Cambridge Massachusetts Building Expert Directory

Renee Mortimer Recognized as "Defense Lawyer of the Year" by DTCI

December 13, 2022 — Renee Mortimer - Lewis Brisbois
Highland, Ind. (November 21, 2022) - Northwest Indiana Managing Partner Renee J. Mortimer was recently named "Defense Lawyer of the Year" by the Defense Trial Counsel of Indiana (DTCI). She was officially recognized at a Board & Officers dinner the evening before the DTCI's annual conference, which took place in Michigan City, Indianapolis from November 17 to 18. The DTCI gives out three awards every year as part of its annual conference, including "Defense Lawyer of the Year," "Diplomat," and "Outstanding Young Lawyer." This year, two recipients received the "Diplomat" recognition "I am honored to receive this recognition from my peers and look forward to continuing my work with the DTCI," said Ms. Mortimer. Read the court decision
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Reprinted courtesy of Renee Mortimer, Lewis Brisbois
Ms. Mortimer may be contacted at Renee.Mortimer@lewisbrisbois.com

The National Labor Relations Board Joint Employer Standard is Vacated by the Eastern District of Texas

April 22, 2024 — Andrew G. Vicknair - The Dispute Resolver
Many employment laws use the concept of joint employer to make more than one business entity responsible for complying with employment law obligations towards employees who to varying degrees work for, or under the direction of entities who are not technically the employees primary employer. Nowhere is that issue more prevalent than in contractor subcontractor relationships. Over the years the National Labor Relations Board (NLRB) has developed various tests for determining joint employer status. Unless a business entity is an employer of individuals, the NLRB has no jurisdiction over a dispute between the workers and a business entity for whom they work. It is important for contractors to understand the importance of being an employer and the obligations that flow from such status. Likewise, it is also important to understand when a contractor may be classified as a “joint employer” over certain individuals. Depending on the specific laws involved, such a finding of joint-employer status can happen under the “joint employer doctrine” which often exists in subcontractor and temporary employment arrangements. The “joint-employer doctrine” may render a contractor responsible for another company’s employment liabilities. Read the court decision
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Reprinted courtesy of Andrew G. Vicknair, D'Arcy Vicknair, LLC
Mr. Vicknair may be contacted at agv@darcyvicknair.com

Gloria Gaynor Sues Contractor over Defective Deck Construction

October 22, 2013 — CDJ STAFF
Gloria Gaynor, known for her 1978 disco hit, “I Will Survive” is suing the firm that renovated her second-floor deck, alleging that the work lead to water intrusion into her home. Ms. Gaynor also accuses the company of consumer fraud, alleging that Diaz Landscape Design & Tree Service LLC lacked registration as a home improvement contractor and failed to obtain a building permit for the structure. Ms. Gaynor paid about $38,000 for the replacement of her deck and other renovations to her property in 2007. Subsequently, the singer noticed “ponding of water on the deck, water damage to wood sills and supports, and the formation of mold,” according to the lawsuit. Diaz Landscape attempted repairs, but “the problems persisted and continue to persist causing further damage.” The lawsuit claims that the cost of replacing the defective deck construction would cost about $120,000. Read the court decision
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Funding the Self-Insured Retention (SIR)

August 17, 2020 — David Adelstein - Florida Construction Legal Updates
Unlike a deductible, a self-insured retention (referred to an “SIR”) is, as the name suggests, a self-insured obligation of the insured before its insurer picks up coverage. The SIR needs to be exhausted by the insured (as the primary self-insurance component) before the carrier’s excess defense and indemnification obligations kick-in under the terms of the policy. However, an insured can generally exhaust an SIR by paying legal fees and costs associated with a claim. Oftentimes, the language in the policy requires the SIR to be paid for by the named insured or an insured under the policy. This was an issue addressed by the Florida Supreme Court in Intervest Const. of Jax, Inc. v. General Fidelity Ins. Co., 133 So.3d 494 (Fla. 2014). In this matter, a personal injury claimant asserted a claim against the contractor dealing with a residential home. The contractor hired a subcontractor to install attic stairs and the subcontract required the contractor to indemnify it. The owner of the house injured herself on the attic stairs and sued the contractor. The contractor, in turn, sought indemnification against the subcontractor that installed the attic stairs. 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

