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    Current Law Summary: Case law precedent


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    No state license required for general contracting. Licensure required for plumbing and electrical trades. Companies selling home repair services must be registered with the state.


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    Association Directory
    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


    Payment Bond Claim Notice Requires More than Mailing

    Contractual Assumption of Liability Does Not Bar Coverage

    The Enforceability of “Pay-If-Paid” Provisions Affirmed in New Jersey

    NJ Court Reaffirms Rule Against Coverage for Faulty Workmanship Claims and Finds Fraud Claims Inherently Intentional

    A Discussion on Home Affordability

    Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court

    Georgia Supreme Court Addresses Anti-Indemnity Statute

    Real Estate & Construction News Round-Up (05/11/22)

    Tetra Tech-U.S. Cleanup Dispute in San Francisco Grows

    Illinois Supreme Court Holds that Constructions Defects May Constitute “Property Damage” Caused By An “Occurrence” Under Standard CGL Policy, Overruling Prior Appellate Court Precedent

    2024 Update to CEB’s Mechanics Liens Now Available

    Policy Language Matters: New Jersey Court Bars Cleanup Coverage Under Broad Policy Terms

    Enforceability of Contract Provisions Extending Liquidated Damages Beyond Substantial Completion

    Jason Smith and Teddie Arnold Co-Author Updated “United States – Construction” Chapter in 2024 Legal 500: Country Comparative Guides

    A Subcontractor’s Perspective On California’s Recent Changes to Indemnity Provisions

    San Francisco OKs Revamped Settling Millennium Tower Fix

    In Florida, Component Parts of an Improvement to Real Property are Subject to the Statute of Repose for Products Liability Claims

    No Coverage Based Upon Your Prior Work Exclusion

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

    Reversing Itself, West Virginia Supreme Court Holds Construction Defects Are Covered

    London Is Falling Down and It's Because of Climate Change

    Colorado Mayors Should Not Sacrifice Homeowners to Lure Condo Developers

    Examination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction Theory

    Homebuilders Leading U.S. Consumer Stocks: EcoPulse

    Irvine Partner Cinnamon J. Carr and Associate Brittney H. Aquino Prevail on Summary Judgment

    Update: New VOSH Maximum Penalties as of July 1

    New Jersey Law Firm Sued for Malpractice in Construction Defect Litigation

    Eleventh Circuit Set to Hear Challenge to Florida Law Barring Foreign Citizens From Buying Real Property

    If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects

    A Few Green Building Notes

    Las Vegas Student Housing Developer Will Name Replacement Contractor

    Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona

    Hiring Subcontractors with Workers Compensation Insurance

    As Laura Wreaks Havoc Along The Gulf, Is Your Insurance Ready to Respond?

    As Climate Changes, 'Underwater Mortgage' May Take on New Meaning

    Insurer's Motion in Limine to Dismiss Case for Lack of Expert Denied

    Lawsuit Decries Environmental Assessment for Buffalo, NY, Expressway Cap Project

    Florida Governor Bans Foreign Citizens From Buying Land in Florida

    A Bill for an Act Concerning Workers’ Compensation – 2014 Edition

    Time to Reform Construction Defect Law in Nevada

    The New “White Collar” Exemption Regulations

    Augmented and Mixed Reality in Construction

    A Primer on Suspension and Debarment for Federal Construction Projects

    To Bee or Not to Bee - CA Court Finds Denial of Coverage Based on Exclusion was Premature Where Facts had not been Judicially Determined

    The Starter Apartment Is Nearly Extinct in San Francisco and New York

    Steps to Defending against Construction Defect Lawsuits

    Drought Dogs Developers in California's Soaring Housing Market

    Editorial: Qatar Is Champion of Safety Hypocrisy in Migrant Worker Deaths

    Building Resiliency: Withstanding Wildfires and Other Natural Disasters

    Real Protection for Real Estate Assets: Court Ruling Reinforces Importance of D&O Insurance
    Corporate Profile

    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

    Editorial: Qatar Is Champion of Safety Hypocrisy in Migrant Worker Deaths

    December 26, 2022 —
    Once the World Cup soccer tournament concludes, decency dictates that someone should put a wrecking ball to Qatar’s Al Bayt and Lusail stadiums, where the opening ceremonies and matches were held. There’s no polite way to say it: bulldozing the World Cup sports facilities is the only way to amplify to the world the cost in migrant construction workers lives in all that was constructed. Reprinted courtesy of ENR Editorial Board, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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    Renters Who Bought Cannot Sue for Construction Defects

    October 08, 2013 —
    A Wisconsin couple that leased then bought a home cannot sue the couple that built the home for construction defects. The court rejected the claims made by Niksa and Kelly Ivancevic that the sellers, Ronald and Debra Reagan, had breached contract or that the contract represented a mutual mistake. The Ivancevics initially leased the home, with an agreement that said the house would be “delivered in clean condition and good repair, free of mold and toxic substances, suitable for habitation in compliance with all laws.” Before the purchase, no defects were found. After the purchase, the Ivancevics had problems with the air conditioning, leading to water leaks on the second floor. The court found that the actual sales contract did not guarantee a defect-free residence. Therefore the Ivancevic’s claim of a mutual mistake, in which “both parties of a contact are unaware of the existence of a past or present fact material to their agreement” did not apply, since the presence of construction defects was not “material to their agreement.” Read the court decision
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    Improper Means Exception and Tortious Interference Claims

