Cambridge Massachusetts Building Expert Directory

The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

November 13, 2023 — Marcos R. Gonzalez - ConsensusDocs
The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be jurisdictional. Those requirements are as follows: (a) Claims generally.– (1) Submission of contractor’s claims to contracting officer.–Each claim by a contractor against the Federal Government relating to a contract shall be submitted to the contracting officer for a decision. (2) Contractor’s claims in writing.—Each claim by a contractor against the Federal Government relating to a contract shall be in writing. (3) Contracting officer to decide Federal Government’s claims.–Each claim by the Federal Government against a contractor relating to a contract shall be the subject of a written decision by the contracting officer. Read the court decision
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Reprinted courtesy of Marcos R. Gonzalez, Peckar & Abramson, P.C.
Mr. Gonzalez may be contacted at mgonzalez@pecklaw.com

Benford’s Law: A Seldom Used Weapon in Forensic Accounting

March 05, 2015 — Roger Hughes – California Construction Law Blog
What is Digit Analysis and Why it Should be of Interest to Construction Attorneys? Benford’s Law was named after Frank Benford, a General Electric physicist. Mr. Benford was the first to discover that “leading digits” do not follow a uniform distribution pattern as suggested by intuition. If you are like me, the response to such a statement is “huh”? But stick with me because this is important stuff to anyone who suspects a claim presentation may have been rigged, a bit here or a bit there, or maybe all over. It turns out that calculations purportedly based upon naturally, randomly occurring numbers may have been contrived. By “randomly occurring” we mean numbers that occur naturally without human interference as opposed to a contrived selection. Said another way, it is now accepted as a mathematical truth that the pattern of numbers randomly generated can be distinguished from numbers influenced by human intervention. Yikes, glad you told me that before I prepared my taxes. Read the court decision
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Reprinted courtesy of Roger Hughes, Wendel Rosen Black & Dean LLP
Mr. Hughes may be contacted at rhughes@wendel.com

Ex-Corps Worker Pleads Guilty to Bribery on Afghan Contract

July 26, 2017 — Tom Ichniowski - Engineering News-Record
A former Army Corps of Engineers contracting official has pleaded guilty to a federal charge that he took $320,000 in bribes from a contractor in exchange for help on a U.S. road contract in Afghanistan, the Dept. of Justice says. Read the court decision
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Reprinted courtesy of Tom Ichniowski, ENR
Mr. Ichniowski may be contacted at ichniowskit@enr.com

Breach of Fiduciary Duty Claim Against Insurer Survives Motion to Dismiss

June 10, 2015 — Tred R. Eyerly – Insurance Law Hawaii
While some of their claims were dismissed, plaintiffs' breach of fiduciary duty survived the insurer's motion to dismiss. Senft v. Fireman's Fund Ins. Co., 2015 U.S. Dist. LEXIS 61870 (D. N.J. May 12, 2015). Plaintiffs' waterfront home was insured by Fireman's Fund. Plaintiffs alleged that the broker represented that the policy would provide (1) coverage in the event of a hurricane,(2) the "highest level of protection" offered by Fireman's Fund, and (3) "exceptional" services in the event of a catastrophe. The policy included a 2% hurricane deductible because of the home's proximity to the ocean. Hurricane Sandy badly damaged plaintiffs' home. Plaintiffs alleged that the winds from Sandy battered their home long before the storm surge reached the structure. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Contractor Pleads Guilty to Disadvantaged-Business Fraud

November 17, 2016 — Tom Ichniowski – Engineering News-Record
In the latest development in a federal small disadvantaged-business case, a construction company executive has pleaded guilty to a charge of conspiring to commit wire fraud. Read the court decision
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Reprinted courtesy of Tom Ichniowski, Engineering News-Record
Mr. Ichniowski may be contacted at ichniowskit@enr.com

County Officials Refute Resident’s Statement that Defect Repairs Improper

August 27, 2014 — Beverley BevenFlorez-CDJ STAFF
Manatee County, Florida officials stated that “they are confident construction defects at the Willowbrook subdivision being fixed by the builder KB Home are being properly supervised and repaired,” according to the Bradenton Herald. However, a resident told the Bradenton Herald previously that “mold remediation isn’t being done properly and good wood was being installed over rotted wood.” John Barnott, director of the Manatee County Building & Development Services Department told the Bradenton Herald that the county building chief has been at the site “every week, three or four times a week.” Carroll Dupre, the county building chief, stated that the development “looks real good.” The commissioner, Vanessa Baugh, stated that she had not received any complaints from Willowbrook residents and that “she was ‘not pleased with the implications of the article.’” Read the court decision
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Reprinted courtesy of

Anti-Concurrent Causation Clause Preserves Possibility of Coverage

January 15, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The policy's anti-concurrent causation clause preserved the possibility of coverage when the insurer's motion for summary judgment to disclaim its indemnity obligation for damage caused by Hurricane Sandy was overturned by the Second Circuit. Madelaine Chocolate Novelties, Inc. v. Great Northern Ins. Co., 2018 U.S. App. LEXIS 29821 (Oct. 23, 2018 2nd Cir. ) In 2012, Madelaine Chocolate suffered significant damage to its business due to storm surges created by Hurricane Sandy. Madelaine Chocolate had an "all-risk" policy issued by Great Northern. Madelaine Chocolate filed a claim for property damage of approximately $40 million and business income loss and extra operation expenses of $13.5 million. Great Northern denied most of the claim, reasoning that the storm surge damage was excluded under the policy. 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

Not to Miss at This Year’s Archtober Festival

October 15, 2014 — Carrie Hojnicki – Bloomberg
New York architecture fanatics everywhere can rejoice: Archtober has arrived. In its fourth annual iteration, the monthlong festival throws a spotlight on the importance of architecture and design in the five boroughs, calling special attention to the city’s rich built history and exciting future. In addition to a lineup of lectures, openings, and workshops, the American Institute of Architects (AIA) New York Chapter–sponsored initiative highlights a “Building of the Day,” with on-site tours led by the architects themselves. Here are five events not to miss this Archtober. 1. AIA’s New York chapter puts its own spin on the architecture tour: a boat ride. Guides from the AIA will share their wisdom as the cruise circles the tip of Manhattan, passing architectural marvels aplenty. October 3, 10 am and 1:30 pm, Classic Harbor Line Read the court decision
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Reprinted courtesy of Carrie Hojnicki, Bloomberg

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