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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
    For Cambridge Massachusetts


    United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

    Dozens Missing in LA as High Winds Threaten to Spark More Fires

    Las Vegas Partner Sarah Odia Named a 2023 Mountain States Super Lawyer Rising Star

    Congratulations to Partner Alex Giannetto for Being Named to San Diego Business Journal’s Top 100 Leaders in Law List

    The Advantages of Virtual Reality in Construction

    Microwave Transmission of Space-Based Solar Power: The Focus of New Attention

    Dynamics of Managing Professional Liability Claims for Design Builders

    Tesla Powerwalls for Home Energy Storage Hit U.S. Market

    Hunton Insurance Recovery Partner Michael Levine Quoted on Why Courts Must Consider the Science of COVID-19

    Construction Defects as Occurrences, Better Decided in Law than in Courts

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

    U.S. Navy Sailors Sue Tokyo Utility Company Over Radiation Poisoning

    Construction Spending Drops in March

    DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations

    Hurricane Warning: Florida and Southeastern US Companies – It is Time to Activate Your Hurricane Preparedness Plan and Review Key Insurance Deadlines

    Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

    Former NYC Condo Empire Executive Arrested for Larceny, Tax Fraud

    The Brooklyn Condominium That’s Reinventing Outdoor Common Space

    Trump Sues Casinos to Get Conditions Fixed or Name Off

    Flood-Threat Assessment Finds Danger Goes Far Beyond U.S. Homes

    A Court-Side Seat: NWP 12 and the Dakota Access Pipeline Easement Get Forced Vacations, while a Potential Violation of the Eighth Amendment Isn’t Going Anywhere

    Contractual “Pay if Paid” and “Pay when Paid” Clauses? What is a California Construction Subcontractor to Do?

    Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

    Limiting Liability: Three Clauses to Consider in your Next Construction Contract

    The Clock is Ticking: Construction Delays and Liquidated Damages

    Hudson Tunnel Plan Shows Sign of Life as U.S. Speeds Review

    'There Was No Fighting This Fire,' California Survivor Says

    Spencer Mayer Receives Miami-Dade Bar Association's '40 Under 40' Award

    Housing Gains Not Leading to Hiring

    Jarred Reed Named to the National Black Lawyers’ “Top 40 Under 40” List for Second Consecutive Year

    Alleged Defective Water Pump Leads to 900K in Damages

    What Contractors Can Do to Address Rising Material Costs

    U.K. Puts Tax on Developers to Fund Safer Apartment Blocks

    Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

    Burden to Prove Exception to Exclusion Falls on Insured

    State Supreme Court Cases Highlight Importance of Wording in Earth Movement Exclusions

    Congratulations to Jonathan Kaplan on his Promotion to Partner!

    Acquisition, Development, and Construction Lending Conditions Ease

    Construction Industry Groups Challenge DOL’s New DBRA Regulations

    Construction Litigation Roundup: “A Fastball Right to the Bean!”

    Effective October 1, 2019, Florida General Contractors Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor’s Surety

    2015-2016 California Labor & Employment Laws Affecting Construction Industry

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    Construction Contract Provisions that Should Pique Your Interest

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    Corporate Profile

    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Cambridge, Massachusetts Building Expert Group provides a wide range of trial support and consulting services to Cambridge's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Cambridge, Massachusetts

    Another Guilty Plea In Nevada Construction Defect Fraud Case

    April 25, 2012 —

    The eleventh defendant has entered a guilty plea in the ongoing federal investigation of construction defect fraud in the Las Vegas area. Mahin Quintero plead guilty to producing a false authentication feature, a misdemeanor. Ms. Quintero’s part in the scheme was to falsely authenticate signatures on loan documents for straw buyers. Ms. Quintero stated in court that she had been ordered to destroy her notary book three years ago. According to her plea bargain, the straw buyers did not appear in front of her when she notarized their signatures. As part of the scheme, the straw buyers would take control of homeowners associates, sending construction defect complaints and repairs to favored firms.