    August 14, 2023 —
    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

    Congratulations to Partner Nicole Whyte on Being Chosen to Receive The 2024 ADL’s Marcus Kaufman Jurisprudence Award

    May 28, 2024 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce Founder/CEO Nicole Whyte has been chosen by the Orange County/Long Beach region of the Anti-Defamation League (“ADL”) to receive the 2024 ADL’s Marcus Kaufman Jurisprudence Award. The ADL annual Jurisprudence Dinner, at which Nicole will be honored along with the Hon. Kirk Nakamura (retired) and Michael Ermer, will be held on Thursday, September 19, 2024, at the Turnip Rose Promenade in Costa Mesa. Congratulations to Nicole for her lifetime of service not only to Bremer Whyte Brown & O’Meara, LLP but also to the larger community. Immediate past recipients include Brian Farrell, the Hon. Glenda Sanders (retired), and Eric Trout. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Design Immunity Defense Gets Special Treatment on Summary Judgment

    March 29, 2021 —
    This may be one that is more for the lawyers than it is for the contractors or owners. If you’ve ever filed a motion for summary judgment or summary adjudication you know the standard is clear. You’re going to lose if the court finds a disputed issue of material fact. In other words, since summary judgment or summary adjudication is such an extreme remedy – you win without having to go to trial after all – the standard is pretty high. Thus, if there’s a dispute as to a material fact (was the light green or was it red?) it’s enough that the court will deny your motion. That is, unless you’re seeking summary judgment or adjudication on a design immunity defense as the next case, Menges v. Department of Transportation, Case No. G057643 (December 24, 2020), reveals. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law Firms by Construction Executive

    June 20, 2022 —
    ACS is proud to announce it has once again been ranked among The Top 50 Construction Law FirmsTM in the Construction Executive 2022 rankings. ACS is the highest ranked law firm in the US practicing out of a single office. ACS specializes in delivering the highest quality construction law services. ACS prides itself on providing excellent services to clients in matters relating to contract documents, construction dispute resolution, and government contracts. If resolution efforts fail, ACS has the experience and ability to represent clients in high-stakes litigation. Since 2018, ACS has obtained three significant jury verdicts in favor of its general contractor clients, including awards of prevailing party attorneys’ fees and costs and expenses. Founded in 2007, ACS’ vast knowledge and industry experience led our lawyers to hold many leadership positions. Three of our lawyers are past chairs of the Washington State Bar Association’s Construction Law Section, five of our lawyers have served as the Chair of the Associated General Contractors of Washington’s Legal Affairs Committee, and many of our lawyers are recognized as Super Lawyers and Rising Stars in Super Lawyers Magazine/Thomson Reuters. We have represented construction firms before the Supreme Court and the Court of Appeals in numerous precedent-setting cases, and have testified before the Legislature. ACS’ commitment to the construction industry shows in our results. Read the court decision
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    Reprinted courtesy of Scott R. Sleight, Ahlers Cressman & Sleight PLLC
    Mr. Sleight may be contacted at scott.sleight@acslawyers.com

    Construction Defects Lead to Demolition

    May 26, 2011 —

    Ten years after it was built, demolition of Seattle’s McGuire Building has begun, as Jeanne Lang Jones reports in the Puget Sound Business Journal. Construction defects had rendered the 25-story apartment building uninhabitable. The major problem was corroded steel cabling. According to the report, “the building’s owners reached an undisclosed settlement last year with St. Louis-based contractor McCarthy Building Companies.”

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    The Washington Supreme Court Rules that a Holder of a Certificate of Insurance Is Entitled to Coverage

    March 09, 2020 —
    The Washington courts have historically found that the purpose of a certificate of insurance is to advise others as to the existence of insurance, but that a certificate is not the equivalent of an insurance policy. However, the Washington State Supreme Court recently held that, under certain circumstances, an insurer may be bound by the representations that its insurance agent makes in a certificate of insurance as to the additional insured (“AI”) status of a third party. Specifically, in T-Mobile USA, Inc. v. Selective Ins. Co. of America, the Supreme Court found that where an insurance agent had erroneously indicated in a certificate of insurance that an entity was an AI under a liability policy, that entity would be considered as an AI based upon the agent’s apparent authority, despite boilerplate disclaimer language contained in the certificate. T-Mobile USA, Inc. v. Selective Ins. Co. of America, Slip. Op. No. 96500-5, 2019 WL 5076647 (Wash. Oct. 10, 2019). In this case, Selective Insurance Company of America (“Selective”) issued a liability policy to a contractor who had been retained by T-Mobile Northeast (“T-Mobile NE”) to construct a cell tower. The policy conferred AI status to a third party if the insured-contractor had agreed in a written contract to add the third party as an AI to the policy. Under the terms of the subject construction contract, the contractor was required to name T-Mobile NE as an AI under the policy. T-Mobile NE was therefore properly considered as an AI because the contractor was required to provide AI coverage to T-Mobile NE under the terms of their contract. However, over the course of approximately seven years, Selective’s own insurance agent issued a series of certificates of insurance that erroneously identified a different company, “T-Mobile USA”, as an AI under the policy. This was in error because there was no contractual requirement that T-Mobile USA be added as an AI. Nonetheless, the certificates stated that T-Mobile USA was an AI, and they were signed by the agent as Selective’s “authorized representative.” Reprinted courtesy of Sally S. Kim, Gordon & Rees and Kyle J. Silk-Eglit, Gordon & Rees Ms. Kim may be contacted at sallykim@grsm.com Mr. Silk-Eglit may be contacted at ksilkeglit@grsm.com Read the court decision
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