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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


    Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

    ASCE Statement on Passing of Senator Dianne Feinstein

    Federal Court Finds Occurrence for Faulty Workmanship Under Virginia Law

    Contractor Allegedly Stole Construction Materials

    Work to Solve the Mental Health Crisis in Construction

    Statutory Time Limits for Construction Defects in Massachusetts

    Business Interruption Claim Upheld

    Unjust Enrichment and Express Contract Don’t Mix

    Study Finds Mansion Tax Reduced Sales in New York and New Jersey

    Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

    Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure Compensatory Damages

    Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment

    AAA Revises its Construction Industry Arbitration Rules and Mediation Procedures

    Competitive Bidding Statute: When it Applies and When it Does Not

    Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order

    Recent Amendments and Caselaw Affecting the Construction Industry in Texas

    Construction Defect Lawsuit Came too Late in Minnesota

    As of July 1, 2024, California Will Require Most Employers to Have a Written Workplace Violence Prevention Program (WVPP) and Training. Is Your Company Compliant?

    In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work

    Reminder About the Upcoming Mechanic’s Lien Form Change

    No Duty to Indemnify When Discovery Shows Faulty Workmanship Damages Insured’s Own Work

    A Court-Side Seat – Case Law Update (February 2022)

    Chesapeake Bay Water Quality Is Still in Trouble, Two Major Reviews Say

    No Coverage for Home Damaged by Falling Boulders

    Nomos LLP Partner Garret Murai Recognized by Best Lawyers®

    Recent Statutory Changes Cap Retainage on Applicable Construction Projects

    Ceiling Collapse Attributed to Construction Defect

    Eleven WSHB Attorneys Honored on List of 2016 Rising Stars

    But Wait There’s More: Preserving Claims on Commonwealth Projects

    Tests Find Pollution From N.C. Coal Ash Site Hit by Florence Within Acceptable Levels

    Making the Construction Industry a Safer place for Women

    Payment Bond Claim Notice Requires More than Mailing

    Client Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate Review

    Sellers of South Florida Mansion Failed to Disclose Construction Defects

    Real Estate & Construction News Roundup (5/29/24) – Megaprojects on the Rise, Agency Guidance for CRE, and an Upbeat Forecast for Commercial Real Estate Investment

    Report to Congress Calls for Framework to Cut Post-Quake Recovery Time

    Construction Costs Absorb Two Big Hits This Quarter

    Construction and Contract Issues Blamed for Problems at Anchorage Port

    Is Performance Bond Liable for Delay Damages?

    No Duty to Defend Faulty Workmanship Under Hawaii Law, but All is not Lost for Insured Contractor

    Dispute Resolution Provision in Subcontract that Says Owner, Architect or Engineer’s Decision Is Final

    Philadelphia Voters to Consider Best Value Bid Procurment

    Hospital Inspection to Include Check for Construction Defects

    Review your Additional Insured Endorsement

    Haight has been named a Metropolitan Tier 1 and Tier 2 “Best Law Firm” by U.S. News – Best Lawyers® “Best Law Firms” in 2025

    A Few Green Building Notes

    California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings

    Pallonji Mistry, Indian Billionaire Caught in Tata Feud, Dies at 93

    No Coverage for Faulty Workmanship Based Upon Exclusion for Contractual Assumption of Liability

    Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
    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

    Improvements to Confederate Monuments Lead to Lawsuits

    October 22, 2013 —
    Lawsuits concerning handicap access usually go toward obligating someone to provide access. But in Selma, Alabama, the city decided that handicap access to a Civil War memorial might not be all that important. The city of Selma hired KTK Mining to provide wheelchair accessibility to the city’s Memorial to the Confederate Dead and to increase security to a monument to the Confederate general Nathan Beford Forrest. After protests, the city revoked the building permit. KTM sued in federal court. The judge has ordered the two parties to a settlement contract. Read the court decision
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    Reprinted courtesy of

    Disrupt a Broken Industry—The Industrial Construction Sandbox

    November 23, 2020 —
    The existing built environment structure—arguably—is antiquated and must be disrupted to meet the rapidly changing demands of the industry. The built environment struggles with labor shortages, addressing demand, sustainability needs, cost controls, affordability and efficiency gains. Even with the advancement of emerging technology trends, the construction industry still lags behind more technologically advanced verticals. What’s missing? Something is needed beyond incremental change that will truly disrupt the industry, increase the value of other innovations and tackle industry challenges. The answer is industrialized construction technology with offsite manufacturing as the cornerstone. Technology innovation becomes exponentially more valuable when placed in this context. Shadow Ventures, a venture capital firm focused on the built environment, set out to test these theories with verifiable research published this year in a report titled, “Disrupt a Broken Industry—The Industrial Construction Sandbox.” Reprinted courtesy of Brian Sayre, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    60-Mile-Long Drone Inspection Flight Points to the Future

    January 15, 2019 —
    Black & Veatch announced in December the successful conclusion of a 60-mile-log, non-stop, proof-of-concept drone-based inspection flight conducted by a remote pilot in a command center miles away in rural Illinois. Read the court decision
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    Reprinted courtesy of Tom Sawyer, ENR
    Mr. Sawyer may be contacted at sawyert@enr.com

    Bid Protests: The Good, the Bad and the Ugly (Redeux)

