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    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
    For Cambridge Massachusetts


    Hawaii Federal District Court Denies Motion for Remand

    Construction Defects through the Years

    Bar to Raise on Green Standard

    Client Alert: Expert Testimony in Indemnity Action Not Limited to Opinions Presented in Underlying Matter

    Construction Defects #10 On DBJ’s Top News Stories of 2015

    Wells Fargo, JPMorgan Vexed by Low Demand for Mortgages

    For US Cities in Infrastructure Need, Grant Writers Wanted

    Negligent Failure to Respond to Settlement Offer Is Not Bad Faith

    Demanding a Reduction in Retainage

    While You Were Getting Worked Up Over Oil Prices, This Just Happened to Solar

    Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest

    Condo Association Settles with Pulte Homes over Construction Defect Claims

    Before and After the Storm: Know Your Insurance Rights, Coverages and Obligations

    DC Circuit Issues Two Important Clean Air Act and Administrative Law Decisions

    California insured’s duty to cooperate and insurer’s right to select defense counsel

    San Francisco Bay Bridge Tower Rod Fails Test

    Court Denies Insured's Motion to Dismiss Complaint Seeking to Compel Appraisal

    Enerpac Plays Critical Role in Industry-changing Discovery for Long Span Bridges at The University of Nebraska-Lincoln

    Illinois Court Determines Insurer Must Defend Negligent Misrepresentation Claim

    2019 California Construction Law Update

    Congratulations to Wilke Fleury’s 2023 Super Lawyers and Rising Stars!!

    Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

    Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant

    Does a Landlord’s Violation of the Arizona Residential Landlord-Tenant Act Constitute Negligence Per Se?

    Update: Supreme Court Issues Opinion in West Virginia v. EPA

    Wendel Rosen Construction Attorneys Recognized by Super Lawyers and Best Lawyers

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    Insurer’s “Failure to Cooperate” Defense

    Chicago Debt Document Says $8.5B O'Hare Revamp May Be Delayed

    Denial of Motion to Dissolve Lis Pendens Does Not Automatically Create Basis for Certiorari Relief

    Home Prices in 20 U.S. Cities Rose at Slower Pace in May

    Banks Loosening U.S. Mortgage Standards: Chart of the Day

    The Almost-Collapse of a Sarasota, Florida Condo Building

    Certifying Claim Under Contract Disputes Act

    Assert a Party’s Noncompliance of Conditions Precedent with Particularity

    Texas Supreme Court to Rehear Menchaca Bad Faith Case

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    Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts

    Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

    How to Defend Stucco Allegations

    Recent Amendments and Caselaw Affecting the Construction Industry in Texas

    Point Taken: The UK Supreme Court Finally Confirms the General Law of Liquidated Damages (LDs)

    Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding

    Trump, Infrastructure and the Construction Industry

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    Acord Certificates of Liability Insurance: What They Don’t Tell You Can Hurt You

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    Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense

    Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job
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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.

    Building Expert News & Info
    Cambridge, Massachusetts

    Naples, Florida, Is Getting So Expensive That City Workers Can’t Afford It

    April 10, 2023 —
    The city of Naples on Florida’s Gulf Coast is paradise on Earth, if you believe those slick websites that rank the best US cities to live in or retire in. But if you talk with the people who work in its hospitals, restaurants and city government, you’ll get another story. They’d like to live in Naples, too, but most of them can’t afford to. The city of 19,000 is home to the second-richest ZIP code in the US, after Miami Beach. Median household income stood at about $125,000 in 2021, compared with about $62,000 in Florida overall, according to the Census Bureau. Naples landed on a 2022 list of least affordable places for renters compiled by the National Apartment Association. Amid a dearth of reasonably priced housing, at least 90% of city employees live outside Naples. Job vacancies are going unfilled, leading to chronic staffing shortages. The shortfall among firefighters, police officers and other essential workers in Collier County, which includes Naples, verges on unsafe, according to one local advocate. Private-sector employers have converted a hotel into apartments for workers as a temporary fix. Read the court decision
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    Reprinted courtesy of Amanda Albright, Bloomberg

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    November 23, 2016 —
    Rotech Healthcare, Inc., a healthcare contractor, recently successfully protested the award of a home oxygen and durable medical equipment contract by the Department of Veterans Affairs to Lincare, Inc. based on an unsupported past performance evaluation and allegations of an unequal discussion. See GAO Protest File Number: File: B-413024 (August 17, 2016). The Request for Proposals (“RFP”) provided that award would be made on a “best value” basis to the offeror whose proposal was most favorable to the government[…] Read the court decision
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    Reprinted courtesy of Lindsay K. Taft, Ahlers & Cressman PLLC Construction Law Blog
    Ms. Taft may be contacted at ltaft@ac-lawyers.com

    Blackstone Said to Sell Boston Buildings for $2.1 Billion

    May 21, 2014 —
    Blackstone Group LP (BX) agreed to sell five office properties in Boston to a venture led by Toronto-based Oxford Properties Group for about $2.1 billion, according to two people with knowledge of the transaction. The buildings total almost 3.3 million square feet (306,000 square meters) and are mostly in downtown Boston, said the people, who asked not to be named because the sale is private. The sale is Blackstone’s largest of U.S. office properties since the real estate market crash. Oxford plans to purchase 100 High St. and 125 Summer St., and team with JPMorgan Chase & Co. (JPM)’s asset-management unit to buy three other properties: 60 State St., 225 Franklin St. and One Memorial Drive in nearby Cambridge, the people said. Blackstone also is selling its roughly half-stake in Boston’s Rowes Wharf to part-owner Morgan Stanley (MS) for about $200 million, according to one of the people. Read the court decision
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    Reprinted courtesy of Hui-yong Yu, Bloomberg
    Hui-yong Yu may be contacted at hyu@bloomberg.net

    20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative Exhibits

    May 03, 2018 —

    The Bert L. Howe & Associates, Inc., (BHA) exhibit has been a fixture at West Coast Casualty's Construction Defect Seminar since the mid-1990's. Through the years, BHA has updated their display, but no matter what year, you could count on the BHA exhibit to provide a not-to-be-missed experience.