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    ASHRAE Approves Groundbreaking Standard to Reduce the Risk of Disease Transmission in Indoor Spaces

    July 10, 2023 —
    ATLANTA, June 27, 2023 (GLOBE NEWSWIRE) -- ASHRAE announced the approval for publication of its highly anticipated standard to reduce the risk of airborne infectious aerosol transmission in buildings, bringing numerous benefits to occupants and promoting healthier environments. ASHRAE Standard 241, Control of Infectious Aerosols establishes minimum requirements to reduce the risk of disease transmission by exposure to infectious aerosols in new buildings, existing buildings, and major renovations. Infectious aerosols are tiny, exhaled particles that can carry pathogens that cause infections or disease. These particles are so small that they can remain in the air for long periods of time. Use of this standard could reduce exposure to the SARS-COVID-2 virus, which causes COVID-19, the flu virus and other pathogens. Standard 241 provides requirements for many aspects of air system design, installation, operation, and maintenance. Standard 241 available now for presale in the ASHRAE Bookstore. About ASHRAE Founded in 1894, ASHRAE is a global professional society committed to serve humanity by advancing the arts and sciences of heating ventilation, air conditioning, refrigeration, and their allied fields. For more information and to stay up-to-date on ASHRAE, visit ashrae.org and connect on Instagram, LinkedIn, Facebook, Twitter and YouTube. Read the court decision
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    Alexander Moore Promoted to Managing Partner of Kahana Feld’s Oakland Office

    May 08, 2023 —
    Kahana Feld is pleased to announce that Alexander R. Moore, Esq., has been promoted to Managing Partner of our Oakland office. Mr. Moore has been at Kahana Feld since 2021 and is a member of the construction defect and general liability practice groups. Mr. Moore has over 23 years of experience representing individual and commercial clients in complex disputes arising out of construction contracts, construction defect allegations, premises liability matters, landlord-tenant disputes, and contractual disputes arising out of various business relationships involving financial services companies, technology companies, telecommunications companies, real estate brokerages, non-profits, and a range of small businesses. When not focused on litigation, Mr. Moore enjoys consulting on transactional matters including the development of construction and business contracts. He has extensive experience evaluating rights and obligations under construction contracts and related insurance programs. He also assists clients in the implementation of pre-litigation risk management strategies. Read the court decision
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    Reprinted courtesy of Alexander R. Moore, Kahana Feld
    Mr. Moore may be contacted at amoore@kahanafeld.com

    California Fears El Nino's Dark Side Will Bring More Trouble

    September 17, 2015 —
    A group of drought experts gathered in California this week, and it wasn’t long before the conversation turned to El Nino. They weren’t touting it as the savior that will end the state’s four-year drought. Instead, they were looking at a darker scenario where the weather-changing phenomenon adds another year of dryness in the north while ravaging the south with floods. “What do you say when the governor asks you what to do? ‘You prepare for flood and drought because there is a possibility you can get both,”’ said Mike Anderson, state climatologist. Read the court decision
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    Reprinted courtesy of Brian K. Sullivan, Bloomberg

    Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition

    April 19, 2022 —
    On March 11, 2022, the Department of Labor (“DOL”) proposed reverting the definition of “prevailing wage” under the Davis-Bacon Act to a definition used over 40 years ago. According to the DOL, the proposal is meant to modernize the law and “reflect better the needs of workers in the construction industry and planned federal construction investments.”[1] Brief History Lesson The Davis-Bacon Act was enacted in 1931 and requires the payment of locally prevailing wages and fringe benefits on federal construction contracts. The law applies to workers on contracts in excess of $2,000 entered into by federal agencies and the District of Columbia for the construction, alteration, or repair of public buildings or public works.[2] From the 1930s to the early 1980s, the DOL used the following three-step process to define prevailing wage:
    1. Any wage rate paid to a majority of workers.
    2. If there was no wage rate paid to a majority of workers, then the wage rate paid to the greatest number of workers, provided it was paid to at least 30 percent of workers (i.e., the “30 percent rule”).
    3. If the 30 percent rule was not met, the weighted average rate.
    Reprinted courtesy of David Chidlaw, Sheppard Mullin and Carina Novell, Sheppard Mullin Mr. Chidlaw may be contacted at dchidlaw@sheppardmullin.com Ms. Novell may be contacted at cnovell@sheppardmullin.com Read the court decision
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    Lewis Brisbois Listed on Leopard Solutions Top 10 Law Firm Index

