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    Massachusetts Builders Right To Repair Current Law Summary:

    Current Law Summary: Case law precedent


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    No state license required for general contracting. Licensure required for plumbing and electrical trades. Companies selling home repair services must be registered with the state.


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    Builders Association of Central Massachusetts Inc
    Local # 2280
    51 Pullman Street
    Worcester, MA 01606

    Cambridge Massachusetts Building Expert 10/ 10

    Massachusetts Home Builders Association
    Local # 2200
    700 Congress St Suite 200
    Quincy, MA 02169

    Cambridge Massachusetts Building Expert 10/ 10

    Builders Association of Greater Boston
    Local # 2220
    700 Congress St. Suite 202
    Quincy, MA 02169

    Cambridge Massachusetts Building Expert 10/ 10

    North East Builders Assn of MA
    Local # 2255
    170 Main St Suite 205
    Tewksbury, MA 01876

    Cambridge Massachusetts Building Expert 10/ 10

    Home Builders and Remodelers Association of Western Mass
    Local # 2270
    240 Cadwell Dr
    Springfield, MA 01104

    Cambridge Massachusetts Building Expert 10/ 10

    Bristol-Norfolk Home Builders Association
    Local # 2211
    65 Neponset Ave Ste 3
    Foxboro, MA 02035

    Cambridge Massachusetts Building Expert 10/ 10

    Home Builders & Remodelers Association of Cape Cod
    Local # 2230
    9 New Venture Dr #7
    South Dennis, MA 02660

    Cambridge Massachusetts Building Expert 10/ 10


    Building Expert News and Information
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    Texas Supreme Court to Rehear Menchaca Bad Faith Case

    Building Supplier Sued for Late and Defective Building Materials

    CGL Coverage Dispute Regarding the (J)(6) And (J)(7) Property Damage Exclusions

    Factual Issues Prevent Summary Judgment Determination on Coverage for Additional Insured

    School Blown Down by Wind Still Set to Open on Schedule

    Blackstone Said in $1.7 Billion Deal to Buy Apartments

    Recording a Lis Pendens Is Crucial

    Coping With The New Cap And Trade Law

    Beware of Design Pitfalls In Unfamiliar Territory

    Meet Orange County Bar Associations 2024 Leaders

    London Shard Developer Wins Approval for Tower Nearby

    Manhattan Homebuyers Pay Up as Sales Top Listing Price

    WSDOT Excludes Non-Minority Women-Owned DBEs from Participation Goals

    A Place to Study Eternity: Building the Giant Magellan Telescope

    Wave Breaker: How a Living Shoreline Will Protect a Florida Highway and Oyster Bed

    Homeowner may pursue negligence claim for construction defect, Oregon Supreme Court holds

    Housing Starts Fall as U.S. Single-Family Projects Decline

    Negligence Against a Construction Manager Agent

    Equipment Costs? It’s a Steal!

    Coverage Exists for Landlord as Additional Insured

    Another Reason to Always Respond (or Hensel Phelps Wins One!)

    Governor Inslee’s Recent Vaccination Mandate Applies to Many Construction Contractors and their Workers

    Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

    Certificate of Merit to Sue Architects or Engineers Bill Proposed

    BWB&O is Recognized in the 2024 Edition of Best Law Firms®!

    Texas EIFS Case May Have Future Implications for Construction Defects

    Construction Law Client Alert: California’s Right to Repair Act (SB 800) Takes Another Hit, Then Fights Back

    Sean Shecter to Join American University Environmental and Energy Law Alumni Advisory Council

    Impairing Your Insurer’s Subrogation Rights

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    Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured

    A New Study on Implementing Digital Visual Management

    BWB&O Senior Associate Kyle Riddles and Associate Alexandria Heins Obtain a Trial Victory in a Multi-Million Dollar Case!

    BWB&O’s Motion for Summary Judgment is Granted in a Premises Liability Matter

    Private Mediations Do Not Toll The Five-Year Prosecution Statute

    North Carolina Exclusion j(6) “That Particular Part”

    Homeowner Alleges Pool Construction Is Defective

    UK Construction Defect Suit Lost over One Word

    New Jersey Supreme Court Hears Insurers’ Bid to Overturn a $400M Decision

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    Fifth Circuit Reverses Insurers’ Summary Judgment Award Based on "Your Work" Exclusion

    Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?

