Cambridge Massachusetts Building Expert Directory

LA Wildfires Push California Insurance Market to Its Limit

January 14, 2025 — Leslie Kaufman, Lauren Rosenthal, Michelle Ma & Alexandre Rajbhandari - Bloomberg
If you live in California, you’re always bracing for the Big One. This week it arrived in the form of uncontrollable flames. Liability experts equipped with climate models had been uneasily eyeing such a scenario, realizing in recent years that wildfire now had similar system-crashing potential as a major earthquake to upend lives and destabilize California’s $10 trillion residential property market. A group convened to examine worst-case scenarios determined that three specific areas in the state were particularly vulnerable and capable of causing far-reaching fallout. One was Pacific Palisades, the Los Angeles neighborhood reduced to ashes this week by one of at least five fires burning across the city. Reprinted courtesy of Leslie Kaufman, Bloomberg, Lauren Rosenthal, Bloomberg, Michelle Ma, Bloomberg and Alexandre Rajbhandari, Bloomberg Read the court decision
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No Coverage for Construction Defect Claim Only Impacting Insured's Work

January 08, 2024 — Tred R. Eyerly - Insurance Law Hawaii
In a coverage dispute between two insurers over a claim for damages caused by faulty workmanship, the court found there was no right to equitable contribution or indemnity. Travelers Prop. Cas. Co. of Am. v. Mallcraft, Inc., 2023 Cal. Super. LEXIS 67568 (Cal. Super. Ct. Sept. 15, 2023). Mallcraft was the general contractor for a building project and was sued for construction defects. Travelers was an additional insured under a policy issued to a subcontractor, KitCor. Travelers defended Mallcraft in an arbitration. Travelers sought equitable contribution and equitable indemnity from Hartford, Mallcraft's insurer. Mallcraft and Travelers stiulated to a judgment agianst Mallcraft for all costs Travelers incurred in the arbitration. Travelers' insured, KitCor, was not implicated in the construction defect claims against Mallcraft. The judgment set forth findings, including the fact that the underlying plaintiff never made any claim that KitCor perfomred work on the project or casued property damage. 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

A Year-End Review of the Environmental Regulatory Landscape

January 11, 2022 — Anne Idsal Austin & Joel Simon - Gravel2Gavel Construction & Real Estate Law Blog
Our guest today is Anne Idsal Austin, a nationally recognized environmental lawyer who has held several high-profile federal and state regulatory roles. As a partner who recently joined Pillsbury’s environmental and natural resources practice, she provides strategic consulting and policy advice, helping clients navigate the dynamic regulatory and legal waters in an era of energy transition, decarbonization and an emphasis on ESG principles. Prior to joining Pillsbury, Anne was the Principal Deputy Assistant Administrator for the U.S. Environmental Protection Agency’s Office of Air and Radiation, known as OAR or OAR, where she had primary oversight over United States clean air policy and regulation. Prior to that, she served as the EPA regional administrator for Region 6, overseeing all federal environmental programs in Texas, Louisiana, New Mexico, Oklahoma and Arkansas. Prior to joining EPA, Anne held several positions where she shaped environmental and energy policy at the highest levels of government in the state of Texas. Welcome to our podcast, Anne. Anne Austin: Thanks so much. It’s great to be here today, Joel. Joel Simon: Anne, I’m really excited for this chance to speak with you because there’s so much going on at the federal environmental policy level, and it would be great to have someone really knowledgeable present this to us in an organized fashion. So with that minor task ahead of you, could you start us off with a brief overview of the environmental regulatory landscape? Reprinted courtesy of Anne Idsal Austin, Pillsbury and Joel Simon, Pillsbury Ms. Austin may be contacted at anne.austin@pillsburylaw.com Mr. Simon may be contacted at joel.simon@pillsburylaw.com Read the court decision
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Contractor Given a Wake-Up Call for Using a "Sham" RMO/RME

