Cambridge Massachusetts Building Expert Directory

Goldberg Segalla Welcomes William L. Nimick

February 07, 2022 — Goldberg Segalla LLP
(RALEIGH, N.C.)—Goldberg Segalla added William L. Nimick to the firm's Construction Litigation and Counsel group in Raleigh. Nimick was previously with The Law Offices of Stephen R. Paul in Raleigh. Nimick is an experienced litigator who focuses his practice on counseling and defending corporate entities, insurers, contractors, and subcontractors in a range of liability claims, including those alleging construction defect, personal injury, property damage, premises liability, and more. Nimick draws on a background in civil litigation, personal injury and wrongful death, workers' compensation, and subrogation. He has handled subrogation claims across North Carolina, including construction defects, motor vehicle accidents, product liability lawsuits, and large fire losses. Nimick earned his bachelor's degree at the University of North Carolina at Wilmington and his juris doctor at the Campbell University Norman Adrian Wiggins School of Law. About Goldberg Segalla Goldberg Segalla is a national civil litigation firm with more than 20 offices in 10 states spanning major metro markets across the U.S., providing strategic coverage wherever our clients do business. As a firm of experienced litigators and trial attorneys, Goldberg Segalla's capabilities span business and commercial disputes, employment and labor, insurance coverage, product liability, and more. Today, our more than 400 attorneys are trusted counselors to public and private clients in key sectors and industries including construction and energy, transportation, manufacturing, retail and hospitality, and insurance. To learn more, visit goldbergsegalla.com or follow us on LinkedIn, Facebook, and Twitter. Read the court decision
Read the full story...
Reprinted courtesy of

So a Lawsuit Is on the Horizon…

August 10, 2021 — Sean Donoghue - Construction Executive
As certain as death and taxes, documents will need to be exchanged in the event of a lawsuit. Here is what to expect and a few tips for reducing costs and protecting the case. What Needs to Be Produced? Discovery is broad, but proportional to the needs (i.e., usually the dollar value) of the case. Cost reports, bid back up and scheduling information are often at the heart of damages issues in construction disputes. Thus, while it will depend on the nature of the dispute, these items will generally need to be produced. It is no secret that electronically stored information (ESI) can be a big part of discovery in litigation, particularly in a document intensive industry like construction. In addition to electronically stored project files, expect that the inboxes of employees who are close to the dispute will need to be searched. How many will depend on the size of the dispute and the number of players involved. Hard-drives and text messages of those employees may also be discoverable. Reprinted courtesy of Sean Donoghue, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of
Mr. Donoghue may be contacted at sdonoghue@eckertseamans.com

ASCE Statement on EPA Lead Pipe and Paint Action Plan

December 27, 2021 — Tom Smith, Executive Director - American Society of Civil Engineers (ASCE)
WASHINGTON, DC. – The American Society of Civil Engineers applauds the Lead Pipe and Paint Action Plan released yesterday by the Environmental Protection Agency to help communities across the country remove lead pipes out of their drinking water systems. Access to clean and safe drinking water is critical to public health and economic prosperity, and ASCE's 2021 Report Card for America's Infrastructure. gave a grade of C- for the drinking water category. It is estimated that as many as 10 million American households still have lead water pipes in use, which can put at risk the health and safety of families, particularly children. For utilities, moving forward with completing an inventory of lead service lines as part of the Lead and Copper Rule is a critical step, so we can get a better national picture of the scope of the problem. This plan will allocate nearly $3 billion from the recently passed Infrastructure Investment and Jobs Act (IIJA) to states for lead service line replacements in FY 2022 and will prioritize communities with the highest lead levels. While additional investment will be needed, it is a significant down-payment on a national shared priority of clean drinking water for all Americans. It will allow utilities of all sizes to accelerate their rate of lead pipe replacement and offer technical assistance to those communities just embarking on these types of projects. For more information about the American Society of Civil Engineers, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
Read the full story...
Reprinted courtesy of

Nevada Assembly Bill Proposes Changes to Construction Defect Litigation

April 14, 2011 — Beverley BevenFlorez CDJ STAFF

Assemblyman John Oceguera has written a bill that would redefine the term Construction Defect, set statutory limitations, and force the prevailing party to pay for attorney’s fees. Assembly Bill 401 has been referred to the Committee on Judiciary.

Currently, the law in Nevada states that “a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance, which is done in violation of law, including in violation of local codes or ordinances, is a constructional defect.” However, AB401 “provides that there is a rebuttable presumption that workmanship which exceeds the standards set forth in the applicable law, including any applicable local codes or ordinances, is not a constructional defect.”

The Nevada courts may award attorney fees to the prevailing party today. However, AB401 mandates that attorney fees must be awarded, and the exact award is to be determined by the Court. “(1) The court shall award to the prevailing party reasonable attorneyâ€™s fees, which must be an element of costs and awarded as costs; and (2) the amount of any attorney’s fees awarded must be determined by and approved by the court.”

AB401 also sets a three year statutory limit “for an action for damages for certain deficiencies, injury or wrongful death caused by a defect in construction if the defect is a result of willful misconduct or was fraudulently concealed.”