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    Builder’s Risk Coverage—Construction Defects

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    Florida Supreme Court: Notice of Right to Repair is a CGL “Suit,” SDV Amicus Brief Supports Decision

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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Cambridge's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

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    Cambridge, Massachusetts

    The Heat Is On

    June 13, 2022 —
    Every year, NASA and the National Oceanic and Atmospheric Administration (NOAA) team up to assess global temperatures and climate trends. (Yes, that NASA. A big part of the space agency’s mission is focused on Earth science, with the goal of better understanding the planet’s interconnected systems.) The two groups released their findings for 2021 this past January, with several predictably alarming highlights:
    • 2021 was the sixth-warmest year on record, with the average global surface temperature about 1.5°F over the 20th-century baseline periods that the agencies use for comparison and nearly 2°F higher than in the late-19th century.
    • The surface temperature in the Northern Hemisphere was also the sixth-highest on record, at nearly 2°F over baseline, with the land temperature exceeding the baseline by 2.8°F.
    • Extreme climate events included an above-average Atlantic hurricane season, with 21 storms, and a severe heat wave in the northwestern United States and western Canada in June during which Canada recorded its highest temperature ever, at 121°F.
    Reprinted courtesy of Christopher Durso, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Perovskite: The Super Solar Cells

    July 23, 2014 —
    “Embedding solar cells into buildings has always been more of a nice idea instead of an economical approach,” according to Gigaom, however they reported that a new kind of solar cell developed by a researcher at Oxford University might change things. Henry Snaith and his research team through experimentation discovered “perovskites,” which increase the amount of sunlight converted to electricity by 17 percent over other solar cells. Solar cells currently used have, at times, proved inefficient. “Solar cells that won’t obstruct the view that a window offers historically have done poorly in converting much sunlight into electricity,” Gigaom reported. “Other types of solar cells have been too expensive to make. Plus, they won’t produce as much electricity when they line one side of a building rather than its rooftop, where they get sun for longer hours each day.” Currently, Oxford PV, the perovskite start-up company, is pushing into commercializing its solar technology, and “is looking at opening an office in Silicon Valley.” Read the court decision
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    Reprinted courtesy of

    University of Tennessee Commits to $1.9B Capital Plan

    August 07, 2023 —
    A nearly $2-billion funding plan approved by University of Tennessee trustees signals the go-ahead for 15 new capital projects at five locations including research, science and housing facilities along with a planned entertainment district for Neyland Stadium, home of the university's football team. Reprinted courtesy of Stephanie Loder, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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    National Lobbying Firm Opens Colorado Office, Strengthening Construction Defect Efforts

    January 05, 2017 —
    Michael Best Strategies, a national law and lobbying firm, has recently opened an office in Colorado. According to the Denver Business Journal, the firm “has recruited several big-name associates — a move that could give business leaders even more clout with the Legislature on issues such as construction-defects reform.” One of the firm’s recruits, Jeff Thormodsgaard, the lead lobbyist in the recent movement to make it harder to sue condominium builders, told the Denver Business Journal, “The only change [in the construction-defects reform effort] is that we’re going to be adding more feet and more boots on the ground and more gravitas.” Read the court decision
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    Reprinted courtesy of

    Alert: AAA Construction Industry Rules Update

    June 07, 2021 —
    The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are:
    • A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out).
    • Consolidation and joinder time frames and filing requirements to streamline these increasingly involved issues in construction arbitrations.
    • New preliminary hearing rules to provide more structure and organization to get the arbitration process on the right track from the beginning.
    • Information exchange measures to give arbitrators a greater degree of control to limit the exchange of information, including electronic documents.
    • Availability of emergency measures of protection in contracts that have been entered into on or after July 1, 2015.
    • Enforcement power of the arbitrator to issue orders to parties that refuse to comply with the Rules or the arbitrator’s orders.
    • Permissibility of dispositive motions to dispose of all or part of a claim or to narrow the issue in a claim.
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Reconstructing the Francis Scott Key Bridge Utilizing the Progressive Design-Build Method

