CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Nevada Assembly Sends Construction Defect Bill to Senate

June 06, 2011 — CDJ STAFF

In a 26 to 16 vote, the Nevada Assembly has passed Assembly Bill 401, which extends the time limit for legal action over home construction defects. According to the Las Vegas Sun, Assembly member Marcus Conklin, Democrat of Las Vegas, said the bill was about “keeping the consumer whole.” However, Ira Hansen, Republican of Sparks, told the sun that suits are happening before contractors can make repairs. The bill would allow attorney fees even if repairs are made.



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Predicting Our Future with Andrew Weinreich

May 03, 2017 — Aarni Heiskanen - AEC Business
In this podcast episode, my guest is Andrew Weinreich. We talk about the future of homebuilding against the backdrop of Andrew’s new podcast Predicting Our Future. Is construction ripe for disruption? Andrew believes that homebuilding is much closer to a tipping point than ever before. In this interview, he explains why. “In the United States, modular construction significantly lags behind what we see elsewhere around the world,” Andrew reminds. “When everything you can imagine today, from the paperclip to your smartphone is made in a factory, why is it that -certainly in this country- we associate homes made in factory with the lowest of low end homes.” “The first question is: why is that? And the second question is: could that change? Could we be on the precipice of looking at the next Tesla; not for car-building, but for homebuilding.” Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

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Harborside Condo Construction Defect Settlement Moves Forward

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
The Harborside Condominium Owners Association in Bremerton, Washington, “has an agreement to pursue $2.8 million in settlement costs for construction defects,” according to the Kitsap Peninsula Business Journal. Back in March of 2013, the association “filed a list of defects in its lawsuit against Kitsap County Consolidated Housing Authority [Housing Kitsap]” including water issues, drywall and foundation cracks, uneven cabinets, leaking showers and pipes, as well as other issues. Housing Kitsap agreed that the association “has the right to pursue a settlement of $2.8 million from the authority’s contractors and insurance companies.” Marlyn Hawkins, the association’s attorney, stated that they have already received a payment for $840,000 from the insurance company “and will be negotiating or filing suit for the rest of the $2.8 million.” Read the court decision
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Arizona Purchaser Dwelling Actions Are Subject to a New Construction

September 04, 2019 — William L. Doerler - The Subrogation Strategist
Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural requirements and limit a subcontractor’s indemnity exposure. The governor signed the bill—2019 Ariz. SB 1271—on April 10, 2019, and the changes go into effect and apply, retroactively “to from and after June 30, 2019.” The following discussion details some of the changes to the law. Notice to Contractors and Proportional Liability Under the revised law, a “Seller” who receives notice of a Purchaser Dwelling Action (PDA) from a residential dwelling purchaser pursuant to A.R.S. § 12-1363* has to promptly forward the notice to all construction professionals—i.e. architects, contractors, subcontractors, etc., as defined in A.R.S. § 12-1361(5)—that the Seller reasonably believes are responsible for an alleged construction defect. A.R.S. § 12-1363(A). Sellers can deliver the notice by electronic means. Once construction professionals are placed on notice, they have the same right to inspect, test and repair the property as the Seller originally placed on notice. A.R.S. § 12-1362(B), (C). To the extent that the matter ultimately goes to suit, A.R.S. § 12-1632(D) dictates that, subject to Arizona Rules of Court, construction professionals “shall be joined as third-party defendants.” To establish liability, the purchaser has the burden of proving the existence of a construction defect and the amount of damages. Thereafter, the trier of fact determines each defendant’s or third-party defendant’s relative degree of fault and allocates the pro rata share of liability to each based on their relative degree of fault. However, the seller, not the purchaser, has the burden of proving the pro rata share of liability for any third-party defendant. A.R.S. § 12-1632(D). Read the court decision
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Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

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Wildfire Smoke Threatens to Wipe Out Decades of Air Pollution Progress

