Cambridge Massachusetts Building Expert Directory

New Rule Prohibits Use of Funds For Certain DoD Construction and Infrastructure Programs and Projects

May 30, 2018 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
Recently, our colleagues Glenn Sweatt and Alex Ginsberg published their Client Alert titled DFARS Clause Blocks Funding for Unsafe Projects in Afghanistan, Recently published regulation implements the FY17 NDAA to prohibit use of funds for DoD construction and infrastructure programs and projects in Afghanistan that cannot be safely accessed by U.S. Government personnel. Takeaways include:

New rule prevents Government contracting officers from funding projects that are not able to be safely accessed by Government civilian or military personnel, as these may pose an increased risk of fraud, corruption or waste, or lack efficient oversight.

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Legislative Changes that Impact Construction 2017

May 10, 2017 — Christopher G. Hill - Construction Law Musings
Well, the Virginia General Assembly has finished its yearly run through the legislative process and this year there are a few highlights for those of us in the construction industry. It is always interesting to see what issues are the big ones that get a lot of attention. This year the changes impacted public procurement, VOSH fines, and employment of unlicensed individuals on a job site. These changes to the various statutes that impact the day to day operation of the construction industry in Virginia will go into effect on July 1, 2017. 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

Quick Note: Expert Testimony – Back to the Frye Test in Florida

December 19, 2018 — David Adelstein - Florida Construction Legal Updates
Expert testimony (opinions) – very important testimony in construction disputes. Whether it is a delay claim, an inefficiency claim, a defect claim, etc., expert testimony plays an invaluable role in construction disputes. Construction attorneys work closely with expert witnesses to ensure that an expert helps render an opinion to support their client’s burden of proof (including damages) or an affirmative defense. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Improper Means Exception and Tortious Interference Claims

August 14, 2023 — David Adelstein - Florida Construction Legal Updates
Last week, I discussed a case (here) that involved a federal district court (trial court) denying a motion to dismiss on a negligent supervision claim. In this same case, the plaintiff, a subcontractor/fabricator, also sued the defendants–parent company of a prime contractor and two entities the prime contractor hired to inspect the subcontractor’s fabricated units–for tortious interference of the subcontractor’s contract with the prime contractor. The defendants moved to dismiss this tortious interference claim which gave rise to another interesting discussion by the trial court relating to the burden to plead and prove tortious interference claims. This discussion is worthy to remember the next time you not only want to plead a tortious interference claim, but want to be in a position to put on evidence to prove the claim at trial.

“Under Florida law, the elements of a tortious-interference-with-contract claim are: ‘(1) the existence of a contract, (2) the defendant’s knowledge of the contract, (3) the defendant’s intentional procurement of the contract’s breach, (4) absence of any justification or privilege, and (5) damages resulting from the breach.’” Bautech USA, Inc. v. Resolve Equipment, 2023 WL 4186395 (S.D.Fla. 2023) (citation omitted).

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

20 Wilke Fleury Attorneys Featured in Sacramento Magazine 2020 Top Lawyers!

August 24, 2020 — Wilke Fleury
Congratulations to Wilke Fleury’s featured attorneys who made the Sacramento Magazine’s Top Lawyer List for 2020! Each attorney has been awarded an accolade in the following practice areas: Kathryne Baldwin – Insurance Dan Baxter – Business Litigation & Government Contracts Adriana Cervantes – Medical Malpractice Heather Claus – Health Care Aaron Claxton – Health Care Dan Egan – Bankruptcy and Creditor/Debtor Samson Elsbernd – Employment & Labor Danny Foster – Litigation Insurance David Frenznick – Construction & Construction Litigation George Guthrie – Real Estate & Construction Litigation Ron Lamb – Medical Malpractice Neal Lutterman – Medical Malpractice Steve Marmaduke – Business/Corporate & Real Estate Gene Pendergast – Estate Planning & Probate Mike Polis – Health Care Matthew Powell – Business Litigation Bianca Samuel – Employment & Labor Shannon Smith-Crowley – Legislative & Governmental Affairs Spencer Turpen – Medical Malpractice Steve Williamson – Business Litigation & Bankruptcy and Creditor/Debtor Read the court decision
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Reprinted courtesy of Wilke Fleury

