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    Cambridge, Massachusetts

    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.


    Building Expert Contractors Building Industry
    Association Directory
    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


    Novation Agreements Under Federal Contracts

    Congratulations Bryan Stofferahn, August Hotchkin, and Eileen Gaisford on Their Promotion to Partner!

    Why Do Construction Companies Fail?

    Engineers Propose 'River' Alternative to Border Wall

    Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

    Transportation Officials Make the Best of a Bumpy 2020

    Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires

    Homebuilder Immunity Act Dies in Committee. What's Next?

    Limited Number of Insurance-Related Bills Passed by 2014 Hawaii Legislature

    Florida “get to” costs do not constitute damages because of “property damage”

    No Coverage for Defects in Subcontrator's Own Work

    Project Completion Determines Mechanics Lien Recording Deadline

    Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings

    Intentional Mining Neighbor's Property is Not an Occurrence

    Major Changes in Commercial Construction Since 2009

    Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act

    Steven Cvitanovic Recognized in JD Supra's 2017 Readers' Choice Awards

    English v. RKK- There is Even More to the Story

    NJ Supreme Court Declines to Review Decision that Exxon Has No Duty to Indemnify Insurers for Environmental Liability Under Prior Settlement Agreement

    Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub

    Construction Insurance Costs for New York Schools is Going Up

    Bert L. Howe & Associates Celebrates 21-Year Success Story

    Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument

    Justin Clark Joins Newmeyer & Dillion’s Walnut Creek Branch as its Newest Associate

    Bill Taylor Co-Authors Chapter in Pennsylvania Construction Law Book

    Remodel Leaves Guitarist’s Home Leaky and Moldy

    $1.9 Trillion Stimulus: Five Things Employers Need to Know

    Texas School District Accepts Settlement Agreement in Construction Defect Case

    Why Biden’s Infrastructure Plan Is a Green Jobs Plan

    Florida Decides Against Adopting Daubert

    Indicted Union Representatives Try Again to Revive Enmons

    UPDATE: ACS Obtains Additional $13.6 Million for General Contractor Client After $19.2 Million Jury Trial Victory

    California Bullet Train Clears Federal Environmental Approval

    Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery

    Construction Lien Does Not Include Late Fees Separate From Interest

    Moving Toward a Telework Future: A Checklist of Considerations for Employers

    N.J. Voters Approve $116 Million in School Construction

    Claims against Broker for Insufficient Coverage Fail

    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    Clearly Determining in Contract Who Determines Arbitrability of Dispute

    Virginia Civil Engineers Give the State's Infrastructure a "C" Grade

    OSHA Set to Tag More Firms as Severe Violators Under New Criteria

    Contractual Waiver of Consequential Damages

    Performance Bonds: Follow the Letter of the Bond and Keep The Surety Informed

    Construction Defect Not an Occurrence in Ohio

    Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim

    Substitute Materials — What Are Your Duties? What Are Your Risks? (Law Note)

    Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims

    White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting

    Condominium Association Responsibility to Resolve Construction Defect Claims
    Corporate Profile

    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

    New Orleans Reviews System After Storm Swamps Pumps

    August 17, 2017 —
    The city of New Orleans will hire an independent team of engineers to evaluate the problems that led to severe flooding following an Aug. 5 rainfall of up to 10 in. The decision followed the revelation that 16 of the city’s pumps were not working, despite claims the system was at capacity. Further, the power system that operates those pumps was severely crippled. Read the court decision
    Read the full story...
    Reprinted courtesy of Pam Radtke Russell, ENR
    Ms. Russell may be contacted at Russellp@bnpmedia.com

    Home Improvement in U.S. Slowing or Still Intact -- Which Is It?

    May 20, 2015 —
    Two indexes that gauge U.S. home-remodeling activity suggest a slower pace ahead. Wall Street seems to disagree. Future market conditions measured by the National Association of Home Builders’ Remodeling Market Index fell to 55.4 in the three months ended March 31 from a record-high of 59.5 in the fourth quarter, data from the group showed Thursday. Similarly, a leading indicator of remodeling work created by Harvard University projects annual growth in home-improvement spending will slow to 2.9 percent by year end from a projected 6.5 percent in the first quarter. While these measures suggest sluggishness, investors don’t seem to mind. Following a “relatively weak year” for renovations in 2014, “people are warming up to housing again,” said Mike Wood, an analyst in New York at Macquarie Group Ltd. Read the court decision
    Read the full story...
    Reprinted courtesy of Anna-Louise Jackson, Bloomberg

    NYC Luxury-Condo Buyers Await New Towers as Sales Slow

    September 24, 2014 —
    Sales at One57, the ultra-luxury Manhattan condominium tower that set off a high-end residential construction boom, have slowed to a trickle amid competition from newer properties reaching the market. Only two units at Extell Development Co.’s Midtown property went under contract this year through June 30, according to filings on the Tel Aviv Stock Exchange, where the company sells debt to investors. There were no sales in the final three months of 2013 at the building, which had earlier found buyers for two penthouses at more than $90 million each. About 25 of the 94 units on the market were unsold as of June 30, the filings show. “This is not a normal pace,” Jonathan Miller, president of New York-based appraiser Miller Samuel Inc., said in an interview. “This building had many price increases when it was the only building out there, so maybe they overdid it. In other words, the sky is not the limit.” Read the court decision
    Read the full story...
    Reprinted courtesy of Oshrat Carmiel, Bloomberg
    Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net