This Nevada bill is in the early stages of development.

Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

MBS’s $500 Billion Desert Dream Just Keeps Getting Weirder

August 29, 2022 — Vivian Nereim - Bloomberg
One day last September, a curious email arrived in Chris Hables Gray’s inbox. An author and self-described anarchist, feminist, and revolutionary, Gray fits right into Santa Cruz, Calif., where he lives. He’s written extensively about genetic engineering and the inevitable rise of cyborgs, attending protests in between for causes such as Black Lives Matter. While Gray had taken some consulting gigs over the years, he’d never received an offer like this one. The first shock was the money: significantly more than he’d earned from all but one of his books. The second was the task: researching the aesthetics of seminal works of science fiction such as Blade Runner. The biggest surprise, however, was the ultimate client: Mohammed bin Salman, the 36-year-old crown prince of Saudi Arabia. MBS, as he’s known abroad, was in the early stages of one of the largest and most difficult construction projects in history, which involves turning an expanse of desert the size of Belgium into a high-tech city-region called Neom. Starting with a budget of $500 billion, MBS bills Neom as a showpiece that will transform Saudi Arabia’s economy and serve as a testbed for technologies that could revolutionize daily life. And as Gray’s proposed assignment suggested, the crown prince’s vision bears little resemblance to the cities of today. Intrigued, Gray took the job. “If I can be honest with how I see the world, I’ll pretty much put my work out to anyone,” he says. Read the court decision
Read the full story...
Reprinted courtesy of Vivian Nereim, Bloomberg

Traub Lieberman Attorneys Win Motion for Judgment on the Pleadings In Favor of Insurer

June 26, 2023 — Jeremy S. Macklin & Danielle K. Kegley - Traub Lieberman
Traub Lieberman Partner Jeremy Macklin and Associate Danielle Kegley obtained judgment on the pleadings in favor of Admiral Insurance Company (“Admiral”), in a matter brought before the Chancery Division of the Circuit Court of Cook County, Illinois. In the underlying case, an injured employee sued various companies, and their agents, for injuries he sustained on a construction project. The insureds, one of the defendant companies and its employee, sought coverage for the underlying lawsuit under a professional liability policy issued to that company by Admiral. The policy at issue provided coverage for the company and its employees, for negligent acts or omissions committed in the rendering of “professional services,” defined as services “involving specialized training and skill while in the pursuit of” mechanical and process engineering. After initially defending the insureds, Admiral filed a declaratory judgment action asking the Court to declare that the company has no duty to defend or indemnify the insureds in the underlying lawsuit and to allow Admiral to immediately withdraw its defense of the insureds. Admiral argued there is no coverage under the professional liability policy, as the underlying lawsuit does not contain allegations that the underlying plaintiff’s injuries arose from the rendering of or failure to render “professional services.” The insureds argued that since they were hired as mechanical and process engineers for the project, that any lawsuits against them must necessarily arise from their “professional services.” Further, the insureds asked the Court to disregard the express allegations in the underlying lawsuit concerning their role on the project as a general contractor. Reprinted courtesy of Jeremy S. Macklin, Traub Lieberman and Danielle K. Kegley, Traub Lieberman Mr. Macklin may be contacted at jmacklin@tlsslaw.com Ms. Kegley may be contacted at dkegley@tlsslaw.com Read the court decision
Read the full story...
Reprinted courtesy of

Phillips & Jordan Awarded $176M Everglades Restoration Contract

March 01, 2021 — Thomas F. Armistead - Engineering News-Record
Construction of the next major project for the Everglades Agricultural Area Reservoir south of Lake Okeechobee is set to begin in April following the South Florida Water Management District's award of a $175.8-million lump-sum contract to Phillips and Jordan Inc. Reprinted courtesy of Thomas F. Armistead, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

New York Appellate Court Restores Insurer’s Right to Seek Pro Rata Allocation of Settlements Between Insured and Uninsured Periods

March 28, 2022 — Patricia B. Santelle & Frank J. Perch, III - White and Williams LLP
In Liberty Mut. Ins. Co. v. Jenkins Bros., 2022 N.Y. App. Div. LEXIS 1846 (App.Div. 1st Dept. March 22, 2022), the New York Supreme Court, Appellate Division, First Department, issued a ruling reversing the trial court and holding that an insurer was entitled to allocate a portion of asbestos claim settlements it negotiated to time periods when its dissolved insured was without coverage. The decision overturns a trial court ruling that the insurer was barred from denying liability for the full amount of the settlements because the insurer had become the “real party in interest” as a result of a prior court order directing it to accept service of process on behalf of a dissolved insured. The trial court held that the insurer stood in the shoes of the insured for all purposes by accepting service and negotiating settlements, and was therefore estopped from denying liability for the full amount of the settlements. Reprinted courtesy of Patricia B. Santelle, White and Williams LLP and Frank J. Perch, III, White and Williams LLP Ms. Santelle may be contacted at santellep@whiteandwilliams.com Mr. Perch may be contacted at perchf@whiteandwilliams.com Read the court decision
Read the full story...
Reprinted courtesy of

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES