Cambridge Massachusetts Building Expert Directory

In Texas, a General Contractor May be Liable in Tort to a Third-Party Lessee for Property Damage Caused by a Subcontractor’s Work

February 16, 2016 — Michael L. DeBona – White and Williams LLP
In Zbranek Custom Homes, Ltd. v. Joe Allbaugh, et al., No. 03-14-00131-CV, 2015 WL 9436630 (Tex.App.-Austin Dec. 23, 2015), the Court of Appeals of Texas, Austin, considered the circumstances under which a general contractor can be held liable for injuries to a non-contracting party’s property. The court held that, because the general contractor, Zbranek Custom Homes, Ltd. (Zbranek), exercised control over the construction of the fireplace at issue, Zbranek owed a duty of care to the first lessees of the home that Zbranek built. In Zbranek, Bella Cima Developments, L.P. (Bella Cima) hired Zbranek to act as the general contractor for the construction of a home. As the general contractor, Zbranek engaged various subcontractors to perform different aspects of the construction, including the framing, stucco and masonry work for an outdoor fireplace. Read the court decision
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Reprinted courtesy of Michael L. DeBona, White and Williams LLP
Mr. DeBona may be contacted at debonam@whiteandwilliams.com

Toll Brothers Climbs After Builder Reports Higher Sales

February 26, 2015 — John Gittelsohn – Bloomberg
(Bloomberg) -- Toll Brothers Inc., the largest U.S. luxury-home builder, rose the most in a year after the company reported a higher-than-expected quarterly profit and said it sold more properties at higher prices. Net income for the three months through January was $81.3 million, or 44 cents a share, compared with $45.6 million, or 25 cents, a year earlier, the Horsham, Pennsylvania-based builder said in a statement Tuesday. The average of 14 estimates was for 28 cents a share, according to data compiled by Bloomberg. Read the court decision
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Reprinted courtesy of John Gittelsohn, Bloomberg
Mr. Gittelsohn may be contacted at johngitt@bloomberg.net

Request for Stay Denied in Dispute Over Coverage for Volcano Damage

August 10, 2020 — Tred R. Eyerly - Insurance Law Hawaii
Although there were concurrent state and federal proceedings regarding the insureds' claims for damage caused by Kilauea Volcano, the federal district court refused to dismiss or stay the federal action. Aqulina v Certain Underwriters at Lloyd's Syndicate #2003, 2020 U.S. District Ct. LEXIS 101832 (D. Haw. June 10, 2020). Plaintiffs held homeowner's policies from Lloyd's that were brokered and underwritten by various defendants. Coverage from the May 2018 eruption of Kilauea Volcano was denied based upon an exclusion precluding coverage for lava-related damage. Plaintiffs sued Lloyds and various brokers in federal court, alleging that defendants had engaged in a deceptive scheme to defraud plaintiffs and deprive them of meaningful coverage. Lawsuits were also filed in state court, with plaintiffs arguing their losses were covered by their policies and that defendants wrongfully relied solely on the lava exclusion to deny claims. 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

Fire Raging North of Los Angeles Is Getting Fuel From Dry Winds

June 17, 2024 — Brian K Sullivan - Bloomberg
A wildfire raging north of Los Angeles has sent smoke billowing south and forced more than 1,000 people to evacuate — and with dry winds raking the hills, the blaze is poised to intensify. A red flag fire warning has been raised in the area around the Post Fire, which is forecast to be whipped with winds reaching at least 20 miles (32 kilometers) per hour, according to the California Department of Forestry and Fire Protection, commonly called Cal Fire. The flames, which have burned more than 14,000 acres (5,700 hectares), are only about 8% contained and the smoke has prompted air quality alerts in parts of Los Angeles County and Ventura County. “Crews are working to establish perimeter fire lines around the fire’s edges,” Cal Fire said in a report. “Aircraft are being utilized to halt the fire’s forward progress but are facing challenges due to limited visibility.” Along with the Post Fire, crews are battling 10 other blazes throughout the state that flared up over the weekend in an ominous start to wildfire season. While California had heavy snow and rain this past winter, that doesn’t mean a respite from fires. The moisture that kept drought away allowed for grasses and brush to grow, meaning more wildfire fuel as California enters its driest months. Read the court decision
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Reprinted courtesy of Brian K Sullivan, Bloomberg

