Cambridge Massachusetts Building Expert Directory

Seattle Condos, Close to Waterfront, Construction Defects Included

February 11, 2013 — CDJ STAFF
There's a cluster of eight condominium projects in Seattle, some within easy walking distance of each other, that are either in construction defect lawsuits, arbitration, or mediation. Jeff Reynolds, contributing a Seattle PI.com reader blog, notes that as Seattle condo projects have neared the end of the four-year warranty period, condo boards are being targeted by attorneys. Reynolds writes that "once [the attorneys] are hired by the associations, they retain specialists that test for any and all construction defects with the building envelope." The problem that Reynolds sees is that that "major lending institutions stay away from condos with lawsuits." And so homeowners dealing with construction defects have apartments they can't sell to anyone who might want to use financing. This tightens Seattle's already limited inventory, leading to both frustrated sellers and frustrated buyers. Read the court decision
Read the full story...
Reprinted courtesy of

A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick Around

February 15, 2021 — Anthony B. Cavender - Gravel2Gavel
This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is uncertain. THE U.S. SUPREME COURT BP PLC v. City and County of Baltimore On January 19, 2021, the Court heard oral argument in BP PLC v. City and County of Baltimore. The respondents filed a Greenhous Gas Climate Change lawsuit in state court, alleging that BP, like other energy companies, is liable for significant damage caused by the sale and promotion of petroleum products while knowing that the use of these products and the resulting release of greenhouse gases damages the environment and public property. Several similar lawsuits have been filed in state courts, pleading common law violations as well as trespass and nuisance law violations The energy companies have tried, unsuccessfully to date, to remove these cases to federal court. The petitioners argue that the federal removal statutes allow the federal courts of appeal to review the lower court’s remand, thus opening the possibility that some of the issues presented in these cases can be tried in federal court, presumably a friendlier forum. A decision on this procedural issue should be rendered in a few months. Read the court decision
Read the full story...
Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com
World Green Building Council Calls for Net-Zero Embodied Carbon in Buildings by 2050
November 18, 2019 — Nadine M. Post - Engineering News-Record
The World Green Building Council’s latest maneuver in its war against greenhouse gas emissions is a rallying cry for embodied-carbon reduction in buildings that involves global collaboration, communication, education, innovation and regulation. WGBC’s ambitious aim is to get to net-zero EC in all new construction and renovations by 2050. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of
Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:
January 17, 2022 — Ted Senet - Gibbs Giden
Aas v. Superior Court (2000) 24 Cal. 4th 627 – economic loss rule

Amelco Electric v. City of Thousand Oaks ( (2002) 27 Cal. 4th 228 – abandonment does not apply to public works – total cost theory is allowed

Beacon Residential Community Association v. Skidmore, Owings & Merrill (2014) 59 Cal. 4th 568 – architect liable in absence of privity

Cates Const., Inc. v. Talbot Partners (1999) 21 Cal.4th 28 – no tort recovery on bonds – performance bonds can cover contract warranties

Condon-Johnson & Associates, Inc. v. Sacramento Municipal Utility Dist., 149 Cal. App. 4th 1384 – liability for concealed conditions

Connolly Development, Inc. v. Superior Court of Merced County (1976) 17 Cal. 3d 803 – mechanic lien remedy is constitutional

