Cambridge Massachusetts Building Expert Directory

Best Practices After Receiving Notice of a Construction Claim

July 18, 2022 — Lauren Meadows - Construction Executive
Being served with a lawsuit is typically not a welcomed experience. However, a construction professional that has been proactive in an early investigation of the claim will be better equipped to defend the case. The following best practices should be used by construction professionals as soon as a potential claim becomes evident. Notify Immediately after the receipt of a claim or notice of an incident, efforts should be made to notify all essential parties. This includes any potential insurers that may provide coverage for the claim as well as any parties to whom notice may be required or warranted under the project contract and/or scope of work. Some construction contracts contain an insurance clause that requires one party to provide additional insured coverage under its liability policy to another party. Notice should be given to any insurer that potentially provides additional insured coverage as soon as possible. The failure to provide an insurance company with prompt notice of a potential claim could result in the denial of the claim. Reprinted courtesy of Lauren Meadows, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Understanding the Limits of Privilege When Applied to Witness Prep Sessions

January 28, 2025 — Stu Richeson - The Dispute Resolver
In my last post, Ethical Limits on Preparing a Witness for Deposition or Trial, I took a brief look at the ethical limits on preparing a witness for trial or deposition. This post will continue on that theme and examine the scope of privilege in connection with preparing witnesses for deposition and trial. Typically, a meeting with a client or client representative to prepare deposition or trial testimony will be covered by attorney-client privilege. Both the communications between an attorney and the client or client representative in preparation to testify are privileged as are the documents provided by the attorney to the client to review in preparation for testify.[i] That privilege will typically apply to all employees of a corporate client, not just the control group or high-level management of the corporation. Read the court decision
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Reprinted courtesy of Stu Richeson, Riess LeMieux
Mr. Richeson may be contacted at sricheson@rllaw.com

Traub Lieberman Attorneys Recognized as 2024 “Top Lawyers” in New York by Hudson Valley Magazine

July 15, 2024 — Traub Lieberman
Traub Lieberman is pleased to announce four New York partners have been included in the 2024 edition of the Hudson Valley Magazine "Top Lawyers in the Hudson Valley in 2024.” This annual guide recognizes over 260 of the region's leading attorneys. Lisa Shrewsberry, Hillary Raimondi and Jonathan Harwood are noted for their professional skills in the category of Professional Malpractice Non-Medical Defense and Copernicus “Cope” Gaza in the Insurance category. Insurance:

Copernicus T. Gaza

Professional Malpractice Non Medical Defense:

Jonathan R. Harwood
Hillary J. Raimondi
Lisa L. Shrewsberry

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Reprinted courtesy of Traub Lieberman

Congratulations 2019 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

December 09, 2019 — White and Williams LLP
Fifteen White and Williams lawyers have been named by Super Lawyers as a Delaware, New Jersey or Pennsylvania "Super Lawyer" while eight received "Rising Star" designations. Each lawyer who received the distinction competed in a rigorous selection process which took into consideration peer recognition and professional achievement. The lawyers named to this year's Super Lawyer list represent a multitude of practices throughout the firm. Super Lawyers 2019 John Balaguer, PI Defense: Med Mal David Chaffin, Business Litigation Kevin Cottone, PI Defense: Med Mal Steven Coury, Real Estate: Business John Eagan, Tax: Business Randy Friedberg, Intellectual Property Bridget La Rosa, Estate Planning & Probate Christopher Leise, Civil Litigation: Defense Randy Maniloff, Insurance Coverage David Marion, Business Litigation John McCarrick, Insurance Coverage Peter Mooney, Business Litigation Michael Olsan, Insurance Coverage John Orlando, General Litigation Wesley Payne, Insurance Coverage Daryn Rush, Insurance Coverage Anthony Salvino, Workers’ Comp Patricia Santelle, Insurance Coverage Jay Shapiro, Business Litigation Heidi Sorvino, Bankruptcy: Business Craig Stewart, Business Litigation Andrew Susko, Civil Litigation: Defense Robert Wright, Insurance Coverage Read the court decision
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Reprinted courtesy of White and Williams LLP

Quick Note: Submitting Civil Remedy Notice

May 10, 2017 — David Adelstein - Florida Construction Legal Updates
There are steps an insured or claimant need to take in order to assert a statutory bad faith claim. The first step is the obligatory Civil Remedy Notice. This obligation is set forth in Florida Statute s. 624.155. The Civil Remedy Notice is, in essence, written notice of the specific violation(s) that are being claimed against the insurer that give rise to potential bad faith and an opportunity for the insurer to cure the violation(s). Florida Statute s. 624.155 would not be confused as a model of clarity, so it is important that a insured or claimant work with an attorney regarding any bad faith claim including filling out the Civil Remedy Notice. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

Architect Plans to 3D-Print a Two-Story House

August 27, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Housing Wire, Andrey Rudenko, who succeeded in 3D-Printing a backyard castle, now plans on building a two-story home, complete with insulation, wiring and plumbing. Rudenko has a background in engineering, architecture and contracting, and has developed his own 3D printer. In an interview with 3DPrint.com (reported in Housing Wire), Rudenko said that he is “currently conducting a large scale of experiments to extend the possibilities of this new technology – printing different elements, structures, and studying and developing new techniques.” Rudenko still must find investors, obtain building permits, as well as make certain that the end result complies with certain code requirements. If he succeeds, Rudenko plans to sell DIY kits. Read the court decision
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Named Insured’s Liability Found Irrelevant to Additional Insured’s Coverage Under a Landlords and Lessors Additional Insured Endorsement

November 16, 2020 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Truck Ins. Exchange v. AMCO Ins. Co. (No. B298798, filed 10/26/20), a California appeals court held that even though the named insured restaurant-lessee was found not liable for premises liability to injured restaurant patrons, the respective liability of the named and additional insured was irrelevant to the landlord-lessor’s coverage for injuries “arising out of” the lessee’s “use” of the premises under a landlords, managers or lessors of premises additional insured endorsement on the lessee’s general liability policy. In Truck v. AMCO, restaurant patrons were injured when a vehicle crashed into the restaurant while they were dining. The landlord was aware of a similar accident that happened several years before, but the current lessee operating the restaurant was not. The patrons sued the lessee, alleging negligence and premises liability for failing to take precautionary measures and safeguard the patrons. On learning of the prior incident, the patrons added the landlord, alleging that it should have protected the property from a recurrence by reinforcing the door and installing bollards by the street. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Breach of a Construction Contract & An Equitable Remedy?

September 22, 2016 — David Adelstein – Florida Construction Legal Updates
In payment or collection-type lawsuits, the party suing for money sometimes asserts a claim for unjust enrichment or quantum meruit as an alternative equitable remedy to a breach of contract claim. Frankly, sometimes a party will do this as a means to throw everything against the wall hoping something, just something, sticks. However, if there is a contract by and between the parties, equitable claims such as unjust enrichment or quantum meruit will invariably fail. They will fail because a party cannot circumvent a contract simply because their recourse may prove better under an equitable theory. It doesn’t work like that! And, it should not! Read the court decision
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Reprinted courtesy of David M. Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES