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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


    Evergrande’s Condemned Towers on China’s Hawaii Show Threat

    An Increase of US Metro Areas’ with Normal Housing & Economic Health

    Reminder: Pay if Paid Not All Encompassing (but Could it be?)

    French Government Fines National Architects' Group $1.6M Over Fee-Fixing

    Floating Cities May Be One Answer to Rising Sea Levels

    New Jersey Construction Company Owner and Employees Arrested for Fraud

    Contractor Allegedly Injured after Slipping on Black Ice Files Suit

    Trends and Issues which Can Affect Workers' Compensation Coverage for Construction Companies

    2019 Legislative Changes Affecting the Construction Industry

    Key Takeaways For Employers in the Aftermath of the Supreme Court’s Halt to OSHA’s Vax/Testing Mandate

    Wheaton to Require Sprinklers in New Homes

    New York Developer gets Reprieve in Leasehold Battle

    Intellectual Property And Employment Law Best Practices: Are You Covering Your Bases In Protecting Construction-Related Trade Secrets?

    Texas Shortens Its Statute of Repose To 6 Years, With Limitations

    “I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties

    New WA Law Caps Retainage on Private Projects at 5%

    San Diego Developer Strikes Out on “Disguised Taking” Claim

    L.A.’s Modest Solution to the ‘Missing Middle’ Housing Problem

    Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors

    How Algorithmic Design Improves Collaboration in Building Design

    Product Manufacturers Beware: You May Be Subject to Jurisdiction in Massachusetts

    Don’t Do this When it Comes to Construction Liens

    Florida Law: Interplay of SIR and the Made-Whole Doctrine

    When Do You Call Your Lawyer?

    CAPSA Changes Now in Effect

    Second Circuit Finds Potential Ambiguity in Competing “Anti-Concurrent Cause” Provisions in Hurricane Sandy Property Loss

    Discussion of History of Construction Defect Litigation in California

    Montreal Bridge Builders Sue Canada Over New Restrictions

    Concerns About On-the-job Safety Persist

    Nevada Judge says Class Analysis Not Needed in Construction Defect Case

    Insurance Law Alert: Ambiguous Producer Agreement Makes Agent-Broker Status a Jury Question

    Insured's Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages

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    Update Coverage for Construction Defect Claims in Colorado

    Factor the Factor in Factoring

    Firm Offers Tips on Construction Defects in Colorado

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

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    Think Before you Execute that Release – the Language in the Release Matters!

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    Global Insurer Agrees to Pay COVID-19 Business Interruption Claims
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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

    Wall Enclosing Georgia Neighborhood Built for Walking Dead TV Show

    July 16, 2014 —
    The studio for AMC’s Walking Dead television show “is constructing a 15-foot-high wall around a neighborhood in the small town of Senoia,” located outside of Atlanta, Georgia to create a set for new episodes, the Sacramento Bee reported. The town’s mayor, Larry Owens, stated that the city council approved plans for the wall, which will enclose “about four brownstone town homes plus about a half-dozen additional residences.” About 30 people currently live in the area affected. The show will use the area “as a safe haven from zombies,” which the show refers to as “walkers.” Read the court decision
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    Reprinted courtesy of

    Home Builders Wear Many Hats

    May 10, 2013 —
    George McMahan, the president of the West Texas Home Builders Association, writes in the Lubbock Avalanche-Journal about what it takes to be a home builder. He notes that “a home builder guides dozens of skilled artisans and professionals,” and must “understand all of the home’s complex systems and know enough about each contractor’s trade in order to coordinate this skilled team to build and sell a quality product.” Additionally, home builders must “serve as liaisons with their communities and local government officials.” After the site is selected and homes are being built, “a home builder acts as an inspector.” McMahan notes that “a professional home builder will make certain the home meets both code and warranty guidelines long before and after the officials show up.” “Home builders,” he says, “are schedulers and record keepers.” They have to “tackle multiple tasks simultaneously in order to keep the construction process moving forward.” They “wear many, many hats,” so that they can “deliver a home where the new owners can hang their own hats, raise a family and build lifelong memories.” Read the court decision
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    Reprinted courtesy of

    Real Estate & Construction News Roundup (08/30/23) – AI Predicts Home Prices, Construction’s Effect on the Economy, and Could Streamline Communications for Developers

