Cambridge Massachusetts Building Expert Directory

Rhode Island Sues 13 Industry Firms Over Flawed Interstate Bridge

September 23, 2024 — Richard Korman - Engineering News-Record
In an attempt to recoup any money Rhode Island will owe to others for rerouting traffic on half of a high-volume interstate bridge in Providence after structural flaws had been detected, the state Dept. of Transportation filed a lawsuit Aug. 16 against 13 engineers and contractors that had inspected or performed work on the Washington Bridge in the last decade. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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SCOTUS to Weigh Landowners' Damage Claim Against Texas DOT

November 13, 2023 — Mary B. Powers - Engineering News-Record
The U.S. Supreme Court has agreed to hear a case this term that could affect whether states must pay compensation to landowners whose property was damaged by public project execution. Payments also could extend to state owned utilities and others. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Wisconsin Supreme Court Abandons "Integrated Systems Analysis" for Determining Property Damage

September 12, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The Wisconsin Supreme Court departed from its previous mechanism for determining property damage under the "integrated systems analysis" and found the insurers were not entitled to summary judgment as determined by the trial court. 5 Walworth, LLC v. Engerman Contracting, Inc., 2023 Wis. LEXIS 152 (Wis. June 20, 2023). 5 Walworth LLC hired Engerman as general contractor to construct a swimming pool complex. Engerman subcontracted with Downes Swimming Pool Co., Inc. to construct the pool complex. Otto Jacobs supplied Downes with a ready-mixed concrete called shotcrete, commonly used in swimming poll construction. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Construction Litigation Roundup: “Tender Is the Fight”

August 21, 2023 — Daniel Lund III - Lexology
A performance bond surety for a defaulted general contractor principal found itself with a recalcitrant owner which refused to accept the tender of a replacement general contractor to complete a $3,000,000 construction project in Monmouth County, New Jersey. Even before the original GC was off the job, the surety – having been notified of the contractor’s difficulties in performing the work – stepped in promptly, providing assistance in the form of an additional contractor. At the surety’s behest, that additional contractor remained on the project (focused principally at the time on roof repairs) after the initial GC was placed in default and terminated. Eventually, the surety, by draft tender agreement issued to the owner, offered that the additional contractor serve as the completion contractor for the entire project (not simply the roof repairs), a proposal rejected by the owner – which had never cared for the additional contractor. Instead, the owner proposed its own completion contractor and, in connection with that offer, demanded a sum of money ($1.6 million) from the surety – a proposal the surety rejected: “[Owner] cannot choose whatever contractor it wants to complete the work and then charge the costs to [the surety]." Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

The 411 on the New 415 Location of the Golden State Warriors

June 10, 2015 — Garret Murai – California Construction Law Blog
You can feel the buzz here in the Bay Area as the Golden State Warriors enter Game 4 of the NBA Playoffs following a 35 point upset over the Houston Rockets on Saturday, and a chance tonight to sweep the series and head to the NBA Finals for the first time since 1975. Formerly the Philadelphia Warriors from 1946 to 1962, and later the San Francisco Warriors from 1962 to 1971, the Golden State Warriors have played in Oakland’s currently named Oracle Arena since 1966 (except for one year when they played in San Jose while the Oracle Arena was being remodeled). Starting next year, however, construction will begin on the Warriors’ new stadium in the Mission Bay area of San Francisco with completion scheduled for the 2018-2019 season. Although details are just emerging – and even the conceptual plans have changed after some said that the initial design looked like a toilet – here’s the 411 we know on the new 415 location of the Warriors:

The cost of the new arena is estimated to be $1 billion.

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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Curtain Wall Suppliers Claim Rival Duplicated Unique System

February 28, 2022 — Annemarie Mannion - Engineering News-Record
Chicago-area construction material suppliers that hold patents for a curtain wall system used in high-rise construction projects are suing a rival, claiming it created a knock-off of the system based on a former employee’s knowledge and put the system to use on construction projects. Reprinted courtesy of Annemarie Mannion, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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California Condo Architects Not Liable for Construction Defects?

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
Law360 reported that attorneys for the architects of a San Francisco, California condominium complex told the California Supreme Court that the designers “can’t be held liable for construction defects that caused units to overheat” and urged “the panel to reverse a lower court's ruling that the architects owed a duty of care to the condos’ buyers.” The California appeals court ruling was based on California’s Right to Repair Act, however, “that law doesn’t apply to condo conversions.” The architects argued that since Beacon was “designed and originally rolled out as rental apartments before the units were sold as condos” the Right to Repair Act doesn’t apply. However, Beacon Residential Community Association’s attorney Robert Riggs of Katzoff & Riggs “argued that the architects had a ‘cradle to grave’ involvement in the development of the Beacon.” Riggs stated, “They designed a very large building with essentially no ventilation system, along with windows that don't open.” According to Law360, “[t]he justices took the arguments under submission and did not indicate which way they would rule.” Read the court decision
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The Heat Is On

June 13, 2022 — Christopher Durso - Construction Executive
Every year, NASA and the National Oceanic and Atmospheric Administration (NOAA) team up to assess global temperatures and climate trends. (Yes, that NASA. A big part of the space agency’s mission is focused on Earth science, with the goal of better understanding the planet’s interconnected systems.) The two groups released their findings for 2021 this past January, with several predictably alarming highlights:

2021 was the sixth-warmest year on record, with the average global surface temperature about 1.5°F over the 20th-century baseline periods that the agencies use for comparison and nearly 2°F higher than in the late-19th century.
The surface temperature in the Northern Hemisphere was also the sixth-highest on record, at nearly 2°F over baseline, with the land temperature exceeding the baseline by 2.8°F.
Extreme climate events included an above-average Atlantic hurricane season, with 21 storms, and a severe heat wave in the northwestern United States and western Canada in June during which Canada recorded its highest temperature ever, at 121°F.

Reprinted courtesy of Christopher Durso, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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