The Black Woman Architect Who Hopes to Change the Face of Design in America

January 16, 2024 — Kriston Capps - Bloomberg
In the US, only 2% of licensed architects are Black. Less than a single percent are Black women. Architects tend to be older, White and men, as reflected by the leadership of both firms and professional groups. So when the American Institute of Architects inaugurated its 100th president, Kimberly Dowdell — the first Black woman to lead the association, and at 40 the youngest architect to ever hold the post — it suggested an optimistic change of course. A principal and director of strategic relationships for the global design firm HOK, Dowdell comes to her new position from a leadership background. She has served as the president of the National Organization of Minority Architects and sits on the board of the Chicago Central Area Committee and Chicago Architecture Biennial, among other groups. She is the winner of both the AIA’s Young Architects Award and the Women in Architecture award from Architectural Record. Dowdell spoke to Bloomberg CityLab about her goals as AIA president, the challenges facing the field and why every city should hire its own chief architect. Read the court decision
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Reprinted courtesy of Kriston Capps, Bloomberg

Structural Defects in Thousands of Bridges in America

November 06, 2013 — CDJ STAFF
Writing under the pseudonym “Babbage,” a technology blogger at The Economist takes note of some of the depressing facts about America’s infrastructure. Babbage notes that most of the United States’ transportation infrastructure was “built in a furious burst of road construction during the 1950s and 1960s.” Citing a report from the American Society of Civil Engineers, President Obama recently warned that “we’ve got about $2 trillion of deferred maintenance.” Some of this deferred maintenance can cost lives. The 2007 collapse of the I-35W bridge in Minneapolis killed 13 people and injured 145 others. The cost of fixing structural defects in the nation’s bridges was estimated at $32 billion in 2004. In that year, about 66,500 bridges were deemed structurally defective. Another 84,000 were termed “structurally obsolete,” meaning they could be used, but with restrictions on vehicle weight and speed. Read the court decision
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Carroll Brock of Larchmont Homes Dies at Age 88

November 05, 2014 — Beverley BevenFlorez-CDJ STAFF
Homebuilder Carroll Brock, "whose family-owned company built thousands of Larchmont Homes in the Sacramento region, died Oct. 31 of natural causes in his sleep, his son Steve said," according to the obituary in the Sacramento Bee. "Under Mr. Brock, who was named Sacramento general manager in 1967, Larchmont Homes built nearly 15,000 houses in more than 30 subdivisions of modest ranch-style homes aimed mostly at first-time buyers." Mr. Brock served on the board of the National Association of Home Builders, was past president of the North State Building Industry Association, and had been appointed to the California state Board Standards Commission. Furthermore, he was inducted into the California Building Industry Association Hall of Fame in 1991. Mr. Brock served the community through his work in the Sacramento Area Commerce and Trade Commission as well as the Sacramento Metropolitan Chamber of Commerce. He volunteered his time to the Salvation Army as well as offering construction assistance and expertise to the Fair Oaks Presbyterian Church. “My dad was a humble leader,” his son told the Sacramento Bee. “As successful as he was at building homes, he felt just as strongly about serving others.” Read the court decision
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Economic Loss Not Property Damage

November 04, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit agreed with the district court that the insured subcontractor's economic losses did not amount to covered property damage. Greenwich Ins. Co. v. Capsco Industries, Inc., 2019 U.S. App. LEXIS 23949 (5th Cir. Aug 12, 2019). Capsco Industries, Inc. was a subcontractor on the construction of a casino. Capsco subcontracted with Ground Control to install water, sewage, and storm-drain lines. Ground Control was terminated from the project by the general contractor for alleged safety violations and failed drug tests of its employees. Ground Control sued in state court against multiple parties, including Capsco, seeking payment for work on the project. The claims were dismissed on summary judgment because neither party had obtained the required certificates of responsibility from the state, making the parties' contract void. The Mississippi Supreme Court agreed the contract was void, but reversed and remanded for further proceedings based solely on theories of unjust enrichment and quantum meruit. While the state case was on remand, Capsco's liability insurers, Greenwich Insurance Company and Indian Harbor Insurance Company, filed a compliant for declaratory judgment in federal district court seeking a declaration that they did not owe a defense or indemnity to Capsco. The defendants were Ground Control, Capsco, the general contractor, and the casino owner. The latter two parties were dismissed. Ground Control counterclaimed for coverage of its claims against Capsco. The district court stayed proceedings until the state court litigation ended. 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

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