    September 17, 2014 —
    This past week I gave a presentation on a panel entitled “Bid Protests: The Good, the Bad and the Ugly” before my local bar association. Thanks to those who attended, my co-presenters and the bar association for sponsoring. Rather than letting my notes gather dust I thought I would share some of the highlights. What is a bid protest? A bid protest is the procedure by which a bidder protests the rejection of its bid or award of a public works contract to another bidder. A bid protest may occur in one of two situations: (1) A public entity rejects the bid of an apparent low bidder and the apparent low bidder protests the rejection; or (2) A public entity awards the contract to the apparent low bidder and another bidder protests the award. Read the court decision
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    Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
    Mr. Murai may be contacted at gmurai@kmtg.com

    What Happens When Dave Chappelle Buys Up Your Town

    June 05, 2023 —
    America’s most reclusive comedian isn’t hard to find. Dave Chappelle hangs around downtown, buys coffee and shops like any other resident of Yellow Springs, Ohio. He smokes cigarettes and chats with passersby. He knows people, and they know him. Yellow Springs is a special place. “Growing up here, literally on any given Saturday or Sunday, in any house that you walked into, there was going to be someone who was Jewish, someone who was an atheist, someone from a different country, somebody who was a person of color,” says Carmen Brown, a Black village council member whose family has lived in the town for 150 years. “There was going to be a clown, an astrophysicist, a janitor and a doctor—all hanging out.” Chappelle is a product of this environment, this culture of “discourse without discord,” she says. Read the court decision
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    Reprinted courtesy of Bloomberg

    Unpaid Subcontractor Walks Off the Job and Wins

    September 01, 2016 —
    Make the following inquiry of your constructional lawyer, watch him/her sit up in his/her chair and give your question immediate attention: “I haven’t been paid, can I walk off the job?” The answer to this question is a strong “maybe, but it’s risky.” Walking off the project has a significant downside. The risk is that the judge who reviews your decision, sometimes years after the event, may not agree that the non-payment was a material breach and, thus, suspension of performance (walking off) is not justified. A breach of contract occurs where, without legal justification, a party fails to perform any promise that forms a whole or part of the contract. Not all breaches are equal. Some failures to perform a promise are “nominal,” “trifling” or “technical.” These breaches do not excuse performance under the contract by the non-breaching party. If the breach is “material,” that is, goes to the essential purpose of the agreement, is a question that only a judge decides, and only after the decision was made as to whether to walk off the job or not. Therefore, before deciding whether to walk off the job, you have to second guess what a judge may decide under the circumstances. Since not all judges see things the same way, the decision is fraught with uncertainty and risk. Read the court decision
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    Reprinted courtesy of John P. Ahlers, Ahlers & Cressman PLLC
    Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

    Biggest U.S. Gas Leak Followed Years of Problems, State Says

    June 10, 2019 —
    The worst natural gas leak in U.S. history, which broke out at a Sempra Energy storage field near Los Angeles almost four years ago, was caused by corrosion, according to a report commissioned by California regulators. The rupture of a 7-inch (18-centimeter) well casing at Sempra Energy’s Aliso Canyon storage complex was due to “microbial corrosion” brought on by contact with groundwater, an independent analysis conducted by Blade Energy Partners and commissioned by two state agencies found. The report also concluded there had been more than 60 leaks in the field dating back to the 1970s, and Sempra didn’t carry out detailed inspections after they occurred, the California Public Utilities Commission and Department of Conservation said in a joint statement. The company’s Southern California Gas lacked “any form of risk assessment” to manage the integrity of its wells and hadn’t established systematic practices to protect against corrosion and monitor well pressure, the agencies said. Reprinted courtesy of Mark Chediak, Bloomberg and Edvard Pettersson, Bloomberg Read the court decision
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    Texas Supreme Court Rules on Contractual Liability Exclusion in Construction Cases

    January 22, 2014 —
    The Texas Supreme Court ruled on Ewing v. Amerisure Ins. Co. on January 17th, a “much-anticipated” decision according to Carl A. Salisbury of Kilpatrick Townsend & Stockton LLP. “Construction projects are always the subject of contracts among owners and contractors” Salisbury stated in his article on Lexology.com. The recent decision demonstrates that “an exclusion in the standard Comprehensive Liability Insurance policy that precludes coverage for ‘liabilities assumed under contract’” does not usually “apply to construction contracts.” In 2008, Ewing Construction Company built a set of tennis courts in Corpus Christi, according to Salisbury. “Shortly after construction was complete, according to the school district, ‘the courts started flaking, crumbling, and cracking, rendering them unusable for their intended purpose of hosting competitive tennis events.’” After the school district sued Ewing in state court, Ewing “turned the suit over to Amerisure, its CGL insurer, seeking a defense and indemnity. Amerisure denied all coverage, citing the contractual liability exclusion in its policy. This inspired Ewing to sue the carrier in federal district court for the Southern District of Texas.” After several rulings and appeals, the case eventually reached the Texas Supreme Court: “According to the Ewing court, the contract claims that Ewing failed to perform in a good and workmanlike manner ‘are substantively the same as its claims that Ewing negligently performed under the contract because they contain the same factual allegations and alleged misconduct.’ Failure to perform in a ‘good and workmanlike manner’ is functionally and substantively the same as performing negligently. ‘Accordingly,’ the Ewing court said, ‘we conclude that a general contractor who agrees to perform its construction work in a good and workmanlike manner, without more, does not enlarge its duty to exercise ordinary care in fulfilling its contract, thus it does not ‘assume liability’ for damages arising out of its defective work so as to trigger the Contractual Liability Exclusion.’” Read the court decision
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