Gary Bague Elected Chairman of ALFA International’s Board of Directors

November 17, 2016 — Gary A. Bague – Haight Brown & Bonesteel LLP
During ALFA International’s (ALFA) Annual Business Meeting on October 28, the membership elected Gary Bague to serve as the Chairman of the Board of Directors. Gary’s term as Chairman will run through October 2018. After he completes his term as Chairman, Gary will continue to serve on the Board of Directors as Chair Emeritus for two years. The Board of Directors is responsible for establishing all policies relative to accomplishing the purposes of ALFA, recommending the Corporation’s budget to the Membership, approving applications for membership, supervising the work of the Chief Executive Officer, and otherwise managing the business and affairs of ALFA. As Chairman of the Board, Gary will preside over all meetings of the Executive Committee, Board of Directors, and Membership. He will also serve as an ex officio member of all committees, and will have the duties of a president of the Corporation. Read the court decision
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Reprinted courtesy of Gary A. Bague, Haight Brown & Bonesteel LLP
Mr. Bague may be contacted at gbague@hbblaw.com

Strict Liability or Negligence? The Proper Legal Standard for Inverse Condemnation caused by Water Damage to Property

March 30, 2016 — Charles S. Krolikowski – Newmeyer & Dillion, LLP
Filing a lawsuit against a government entity can be a daunting task given the complexities of tort claims requirements and governmental immunities. A recent decision by the Court of Appeal in Pacific Shores Property Owners Association v. Department of Fish & Wildlife, Case No. C07020 (Jan. 20, 2016), provided welcome clarification as to the proper legal standard for an inverse condemnation action based upon activities of a government entity which cause water damage to private property. Read the court decision
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Reprinted courtesy of Charles S. Krolikowski, Newmeyer & Dillion, LLP
Mr. Krolikowski may be contacted at charles.krolikowski@ndlf.com

Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

September 17, 2015 — Greg Steinberg – White and Williams LLP
In a recent decision, the New York Supreme Court clarified the scope of privileged documents with respect to communications prepared by an insurer’s counsel prior to issuing a denial of coverage letter. The coverage litigation at issue arose out of MF Global Inc.’s claims under fidelity bonds for losses incurred as a result of large trades made by former MF Global employee, Evan Dooley. The trades cost MF Global, Dooley’s former clearing firm, $141 million after it had to reimburse the CME Group, Inc. futures clearinghouse that handled the trade. The insurers that issued the fidelity bonds contested coverage and sued MF Global in 2009. The opinion underscores the fact that there is no “bright line” rule in New York with respect to disclosure of communications in the insurance context prior to the issuance of a coverage determination – the disclosure requirement will instead turn on what’s actually privileged. In addition, while retention of counsel may not serve as an automatic shield for all documents prepared prior to the coverage decision, insurers will not be required to disclose, among other things, communications which include an “indicia of the provision of legal services.” Read the court decision
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Reprinted courtesy of Greg Steinberg, White and Williams LLP
Mr. Steinberg may be contacted at steinbergg@whiteandwilliams.com

Real Estate & Construction News Round-Up (11/02/22) – Flexible Workspaces, Sustainable Infrastructure, & Construction Tech

November 15, 2022 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
This week’s round-up dives into digital transformation in the construction industry, renewed interest in flexible workspaces, and how the infrastructure sector can become more resilient and sustainable, both economically and environmentally.

Digital transformation in the construction industry is top of mind for many firms, but most are still in the beginning and intermediate phases of implementing new digital capabilities. (Ursula Cullen, PBC Today)
Companies could mitigate climate hazards and build resilience into the life cycle of their infrastructure and capital projects by facilitating a comprehensive approach to understanding risk. (Brodie Boland and Daphne Luchtenberg, McKinsey & Company)
The use of drones in project planning, as well as the incorporation of other technology, is proposed as an alternative solution to addressing the construction industry’s labor shortage. (Shaun Passley, For Construction Pros)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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