    June 04, 2024 —
    Having awakened on the morning of March 26 to the devastating news of the collapse of Baltimore’s Francis Scott Key Bridge after being struck by the Dali, a 984 length /52 beam foot cargo container ship, I thought of the many times I crossed the bridge as a child growing up in Washington, D.C. I also recalled Montgomery Schyler’s comments on the opening of the Brooklyn Bridge, when he stated that “the work which is likely to be our most durable monument, and to convey some knowledge of us to the most remote posterity, is a work of bare utility; not a shrine, not a fortress, not a palace, but a bridge.” I thought of the beauty of New York’s Mario Cuomo Bridge, a 3.1-mile cable-stayed twin-span bridge with eight traffic lanes, bicycle and pedestrian paths, six lookout points and room for future rapid transit. It was completed in 2018 and constructed under a design-build procurement model[i] at a cost of $3.98 billion. Accelerated bridge construction (ABC) techniques were utilized in its construction. ABC techniques employ innovative planning, design, materials, and construction methods in a safe and cost-effective manner to reduce the on-site construction time that occurs when building new bridges or replacing and rehabilitating existing ones. ABC techniques improve site constructability, total project delivery time, work-zone safety for the traveling public and traffic impacts, on-site construction time, and weather-related time delays.[ii] I also thought of the gracefulness of Boston’s Leonard P. Zakim Bunker Hill Memorial Bridge, a 0.27-mile hybrid cable-stayed steel and concrete bridge with pedestrian and bicycle access that holds 10 lanes of traffic. The Zakim Bridge was completed in 2004 at a cost of approximately $100 million as part of the $24.3 billion Big Dig.[iii] Despite its elegant, streamlined appearance, the bridge was designed to be exceptionally strong, withstand winds over 400 miles per hour and endure a magnitude 7.9 earthquake.[iv] Read the court decision
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    Reprinted courtesy of Lisa D. Love, JAMS

    Todd Seelman Recognized as Fellow of Wisconsin Law Foundation

    February 15, 2021 —
    Denver Managing Partner Todd R. Seelman has been recognized as a Fellow of the Wisconsin Law Foundation, joining a select group of attorneys who comprise no more than 2.5% of the entire membership of the Wisconsin Bar. Mr. Seelman's membership in the Fellows organization represents that his peers have recognized him for his outstanding professional achievements and devotion to the welfare of his community, state, and country, as well as the advancement of the legal profession. “I am grateful for this honor and opportunity to become a member of an exceptional group of lawyers," Mr. Seelman said. "I look forward to working to advance the Fellows’ important goals, including promoting justice and improving legal education. The Fellows organization was created to honor members of the Wisconsin Bar who have achieved significant professional accomplishments and contributed leadership and service to their communities. Read the court decision
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    Reprinted courtesy of Todd Seelman, Lewis Brisbois
    Mr. Seelman may be contacted at Todd.Seelman@lewisbrisbois.com

    Why Is It So Hard to Kill This Freeway?

    April 18, 2023 —
    Keith Pete remembers what Claiborne Avenue was like before the interstate. As a child in the early 1960s, the native New Orleanian would come to Claiborne Avenue with his dad to buy chickens from the local grocers. Sometimes, as a treat, father and son would get hamburgers on French rolls and pineapple juice and picnic on the neutral ground — the avenue’s wide, grassy median, which was thick with live oak trees and azaleas. “People used to sit and enjoy the weather,” Pete, 68, recalls. “There was beautiful grass all the way down. It was gorgeous.” At the time, Claiborne Avenue coursed through the heart of New Orleans’ Tremé neighborhood and a major center of Black commerce and culture. “It was safe; it was thriving,” Pete said. “It was mostly wiped out.” In 1966, workers began removing the avenue’s oaks and driving the pilings that would transform 18 blocks of the tree-lined boulevard into a viaduct carrying Interstate 10. While plans for a Robert Moses-designed waterfront freeway through the French Quarter were halted in 1969 after intense resistance from historic preservationists, the state- and city-backed Claiborne Expressway proceeded. The elevated highway and its tangle of off-ramps destroyed some 500 homes and 326 Black-owned businesses. The once-thriving corridor became a dark, noisy netherworld, unsafe for pedestrians and unhealthy for anyone who breathes. Read the court decision
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    Reprinted courtesy of Benjamin Schneider, Bloomberg