    October 17, 2023 —
    In our latest roundup, SV invests in a new green “mega-city” outside San Francisco, refunds are given to investors in fraudulent real estate deal, homebuyers are losing purchasing power, and more!
    • With major tech companies like Google and Amazon laying off workers, those with computer science and related degrees are looking to construction as a place to start or restart their careers. (Zachary Phillips, Construction Dive)
    • Although Silicon Valley is the haven for most tech startups, Israel has become a place where those in construction innovation can find support and funding. (Matthew Thibault, Construction Dive)
    • For those who may be concerned about the future price of their home, it may be possible for AI to look at a house and predict its price with “striking accuracy.” (Jacob Zinkula, Business Insider)
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Heads I Win, Tails You Lose. Court Finds Indemnity Provision Went Too Far

    May 25, 2020 —
    We all love David and Goliath stories. The underdog winning against the far stronger (and dastardly) opponent. Think Rocky Balboa versus Ivan Drago, the Star Wars Rebellion versus the Galatic Empire, Indiana Jones versus a good chunk of the Third Reich. And now, we have Margaret Williams. The Story of Margaret Williams and her LLC The story, told in Long Beach Unified School District v. Margaret Williams, LLC, Case No. B290069 (December 9, 2019), is about Margaret Williams. Ms. Williams (we’ll just call her “Margaret” going forward because it just sounds better when telling a story) worked for nearly ten years full-time for the Long Beach Unified School District, toiling day in and day out doing construction management and environmental compliance work, including work involving the clean up of material at a school construction site contaminated with arsenic. Although she worked full-time for the District for nearly ten years, she wasn’t an employee. Rather, she was a contractor. And, on top of it all, as a condition of working for the District, the District required that she form a company in order to contract with the District. According to Margaret, “In order to work with the District, I was directed . . . to form a corporation or partnership. This was the only way I could work for the District: I could not enter into a contract with the District as an individual.” So, in 2006, she formed a company, simply called Margaret Williams, LLC. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Applying Mighty Midgets, NY Court Awards Legal Expenses to Insureds Which Defeated Insurer’s Coverage Claims

    February 10, 2020 —
    Is an insured (or putative insured) entitled to recover its legal expenses if it is successful in coverage litigation? In some states, no. In many other states, yes – based on either a statute or the common law. In New York, an insured may recover such expenses if it was “cast in a defensive posture by the legal steps an insurer takes in an effort to free itself from its policy obligations,” and, while forced into that posture, the insured defeats the insurer’s claim. Mighty Midgets, Inc. v. Centennial Ins. Co., 389 N.E.2d 1080, 1085 (N.Y. 1979). As a corollary to that rule, the insured is not entitled to its expenses “in an affirmative action brought by [the insured] to settle its rights. . . .” Id. at 1085. Earlier this week, the New York federal court in United Specialty Ins. Co. v. Lux Maint. & Ren. Corp., 2019 U.S. Dist. LEXIS 201805 (S.D.N.Y. Nov. 20, 2019) became the latest to apply the Mighty Midgets rule, awarding several insureds their legal expenses after defeating the insurer’s declaratory judgment action. In Lux, the CGL insurer of a façade-renovation contractor sued the contractor (its named insured) and several owners of a hospital (putative additional insureds) at which the façade-renovation work took place, claiming that the insurer did not owe a defense or indemnity to any of those companies in connection with an underlying bodily injury action brought by an employee of the contractor who was injured while performing the work. The insurer and the putative additional insureds filed cross-motions for summary judgment on the coverage issues, with the putative additional insureds also seeking to recover their legal expenses for defending against the insurer’s action. The U.S. District Court for the Southern District of New York concluded that, based on the contractor’s agreement to provide coverage for the hospital owners, and a comparison between the underlying allegations and the policy, the insurer owed the hospital owners coverage as additional insureds to the contractor’s policy; the court also concluded that the insurer owed coverage for the contractor’s contractual defense and indemnity obligations to the hospital owners. After concluding that the insurer’s claim that it did not owe coverage lacked merit, the court turned to the additional insureds’ request for their legal expenses. The court examined the “well settled” rule under New York law “that an insured cannot recover his legal expenditure in a dispute with an insurer over coverage, even if the insurer loses and is obligated to provide coverage,” but also New York’s “limited exception” to that rule, “under which an insured who is ‘cast in a defensive posture by the legal steps an insurer takes in an effort to free itself from its policy obligations, and who prevails on the merits, may recover attorneys’ fees incurred in defending against the insurer’s action.’ ” Lux, 2019 U.S. Dist. LEXIS 201805, at *18 (quoting Mighty Midgets, 389 N.E.2d at 1085). Reprinted courtesy of Anthony L. Miscioscia, White and Williams and Timothy A. Carroll, White and Williams Mr. Miscioscia may be contacted at misciosciaa@whiteandwilliams.com Mr. Carroll may be contacted at carrollt@whiteandwilliams.com Read the court decision
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    Reprinted courtesy of