No Coverage for Defects in Subcontrator's Own Work

February 11, 2019 — Tred R. Eyerly - Insurance Law Hawaii
Damage to the concrete floor installed by the insured subcontractor was not property damage and thus not covered under the insured's CGL policy. Kalman Floor Co. v. Old Republic Gen. Ins. Corp., 2019 U.S. Dist. LEXIS 3319 (D. Colo Jan. 8, 2019). In 2007, Kalman Floor Co. was subcontracted to construct over 158,000 square feet of concrete flooring for a cold storage facility. The concrete floor was completed in late 2008. In late 2009, the contractor notified Kalman that pockmarks, or "pop-outs," were visible on the concrete flooring. The only damage to tangible property in the facility caused by the pop-outs was the concrete flooring itself. On January 31, 2009, Old Republic issued a general liability policy to Kalman for one year. The policy excluded for damage to "your work," defined as "work or operations performed by you or on your behalf." Old Republic denied coverage for damage to the concrete floor. Kalman sued, seeking a declaration that the exclusions did not bar coverage. 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

When Subcontractors Sue Only the Surety on Payment Bond and Tips for General Contractors

August 13, 2019 — Ira M. Schulman & Emily D. Anderson - ConsensusDocs
Payment bonds have been a staple of public construction projects since 1874, when the U.S. Congress first passed the Heard Act, which required that contractors obtain payment bonds for public projects to ensure that subcontractors and material suppliers have a way to recover their damages if an upstream contractor fails to pay for work performed and materials furnished on the project. The 1874 Heard Act has since been replaced by the 1935 Miller Act, and the concept has been expanded to construction projects funded by the states through state statutes known as “Little Miller Acts.” But the structure remains the same: On most public projects where the project’s cost exceeds $100,000, the prime contractor (the bond principal) is required to obtain a payment bond from a surety equal to the contract price to guarantee to subcontractors and material suppliers (the bond obligees) that the surety will pay for labor and materials under certain statutory or contractual conditions should the contractor fail to make payment. A surety is jointly and severally liable with the contractor to the subcontractor, which means that the subcontractor may seek recovery against either the contractor or the surety or both, and the contractor and surety will be liable for the damages together. Put another way, in most states and in federal court, an unpaid subcontractor has the right to sue only the surety on the payment bond without joining the contractor because a contract of suretyship is a direct liability of the surety to the subcontractor.1 When the contractor fails to perform, the surety becomes directly responsible at once — it is unnecessary for the subcontractor to establish that the contractor failed to carry out its contract before the obligation of the surety becomes absolute. Reprinted courtesy of Ira M. Schulman, Pepper Hamilton LLP and Emily D. Anderson, Pepper Hamilton LLP Mr. Schulman may be contacted at schulmani@pepperlaw.com Ms. Anderson may be contacted at andersone@pepperlaw.com Read the court decision
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Sometimes you Need to Consider the Coblentz Agreement

January 19, 2017 — David Adelstein – Florida Construction Legal Updates
Since insurance, particularly liability insurance, is such an important component when it comes a construction project, understanding certain nuances such as a Coblentz Agreement (a what kind of agreement agreement?!?—keep reading) becomes helpful. If there is a construction defect claim / lawsuit, the implicated parties (e.g., contractor, design professional, subcontractor, sub-consultants) are going to tender the claim / lawsuit to their respective liability insurer. This is what they should be doing – notifying the insurer so that the insurer can defend them from the claim / lawsuit and indemnify them from covered damages associated with the claim / lawsuit. 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

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