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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


    Exception to Watercraft Exclusion Does Not Apply

    Steel Component Plant Linked to West Virginia Governor Signs $1M Pollution Pact

    Three's a Trend: Second, Fourth and Ninth Circuits Uphold Broad "Related Claims" Language

    Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

    Inverse Condemnation and Roadwork

    Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

    New Green Standards; Same Green Warnings for Architects & Engineers (law note)

    It’s Not Just the Millennium Tower That’s Sinking in San Francisco

    Illinois Federal Court Applies Insurer-Friendly “Mutual Exclusive Theories” Test To Independent Counsel Analysis

    Golden Gate Bridge's $76 Million Suicide Nets Near Approval

    MDL for Claims Against Manufacturers and Distributors of PFAS-Containing AFFFs Focuses Attention on Key Issues

    Dump Site Provider Has Valid Little Miller Act Claim

    Thank You for Seven Years of Election to Super Lawyers

    Trump Signs $2-Trillion Stimulus Bill for COVID-19 Emergency

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    Buffett’s $11 Million Beach House Is Still on the Market

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    What to Expect From the New Self-Retracting Devices Standard

    State Farm Too Quick To Deny Coverage, Court Rules

    No Indemnity Coverage Where Insured Suffers No Loss

    CDC Issues Moratorium on Residential Evictions Through 2020

    The Contract Disputes Act: What Every Federal Government Contractor Should Know

    Real Estate & Construction News Roundup (4/10/24) – Hotels Integrate AI, Baby-Boomers Stay Put, and Insurance Affects Housing Market

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    Virtual Mediation – How Do I Make It Work for Me?

    Eleventh Circuit Holds that EPA Superfund Remedial Actions are Usually Entitled to the FTCA “Discretionary Function” Exemption

    Let’s Get Surety Podcast – #126 Building the Future: AI, Construction and Law

    2017 California Employment Law Update

    How Drones are Speeding Up Construction

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    Payment Bond Claim Notice Requires More than Mailing

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    Colorado SB 15-177 UPDATE: Senate Business, Labor, & Technology Committee Refers Construction Defect Reform Bill to Full Senate

    Exclusions Bar Coverage for Damage Caused by Chinese Drywall

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    Ohio Court Finds No Coverage for Construction Defect Claims

    New York’s Highest Court Reverses Lower Court Ruling That Imposed Erroneous Timeliness Requirement For Disclaimers of Coverage

    Supreme Court of Washington State Upholds SFAA Position on Spearin Doctrine

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

    Construction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or Engineer

    Part I: Key Provisions of School Facility Construction & Design Contracts

    Is There a Conflict of Interest When a CD Defense Attorney Becomes Coverage Counsel Post-Litigation?

    Language California Construction Direct Contractors Must Add to Subcontracts Beginning on January 1, 2022, Per Senate Bill 727

    California Appellate Court Confirms: Additional Insureds Are First-Class Citizens

    Montrose III: Appeals Court Rejects “Elective Vertical Stacking,” but Declines to Find “Universal Horizontal Exhaustion” Absent Proof of Policy Wordings
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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. Leveraging 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

    The Colorado Construction Defect Reform Act Explained

    December 11, 2013 —
    Colorado passed its Construction Action Defect Reform Act twelve years ago, but as Anne K. McMichael of Zupkus & Angell, PC, points out, “while portions of this act are reasonably straightforward, several of the sections are subject to ongoing debate as to how these concepts should be applied to achieve fair and unbiased results.” The process for a construction defect claim under the CDARA starts with filing a notice of defects, after which the construction professional is permitted to inspect the alleged defect. The construction professional can then offer to repair or settle. The law offers protections for construction professionals who follow through with the process. But, as Ms. McMichael notes, these are denied to construction professionals who do not make offers, fail to meet settlement agreements, or offers a settlement that is insufficient for repairs. Read the court decision
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    Reprinted courtesy of

    Brown Act Modifications in Response to Coronavirus Outbreak

    March 30, 2020 —
    Gov. Gavin Newsom waived certain provisions of the Bagley-Keene Act and Ralph M. Brown Act to make state and local legislative bodies safer while allowing California public entities to conduct business. In an effort to promote social distancing and slow the spread of the coronavirus pandemic Gov. Newsom issued Executive Order N-25-20. The Executive Order authorizes state and local legislative bodies, such as school district and county office of education governing boards, to more easily hold public meetings by way of teleconference. The order took further steps to make public meetings accessible to the public via electronic means, including telephone. The Brown Act generally requires legislative body members, a clerk, or other personnel to be physically present in a meeting in order to participate or establish a quorum. Executive Order N-25-20 temporarily eliminates this requirement. Furthermore, standard Brown Act requirements such as publicly noticing the teleconference location for each meeting participant is also suspended. Clearly, this is an attempt to protect the public, as well as Board members and staff, by temporarily discouraging large group settings in the conduct of the public’s business. Read the court decision
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    Reprinted courtesy of Gregory J. Rolen, Haight Brown & Bonesteel
    Mr. Rolen may be contacted at grolen@hbblaw.com

    Sobering Facts for Construction Safety Day

    April 28, 2014 —
    Happy “Construction Safety Day” everyone! James White of Maxwell Systems, has shared with me an infographic showing all sorts of data about construction fatalities. As you might expect, falls are the #1 source of construction-site fatalities, followed by being struck by falling objects, electrocution, and being caught between objects, in that order. Together, these “fatal four” make up 57% of all construction worker deaths. Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Take Advantage of AI and Data Intelligence in Construction