August 28, 2023 — Linda Poon & Immanual John Milton - Bloomberg
The US is on track to experience its worst year for smoke exposure in decades, after wildfires in Canada sent toxic plumes drifting across the border to the Midwest and the East Coast earlier this summer. In June and July, New York and Chicago saw more “very unhealthy” and “hazardous” air quality days for fine particle pollution (PM2.5) than in the same months every year since the Environmental Protection Agency began tracking PM2.5 nationally in 2000, a Bloomberg CityLab analysis of federal data found. In Washington, DC, the number of “very unhealthy” days reached the highest in over a decade. On the EPA’s air quality index scale, these days correspond with the highest levels of public health concern. Extensive exposure to PM2.5 particles, the main pollutant found in smoke, can increase the risk of a variety of problems, including heart and respiratory disease, as well as premature death. Reprinted courtesy of Linda Poon, Bloomberg and Immanual John Milton, Bloomberg Read the court decision
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Drones Used Despite Uncertain Legal Consequences

March 12, 2015 — Beverley BevenFlorez-CDJ STAFF
Francis Manchisi of Wilson Elser discussed how several industries—including construction—are using unmanned aircraft systems or unmanned aerial vehicles, commonly referred to as drones, and are either exploiting legal loopholes or ignoring laws altogether. The Federal Aviation Administration (FAA) has recently released a Notice of Proposed Rulemaking, which is now in a 60-day “notice and comment” period that is open to the public. Once that period ends, the FAA will consider the comments before putting the rules into law. According to Manchisi, the proposed rules include:

• Unmanned aircraft must weigh less than 55 lbs. (25 kg).
• Unmanned aircraft must remain within visual line of sight (VLOS) of the operator or visual observer.
• Maximum altitude is 500 feet above ground level.
• Preflight inspection by the operator is required.
• Operators are required to obtain an unmanned aircraft operator certificate with a sUAS rating from the FAA.

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Insurer Awarded Summary Judgment on Collapse Claim

January 06, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The Eleventh Circuit agreed with the insurer that there was no coverage for a collapse under the policy. S.O. Beach Corp. v. Great Am. Ins. Co.,2019 U.S. App. LEXIS 32569 (11th Cir. Oct. 31, 2019). S.O. Beach Corporation and Larios on the Beach, Inc ("Larios") owned a building in Miami Beach. Sometime between march 4, 2012 and April 10, 2013, Larios discovered that parts of the first three floors of its building had caved in to varying degrees. The primary cause of the collapse was a wooden support beam that had severely rotted. Larios found a broken pipe that was gushing water onto the beam, causing deterioration. Larios was forced to evacuate the building until the damage was repaired. Larios submitted a claim under its all-risk policy with Great American. The policy required that a collapse an "abrupt falling down or caving in of a building or any part of a building" to be covered. Before a coverage decision was made, Larios sued for breach of contract. The parties filed cross-motions for summary judgment. The district court granted Great American's motion and denied Larios' motion. 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

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Rich NYC Suburbs Fight Housing Plan They Say Will ‘Destroy’ Them

May 15, 2023 — Laura Nahmias & Skylar Woodhouse - Bloomberg
One town calls it a “power grab” that “will force Long Island to become the sixth borough of New York City.” Another warns it will “destroy” life as they know it. A third calls it “radical, unprecedented and a drastic departure” from how localities have governed themselves for decades. Across the state, but especially around the wealthy suburbs of New York City and Long Island, politicians and residents are sounding the alarm about Governor Kathy Hochul’s plan to address a housing crisis. To some policy experts and supporters, it’s the most politically ambitious program of its type in years, a rare act of courage in Albany, where incrementalism is king. Others see it as the policy equivalent of an extinction-level event and a bizarrely self-defeating move from a governor who risks permanently alienating the suburban voters she’ll need to win reelection in three years. Reprinted courtesy of Laura Nahmias, Bloomberg and Skylar Woodhouse, Bloomberg Read the court decision
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