    New Report Reveals Heavy Civil Construction Less Impacted by COVID-19 Than Commercial Construction

    August 31, 2020 —
    Heavy civil construction is deemed essential to the economy and has continued in many jurisdictions throughout the economic shutdown. However, data from The Civil Quarterly (TCQ), a new publication from Dodge Data & Analytics, reveals contractors in this sector are facing supply chain issues and other challenges in keeping jobsites going. The Civil Quarterly (TCQ) is the result of a partnership with Founding partner Infotech, Platinum partner Leica Geosystems and Gold partners Command Alkon and Digital Construction Works, and is based on original research collected quarterly from civil contractors and engineers. The research provides a snapshot of the current business health of contractors operating in this dynamic environment. The inaugural report features research on how technology is transforming civil jobsites and on the prevalence of important safety practices, and future issues will continue to offer insights into key trends that are transforming the sector. Ninety-nine contractors responded to the survey conducted online from mid-April to mid-May 2020. Reprinted courtesy of Dodge Data and Analytics, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. To learn more about Dodge Data and Analytics, visit www.construction.com Read the court decision
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    New York's De Blasio Unveils $41 Billion Plan for Affordable Housing

    May 07, 2014 —
    New York Mayor Bill de Blasio presented plans to build and preserve 200,000 units of affordable housing in the next decade by increasing rent protections for the poor and requiring developers to include below-market apartments in newly zoned areas. The $41.1 billion program, paid for with city, state, federal and private funds, would focus 60 percent on preservation and 40 percent on new construction. About $8.2 billion of the cost would be borne by the city, according to a 116-page report detailing the plan, which de Blasio called the “largest, fastest” affordable-housing program ever attempted at the local level. De Blasio, 52, a self-described progressive and the city’s first Democratic mayor in 20 years, took office in January after describing income inequality as the most serious issue facing the most populous U.S. city. He turned his attention to housing today after pushing the state legislature in March to grant the city $300 million to institute universal all-day pre-kindergarten. Read the court decision
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    Reprinted courtesy of Henry Goldman, Bloomberg
    Mr. Goldman may be contacted at hgoldman@bloomberg.net

    Texas Supreme Court Rules That Subsequent Purchaser of Home Is Bound by Original Homeowner’s Arbitration Agreement With Builder

    May 29, 2023 —
    In a new opinion Lennar Homes of Texas Land and Construction, Ltd., et al. v. Kara Whiteley, Cause No. 21-0783, 66 Tex. Sup. Ct. J. 8740, issued May 12, 2023, the Texas Supreme Court partially reversed two lower court decisions and held that an arbitration provision contained in the original homeowner’s contract with the builder was binding on a subsequent homeowner. In the decision, the court found that Kara Whiteley—the second owner of the home in Galveston, Texas—was bound to arbitrate her construction defect claims with Lennar by virtue of the doctrine of “direct-benefits estoppel.” The rationale was based on the fact that Whitely was seeking benefits emanating from Lennar’s contract with the original homeowner. The residence in question was first purchased from Lennar in May 2014. Whiteley purchased the home in July 2015. The original contract documents included several arbitration provisions—one in the Purchase and Sale Agreement, one in the Limited Warranty issued by Lennar, and one in the general warranty deed. Whiteley sued Lennar in Galveston County District Court alleging mold growth and other defects at the property. Lennar moved for arbitration and its motion was granted. The parties arbitrated the case and Lennar received an award in its favor. Lennar then moved the District Court to confirm the arbitration award, and Whiteley filed a cross-motion to vacate the award, arguing that Lennar’s original motion to compel arbitration should not have been granted. The District Court agreed with Whiteley, vacating the arbitration award. Lennar appealed. The Court of Appeals affirmed the District Court’s vacatur, and Lennar appealed to the Texas Supreme Court. Read the court decision
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    Reprinted courtesy of Kim Altsuler - Peckar & Abramson, P.C.
    Ms. Altsuler may be contacted at kaltsuler@pecklaw.com