    2008-BHA's sleek, rear projection display includes a screen that promotes the firm's capabilities that can be seen throughout the exhibit hall. This would be one of many innovations BHA has brought to the West Coast Casualty seminar.



    2009-With the success of the rear screen projection, BHA adds additional monitors to provide attendees with more information about BHA.



    2010-BHA adds an interpretive professional development exhibit targeted to Building Envelope issues allowing adjusters and other non-construction professionals hands on access to the systems and components at the heart of many related such claims.



    2011-BHA's Swing for Charity challenge is born.



    2012-Always innovating, BHA expands its rear projection and professional development offerings to West Coast attendees.



    2013-BHA showcases additional capabilities with a twenty-four foot, custom, convex, immersive video experience.



    2014-BHA adds an iPhone display to give a hands-on demonstration of their data collection methods.



    2015-BHA's twenty-four foot , custom, convex, immersive video experience was elevated with two additional rear projection screens, reflecting BHA's newest capabilities and services.

    2016-BHA dazzles attendees with their new exhibit comprised of more than 15 integrated, high definition, LCD displays. iPads are stationed on tables to conveniently demonstrate BHA's data collection processes.



    2017-BHA's Swing for Charity Golf Challenge raised $2,225.00 for the National Coalition for Homeless Veterans and $1,900 for Final Salute.

    Read the court decision
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    Reprinted courtesy of

    Scarce Cemetery Space Creates Prices to Die For: Cities

    August 06, 2014 —
    Even in death, you can’t escape the property bubble. From New York to London, growing populations are competing with the deceased for land, driving up real-estate costs well into the afterlife. In Asian megacities, where cremation is the norm, even space for urns is in short supply. “At the end of the day, it’s like any other piece of real estate,” says Amy Cunningham, a New York state licensed funeral director. “Prices have conspired to put burials out of the range of most people’s budgets.” Read the court decision
    Read the full story...
    Reprinted courtesy of Flavia Krause-Jackson, Bloomberg
    Ms. Krause-Jackson may be contacted at fjackson@bloomberg.net

    Candis Jones Named to Atlanta Magazine’s 2021 “Atlanta 500” List

    March 01, 2021 —
    Atlanta Partner Candis Jones has been named to Atlanta Magazine’s 2021 “Atlanta 500” list of the most powerful business leaders in Atlanta. To compile this list, the publication reviewed nominations from the public and consulted experts across various sectors. The magazine’s editors and writers considered not only the status of the nominees within their respective organizations, but also whether the nominees were visionary by, for example, leading programs for their communities or creating opportunities for employees. Ms. Jones is a member of Lewis Brisbois’ General Liability Practice. Representing a wide array of clients, including Fortune 500 companies, insurance carriers, and a major metropolitan transit authority, she focuses her practice on insurance defense, premises liability, personal injury, and medical malpractice. She was recently installed as the President of the Gate City Bar Association, the oldest African-American bar association in the state of Georgia, and also serves as a member of the Georgia Defense Lawyers Association and the Georgia Association of Black Women Attorneys. Read the court decision
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    Reprinted courtesy of Candis Jones, Lewis Brisbois
    Ms. Jones may be contacted at Candis.Jones@lewisbrisbois.com

    Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

    May 16, 2018 —
    In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you knowingly approve something (which does not include something else) if you never considered the absence of that “something else?” Think about that for a moment . . . or, better yet, just read on. Rodriguez v. Department of Transportation In 2013, a pickup truck traveling westbound on State Route 152 toward Los Banos, California, ran off the road injuring Erik Rodriguez and the driver and killing another passenger. Rodriguez sued the California Department of Transportation (Caltrans) on the ground that the accident was caused by a dangerous condition on public property. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    OSHA Announces Expansion of “Severe Violator Enforcement Program”

    November 15, 2022 —
    (October 28, 2022) - Employers beware! The Occupational Safety and Health Administration (OSHA) is significantly expanding its “Severe Violator Enforcement Program” (SVEP). Employers that are placed into the program by OSHA will be significantly scrutinized, with the potential for very damaging information about their failure to maintain a safe workplace being made public for customers, partners, and vendors to see. As the name suggests, the program is meant to identify, classify, and then stringently monitor employees deemed to be “severe violators” of the OSH Act. According to the OSHA website alert, to be deemed a “severe violator”, the agency must find that the employer has demonstrated “indifference” to the regulations by committing “willful, repeated, or failure-to-abate” violations. Reprinted courtesy of Kip J. Adams, Lewis Brisbois and Steven G. Gatley, Lewis Brisbois Mr. Adams may be contacted at Kip.Adams@lewisbrisbois.com Mr. Gatley may be contacted at Steven.Gatley@lewisbrisbois.com Read the court decision
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    Reprinted courtesy of