    March 21, 2022 —
    New York, N.Y. (March 17, 2022) – Lewis Brisbois has been listed as a top 10 firm by Leopard Solutions in its annual rankings list of the healthiest law firms in 2021 across the country. Lewis Brisbois was ranked 7th on the list, with a “very good” score of 439. Other firms in the top 10 include Kirkland & Ellis, Greenberg Traurig, and Latham & Watkins. The Leopard Law Firm Index provides insight into law firm health and stability, using a robust list of criteria. This includes attorney growth and retention, financial stability over time, lateral recruiting success, an "Insider Score" based on surveys of attorneys at firms about their workplace (done in partnership with Above the Law), attorney promotions, and overall diversity. Leopard Solutions is a provider of business development solutions and market research reports, for law firms, legal recruiters, and legal departments. Read the court decision
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    Reprinted courtesy of Lewis Brisbois

    Colombia's $15 Billion Road Plan Bounces Back From Bribe Scandal

    June 03, 2019 —
    Colombia’s $15 billion highway program has come roaring back to life as laws to protect investors help confidence recover from a massive kickback scandal that had paralyzed the sector. Public works expanded 8.5% in the first quarter from a year earlier, a rare bright spot in an economy that has struggled to grow since oil prices crashed nearly five years ago. Colombia ranks 102 out of 140 nations in road infrastructure quality, behind Bolivia and Sierra Leone, according to World Economic Forum’s Global Competitiveness report. Fixing that problem, which has bedeviled Colombian industry and agriculture for centuries, can boost growth for a generation, the government believes. Read the court decision
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    Reprinted courtesy of Oscar Medina, Bloomberg

    Delays in Filing Lead to Dismissal in Moisture Intrusion Lawsuit

    September 09, 2011 —

    The Alabama Court of Civil Appeals has upheld a summary judgment in the case of Franklin v. Mitchell. Walter Mitchell, doing business as Southern Classic Construction built a new home for the Franklins. The Franklins moved into the home in October 2001. In April 2006 they discovered sagging floors in both the bathroom and kitchen. They contacted Mitchell who suggested the flooring might be defective. The Franklins spent eight months attempting to contact the flooring manufacturer.

    In March 2007, the Franklins had the home inspected. The sagging was determined to be due to a loss of strength in the decking because of condensation from the air conditioning system. Air returns were not properly sealed and drawing moisture into the structure. There was mold on the decking and floor joints.

    When Mitchell was contacted by the Franklins, he told them his one-year warranty had expired but had the HVAC subcontractor, Southern Mechanical Heating & Air (owned by Mitchell’s father, Jim Mitchell), look at the situation. SMHA replaced and braced subfloors. Later, they entered the crawl space to tape ducts, seal the air return, and insulate the air vent housing. The Franklins were not satisfied with the repairs, as not all the ducts were taped, nor were the air vent housings insulated.

    Franklin complained to Walter Mitchell who again cited his one-year warranty. Jim Mitchell said he would not report complaints to his insurer, stating that the repairs were unnecessary, that the work had been done correctly in the first place, and it was only done at the request of Walter Mitchell.

    In February 2009, the Franklins sued Walker Mitchell. Mitchell denied the claims, citing in part the statute of limitations. Mitchell also filed complaints against three subcontractors, including his father’s firm. Mitchell received a summary judgment as the case started after Alabama’s six-year statute of limitations.

    The appeals court rejected the Franklin’s argument that the claim of damage did not start until they were aware it was due to a construction defect. The court noted that as Walter Mitchell was licensed as a “residential home builder, the statute the Franklins cite did not apply, as it concerns architects, engineers, and licensed general contactors.”

    Nor did they feel that Mitchells’ claim that his warranty had expired were sufficient to override the statute of limitations, quoting an earlier case, “Vague assurances do not amount to an affirmative inducement to delay filing suit.” Their claim of subsequent negligent repairs was rejected because Mitchell did not direct the specific actions taken by his father’s firm.

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