    Colorado Senate Committee Approves Construction Defect Bill

    March 19, 2015 —
    Late last night, the Colorado Senate Business, Labor, and Technology Committee voted to refer SB 15-177 to the committee of the whole. The vote followed nearly seven hours of testimony from those in favor of construction defect legislation and those opposed. As I have previously discussed, the bill sponsors have argued that their measure will encourage the construction of more affordable housing by giving builders de facto immunity for claims of defective workmanship and property damage in common interest communities. The bill achieves this by establishing difficult voting and disclosure requirements for homeowner associations and requiring costly, private arbitration of any disputes that can overcome the procedural hurdles. During the recent hearing, proponents echoed these statements and testified that insulating homebuilders from claims would lower home prices and rents by increasing the supply of cheaply-built condominiums. Opponents questioned whether the bill contained any provisions that would actually help the affordable housing market. They also argued that it was improper for the legislature to shift the cost of fixing construction defects onto those homeowners who can least afford to pay for necessary repairs. Read the court decision
    Read the full story...
    Reprinted courtesy of Jesse Howard Witt, The Witt Law Firm
    Mr. Witt welcomes comments at www.acerbicwitt.com

    Nevada Senate Bill 435 is Now in Effect

    February 24, 2020 —
    ATTENTION: Nevada liability departments and auto insurance carriers! Nevada Senate Bill No. 435 was recently signed into law and there are two key points to be aware of: Disclosure of Policy Limits Demand and Voiding Releases. These both deal with pre-litigation situations. 1) Nevada law now requires a motor vehicle insurer to disclose the limits of the policy if the claimant provides a HIPAA authorization which allows the carrier to “receive all medical reports, records and bills related to the claim from the providers of health care.” This is a change from the previous Nevada statute which required the disclosure of policy limits only after litigation was commenced. However, it appears from the language of the statute that there are limits to this new mandate. Section 4 of the new law is written in such a way to allow the argument that the new law applies only to accidents that occurred after 10/1/19, and that the insurance company has to request the HIPAA waiver from the claimant in order for the disclosure requirement to apply. The plaintiff’s bar is already attempting to address this language in the legislature. As written, subsection (4) is governed by subsection (1) which states that the insurance company “may require the claimant … to provide … a written authorization.” The following subparts all appear to be triggered only by the act of the insurance company requesting a HIPAA waiver. The plaintiff’s bar is pushing for clarifying language that would make it clear that once the claimant sent a HIPAA waiver, irrespective of whether the document was requested by the insurance company or not, the insurance company is required to disclose policy limits. This is not how the law reads on its face, and the change would make a significant difference from a practical perspective. Read the court decision
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Keep Your Construction Claims Alive in Crazy Economic Times

    May 25, 2020 —
    Coronavirus is dominating the news. Construction in Virginia is facing what is at best an uncertain future and at worst a series of large scale shutdowns due to COVID-19. The number of cases seem to grow almost exponentially on a daily basis while states and the federal government try and patch together a solution. All of this adds up to the possibility that owners and other construction related businesses could shutter and importantly payment streams can slow or dry up. Aside from keeping your contractual terms in mind and meeting the notice deadlines found in your contract, these uncertain economic times require you to be aware of the claims process. Along with whatever claims process is set out in the contract and your run of the mill breach of contract through non-payment type claims, in times like this payment bond and mechanic’s lien claims are a key way to protect your payment interest. The law has differing requirements for each of these unique types of payment claims. Mechanic’s liens are technical and statute based with very picky requirements. The form and content of a memorandum of lien will be strictly read and in most cases form will trump substance. Further, among other requirements best discussed with a Virginia construction lawyer, you must keep in mind two numbers, 90 and 150. The 90 days is the amount of time that you have in which to record a lien. This deadline is generally calculated from the last date of work (or possibly the last day of the last month in which you did work). File after this deadline and your lien will be invalid because the right to record a lien has expired. The 150 days is a look back from the last day of work or the date of lien filing, whichever is sooner in time. The 150 days applies to the work that can be captured in the lien. In other words, it dictates the amount of the lien. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Bad Faith Claim for Investigation Fails

    January 07, 2015 —
    The insurer prevailed in summary judgment, disposing of the insured's bad faith claim based upon the investigation of the loss. Nino v. State Farm Lloyds, 2014 U.S. Dist. LEXIS 163993 (S.D. Tex. Nov. 24, 2014). The insured filed a claim with State Farm for damage resulting from a hailstorm on March 29, 2012. An independent adjuster, Charles Crump, conducted an investigation on behalf of State Farm. Crump inspected the roof, where he noted prior repair to the roof, and found no covered damage to the roof as the result of the 2012 hailstorm. Crump found minimal damage to other parts of the house, totaling $2,311.75, which resulted in no payment after the deduction. Crump provided the insured with a printed copy of his damage estimate. The insured then hired a public adjuster who found damage totaling $31,991.72, including $10,051.22 in roof repairs. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    The Great Fallacy: If Builders Would Just Build It Right There Would Be No Construction Defect Litigation

    January 21, 2015 —
    As the 2015 Colorado legislative session gets into full swing, there is a lot of anticipation and discussion regarding this year’s construction defect reform bill. It seems like every time a reporter broaches this issue in an article, there is a quote from a plaintiffs’ attorney stating that if builders would just build homes right, there would be no need for construction defect litigation. This is the sentiment expressed in the site www.BuildOurHomesRight.com. The problem with this argument is that it assumes that the “construction defects” for which associations sue are those only that affect the performance of the homes, or are likely to affect the performance of the homes during the useful life of the component at issue. Unfortunately, this is simply not the case. Over the years, the plaintiffs’ bar has stacked the deck, so to speak, making actionable every technical building code violation, regardless of whether it has any impact, or will ever likely have any impact, on the performance of the homes involved. Read the court decision
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    Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com