigers as Design Chief Engineer

December 13, 2022 — Brown and Caldwell
WALNUT CREEK, Calif., Dec. 06, 2022 — Brown and Caldwell today announces Vice President Tracy Stigers has been appointed as design chief engineer in recognition of four decades of exceptional technical leadership and client service. She is the first woman in the firm's 75-year history to hold the esteemed title. Stigers will lead all design from a technical and delivery expertise perspective across all of Brown and Caldwell's design initiatives, implementing innovation, quality control, and project delivery throughout North America and the Pacific. Since joining the leading environmental engineering and construction services firm in 1980, Stigers has progressed from junior engineer to one of its top technical and delivery experts. She has vast experience in the design and construction of large-scale wastewater conveyance, treatment, and reuse facilities, including serving as project manager on the San Francisco Public Utilities Commission's $2.3 billion Biosolids Digester Facilities Project, the largest value design job in Brown and Caldwell's history. Early in her career, Stigers worked alongside and was mentored by company co-founder Dave Caldwell, helping shape its tradition of solving the most challenging water and environmental challenges. Her dedication to upholding Brown and Caldwell's reputation for project excellence and innovation was commended by CEO Rich D'Amato: "Tracy is the epitome of quality, commitment, and technical prowess," he said. "Her leadership, knowledge, and legacy of delivering solutions to clients perfectly embody our heritage and is a shining example for tomorrow's aspiring engineering leaders." Throughout her career, Stigers has held numerous leadership roles at industry organizations, including sitting on the board of trustees for the Water Environment Federation and the California Water Environment Association. She is a current member of the Clarkson University Engineering Advisory Council. About Brown and Caldwell Headquartered in Walnut Creek, California, Brown and Caldwell is a full-service environmental engineering and construction services firm with 52 offices and 1,800 professionals across North America and the Pacific. For 75 years, our creative solutions have helped municipalities, private industry, and government agencies successfully overcome their most challenging water and environmental obstacles. As an employee-owned company, Brown and Caldwell is passionate about exceeding our clients' expectations and making a difference for our employees, our communities, and our environment. For more information, visit www.brownandcaldwell.com Read the court decision
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Musk Says ‘Chicago Express’ Tunnel Project Could Start Work in Months

August 14, 2018 — Jeff Yoders – Engineering News-Record
Technology guru Elon Musk beat three other construction proposals on June 14 to win the exclusive right to negotiate a design-build-operate-maintain contract with the City of Chicago to provide a high-speed underground passenger transport system between the downtown Loop area and O’Hare Airport. He proposes a one-way trip of about 12 minutes at 150 mph compared with the current 40-minute average by rail or car. Read the court decision
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Reprinted courtesy of Jeff Yoders, ENR
Mr. Yoders may be contacted at yodersj@enr.com

More Details Emerge in Fatal Charlotte, NC, Scaffold Collapse

January 17, 2023 — Derek Lacey & Jim Parsons - Engineering News-Record
Details have emerged in the Jan. 2 scaffold collapse at an under-construction apartment high-rise in Charlotte, N.C. that killed three workers and injured two. A work suspension continues during an investigation led by the North Carolina Dept. of Labor's Occupational Safety and Health Division. Reprinted courtesy of Derek Lacey, Engineering News-Record and Jim Parsons, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story... Read the court decision
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A Downside of Associational Standing - HOA's Claims Against Subcontractors Barred by Statute of Limitations

March 28, 2012 — Bret Cogdill, Colorado Construction Litigation

In multi-family construction defect litigation in Colorado, homeowners associations rely on associational standing to pursue claims affecting more than two units and to bring claims covering an entire development. This practice broadens an association’s case beyond what individual, aggrieved owners would otherwise bring on their own against a developer or builder-vendor. However, reliance on associational standing to combine homeowners’ defect claims into a single lawsuit has its drawbacks to homeowners.

A recent order in the case Villa Mirage Condominium Owners’ Association, Inc., v. Stetson 162, LLC, et al., in El Paso County District Court, presents an example. There, the HOA unsuccessfully sought a determination from the court that its claims against subcontractors were not barred by the statute of limitations. To do so, the HOAs attempted to apply the Colorado Common Interest Ownership Act (“CCIOA”), which governs the creation and operation of HOAs, and a statute intended to apply to persons under a legal disability.

Under CCIOA, during the period of “declarant control” the developer may appoint members to the association’s executive board until sufficient homeowners have moved into the development and taken seats on the board.