    May 06, 2019 —
    For consumers, AI and data intelligence are daily activities. Purchase recommendations from Amazon simplify holiday shopping. Music options from Spotify helps employees focus during the workday and relax at night. Car-sharing apps remove the stress from post-happy hour transport. It is time for this kind of data-driven ease to hit the construction industry. Building is booming, yet despite the good times, the industry still lags in terms of data intelligence and AI. With them, construction providers can transform document and jobsite information into intelligent insights, reduce errors, keep projects on schedule and predict and prevent costly inefficiencies. Artificial intelligence is the “connective tissue” that construction is missing--if it is used wisely. Why Construction is Ready for AI With its endless stream of owners, architects, engineers, contractors, subcontractors and suppliers, the construction industry manages more critical information on a day-to-day basis than nearly any other business. As a result, there are dozens of potential miscommunications just waiting to happen every day. Reprinted courtesy of Nick Carter, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Asbestos Confirmed After New York City Steam Pipe Blast

    July 21, 2018 —
    Asbestos has been found at the site where an underground steam pipe exploded early Thursday morning near the Flatiron building in midtown Manhattan. Read the court decision
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    Reprinted courtesy of Eydie Cubarrubia, ENR
    Ms. Cubarrubia may be contacted at cubarrubiae@enr.com

    Insurance and Your Roof

    November 13, 2013 —
    Those seeking home insurance should look up. Bankrate points out that the type of roof a home has can affect how much it costs to insure it. “The roof is the first layer that wind, hail, wildfire and other hazards really begin to act on,” Tim Reinhold, the chief engineer at the Insurance Institute for Business and Home Safety, told the site. For insurers, the most problematic roof type is probably wood shakes. “Some companies won’t even insure certain roof types, such as wood shakes, in high fire-risk areas,” said Robert Hunter, the director of insurance for the Consumer Federation of America. Not that other roof types are problem-free. Metal roofs can corrode, particularly when two different metals touch. Shingles age more quickly than other roof types, becoming brittle, and they can blow off in high winds. Tile roofs are expensive, something insurers are guaranteed to factor into the insurance rates. Read the court decision
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    Reprinted courtesy of

    Staying the Course, Texas Supreme Court Rejects Insurer’s Argument for Exception to Eight-Corners Rule in Determining Duty to Defend

    April 27, 2020 —
    In responding to a certified question from the Fifth Circuit in Richards v. State Farm Lloyds, the Texas Supreme Court held that the “policy-language exception” to the eight-corners rule articulated by the federal district court is not a permissible exception under Texas law. See Richards v. State Farm Lloyds, 19-0802, 2020 WL 1313782, at *1 (Tex. Mar. 20, 2020). The eight-corners rule generally provides that Texas courts may only consider the four corners of the petition and the four corners of the applicable insurance policy when determining whether a duty to defend exists. State Farm argued that a “policy-language exception” prevents application of the eight-corners rule unless the insurance policy explicitly requires the insurer to defend “all actions against its insured no matter if the allegations of the suit are groundless, false or fraudulent,” relying on B. Hall Contracting Inc. v. Evanston Ins. Co., 447 F. Supp. 2d 634, 645 (N.D. Tex. 2006). The Texas Supreme Court rejected the insurer’s argument, citing Texas’ long history of applying the eight-corners rule without regard for the presence or absence of a “groundless-claims” clause. The underlying dispute in Richards concerned whether State Farm must defend its insureds, Janet and Melvin Richards, against claims of negligent failure to supervise and instruct after their 10-year old grandson died in an ATV accident. The Richardses asked State Farm to provide a defense to the lawsuit by their grandson’s mother and, if necessary, to indemnify them against any damages. To support its argument that no coverage under the policy existed, and in turn, it had no duty to defend, State Farm relied on: (1) a police report to prove the location of the accident occurred off the insured property; and (2) a court order detailing the custody arrangement of the deceased child to prove the child was an insured under the policy. The federal district court held that the eight-corners rule did not apply, and thus extrinsic evidence could be considered regarding the duty to defend, because the policy did not contain a statement that the insurer would defend “groundless, false, or fraudulent” claims. In light of the extrinsic police report and extrinsic custody order, the district court granted summary judgment to State Farm. Reprinted courtesy of Hunton Andrews Kurth attorneys John C. Eichman, Sergio F. Oehninger, Grayson L. Linyard and Leah B. Nommensen Mr. Oehninger may be contacted at soehninger@HuntonAK.com Mr. Linyard may be contacted at glinyard@HuntonAK.com Ms. Nommensen may be contacted at leahnommensen@HuntonAK.com Read the court decision
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    Reprinted courtesy of

    When is a Residential Subcontractor not Subject to the VCPA? Read to Find Out

    December 01, 2017 —
    The Virginia Consumer Protection Act (VCPA) can and often does apply to residential construction. The transaction between a residential contractor and an homeowner has been held to fall under the consumer transaction language of the VCPA and on occasion been used to avoid the issues with the economic loss doctrine in Virginia. However, there are limits to how far down the contractual chain the VCPA applies, particularly in the case where a supplier or subcontractor does not provide the services or materials for a personal, consumer purpose. An example of this fact is found in the case of Johnston v. Stephan. In that case, a couple hired a general contractor to build a home and the general contractor hired Cole Roofing System, Inc. to provide the roof of the home. The first couple subsequently sold the home and the second homeowners sought further work on the roof from Cole Roofing. After Cole Roofing refused further work, the homeowners brought an action seeking to enforce a warranty and for a violation of the VCPA. For the warranty claim, the homeowners relied on the contract between them and the prior homeowners that referenced a 10 year warranty on the roof and the subcontract between the homebuilder and Cole Roofing. Cole Roofing sought dismissal of the VCPA and warranty claims by demurrer and further sought by demurrer to have the matter dismissed as being filed after the running of the statute of limitations. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com