Crawford v. Weather Shield Mfg. (2008) 44 Cal. 4th 541 – indemnity implies obligation to defend [now limited to commercial contracts under CCP 2782 (c)–(h)]
Read the court decision
Read the full story...
Reprinted courtesy of Ted Senet, Gibbs Gidden
Mr. Senet may be contacted at tsenet@gibbsgiden.com
Insurer's Motion for Judgment on the Pleadings for Construction Defect Claim Rejected
January 22, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The magistrate judge recommended that the insurer's motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor's alleged faulty workmanship. Evanston Ins. Co. v. Sonny Glasbrenner, Inc., 2023 U.S. Dist. LEXIS 190019 (M.D. Fla. Oct. 20, 2023). Cone & Graham (C&G), the general contractor, subcontracted with Sonny Glasbrenner, Inc. (SGI) to work on the project. The project involved the rehabilitation of a bridge due to deterioration of the existing concrete bridge deck by adding additional cross bracing to further stiffen the steel girders and using special lightweight concrete. C&G contracted SGH to demolish the existing concrete bridge deck. SGI completed the work. Thereafter, C&G made a demand to SGI for alleged damaged caused by SGI's work. C&G alleged that SGI was negligent in performing the demolition work, causing substantial damage to the existing bridge girders. C&G sued SGI. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com
High-Rise Condominium Construction Design Defects, A Maryland Construction Lawyer’s Perspective
July 15, 2015 — Nicholas D. Cowie – Maryland Condo Construction Defect Law Blog
The increased migration from suburbs to metropolitan areas has accompanied an increase in high-rise construction, including the development of high-rise condominium buildings. The resulting metamorphosis of urban skylines, such as seen from Maryland’s Baltimore harbor, has also brought with it many complex construction law and construction litigation issues. Our law firm’s Maryland condominium construction law practice is increasingly called upon to resolve disputes involving high-rise condominium construction design defects between condominium associations, developers, contractors, builders, and design professionals arising out of the construction of high-rise buildings. A condominium building is typically considered to be a high-rise when it is approximately seven or more stories above grade according to the National Fire Protection Association Life Safety Code, which defines a high-rise as being 75 feet (23 meters) measured from the lowest level accessible to fire department vehicles up to the floor level of the highest occupiable story. High-rise buildings may be residential (e.g., condominiums or multifamily apartment buildings), commercial (e.g., commercial office or retail space), or mixed-use structures. A mixed-use high-rise development might contain retail space, office space, a parking garage, apartments, and condominiums, each owned or maintained by separate entities and each sharing common expenses for the building. Read the court decision
Read the full story...
Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott, P.A.
Mr. Cowie may be contacted at ndc@cowiemott.com
Insurer Must Defend Claims of Negligence and Private Nuisance
July 10, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The court determined there was a duty to defend negligence and private nuisance claims for dumping materials on the plaintiffs' property. Peters Heavy Construction, Inc. v. X-Pert One Tracking Corp., 2018 Wisc. App. LEXIS 358 (Wis. Ct. App. March 29, 2018). Peters Heavy Construction sued X-Pert One for negligently depositing shingle materials, tires, and other solid materials on Peters' property, causing damage to Peters, including loss of use of portions of the property. Peters also alleged that X-Pert One's actions negligently created a private nuisance causing harm to Peters' property. X-Pert One's insurer, Northfield Insurance Company, was also sued. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Hunton Insurance Coverage Partner Lawrence J. Bracken II Awarded Emory Public Interest Committee’s 2024 Lifetime Commitment to Public Service Award
February 26, 2024 — Hunton Insurance Recovery Blog
On February 7, the Emory Public Interest Committee (EPIC) honored insurance coverage partner Lawrence (Larry) J. Bracken II with their 2024 Lifetime Commitment to Public Service Award at the annual EPIC Inspiration Awards. As one of the Emory University School of Law’s signature events, the Inspiration Awards celebrate members of the community who do extraordinary work in the public interest and provide funding for public interest summer jobs. Larry has more than 37 years of experience litigating insurance coverage, class action and commercial cases in federal and state courts throughout the United States. He represents policyholders in insurance coverage litigation and arbitration, and is a Fellow of the American College of Coverage Lawyers. Larry also has litigated class actions and other complex commercial disputes for more than three decades. Pro bono representation of clients in habeas corpus, prisoner rights, and landlord-tenant litigation is an important part of his practice. Larry currently serves as the President of the Board of Directors of the Atlanta Volunteer Lawyers Foundation. Read the court decision
Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES

Seattle Condos, Close to Waterfront, Construction Defects Included

A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick Around

World Green Building Council Calls for Net-Zero Embodied Carbon in Buildings by 2050

Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:

Insurer's Motion for Judgment on the Pleadings for Construction Defect Claim Rejected

High-Rise Condominium Construction Design Defects, A Maryland Construction Lawyer’s Perspective

Insurer Must Defend Claims of Negligence and Private Nuisance

Hunton Insurance Coverage Partner Lawrence J. Bracken II Awarded Emory Public Interest Committee’s 2024 Lifetime Commitment to Public Service Award

Cambridge Massachusetts Building Expert Directory

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
DIRECTORY AND CAPABILITIES