October 02, 2015 — Steven M. Cvitanovic & David A. Harris – Haight Brown & Bonesteel LLP
Two weeks ago we wrote about a disgorgement case winding its way through the courts where a contractor who let its license lapse after assigning its contract to a related but properly licensed entity was still facing disgorgement of the entire contract amount. Judicial Council of California v. Jacobs Facilities, Inc. (Ct. of Appeal, 1st App. Dis., Div. One, A140890, A141393.) Now another disgorgement case, Jeff Tracy, Inc. v. City of Pico Rivera (Ct. of Appeal, 2nd App. District, Div. 2, B258563), shows the risk of not having a genuine RMO/RME. The consequences of disgorgement are potentially devastating and would certainly cause some contractors to go belly-up. The good news for the contractor in this particular case is that the Court of Appeal reversed the trial court. The bad news for the contractor is that damaging facts were revealed during the process of the court trial that will make a victory very difficult to pull off. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and David A. Harris, Haight Brown & Bonesteel LLP Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com Mr. Harris may be contacted at dharris@hbblaw.com Read the court decision
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Carrier Has Duty to Defend Claim for Active Malfunction of Product

October 19, 2020 — Tred R. Eyerly - Insurance Law Hawaii
Rejecting that the underlying claim was based solely on faulty workmanship, the Third Circuit held the insurer had a duty to defend allegations of a malfunctioning product. Nautilus Ins. Co. v. 200 Christina Street Partners LLC, 2020 U.S. App. LEXIS 22118 (3d Cir. July 16, 2020). The insureds were sued by homeowners in two separate suits alleging defects in the construction of their homes. Nautilus defended under a reservation of rights. Nautilus filed suit in District Court and moved for judgment on the pleadings. The District Court denied the motion, finding Nautilus had a duty to defend because the underlying claims sufficiently alleged product--related tort clams that could fall within the scope of coverage under the relevant policies. The Third Circuit affirmed. There was a distinction between a claim of faulty workmanship, for which the insurer did not have a duty to defend, and a claim of "active malfunction" of a product, for which an insurer did have such a duty. An active malfunction was sufficiently fortuitous as to constitute an "occurrence." 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

John O’Meara is Selected as America’s Top 100 Civil Defense Litigators

December 02, 2019 — John O'Meara - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partner John V. O’Meara has been selected as a member of America’s Top 100 Civil Defense Litigators. This invitation resulted from a national selection process and is intended to honor the best defense attorneys in the Country. Mr. O’Meara was selected to join a group of lawyers which include past and current state bar presidents, national ABOTA Presidents, ABOTA Masters in Trial and International Academy of Trial Lawyer presidents. Read the court decision
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Reprinted courtesy of John O'Meara, Bremer Whyte Brown & O'Meara, LLP
Mr. O'Meara may be contacted at jomeara@bremerwhyte.com

Brookfield to Start Manhattan Tower After Signing Skadden

April 15, 2015 — David M. Levitt – Bloomberg
Brookfield Property Partners LP said it will start building its 1 Manhattan West office tower, after signing a lease with the law firm Skadden, Arps, Slate, Meagher & Flom LLP for about a quarter of the skyscraper. The agreement, announced Tuesday in a statement by New York-based Brookfield, jump-starts office construction at the 7 million-square-foot (650,000-square-meter) Manhattan West project, part of an effort to draw the Midtown business district west toward toward the Hudson River. It’s another step in the plan to remake the once-industrial Hudson Yards area into a neighborhood for housing and commerce, with office tenants including Coach Inc. and Time Warner Inc. and stores such as the city’s first Neiman Marcus. The Skadden law firm agreed to a 20-year lease for 550,000 square feet on floors 28 to 43 of the 67-story tower. Read the court decision
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Reprinted courtesy of David M. Levitt, Bloomberg

White and Williams Recognizes Women’s History Month: Remembering Virginia Barton Wallace

April 08, 2024 — White and Williams LLP
March is Women’s History Month – a month dedicated to the accomplishments and history of women in the United States. The theme for International Women’s Day, which is this Thursday March 7, is “Inspire Inclusion.” White and Williams LLP is dedicated to understanding, valuing and inspiring inclusion in the field of law White and Williams is proud of the women who have become leaders in the firm’s history, starting with Virginia “Ginny” Barton Wallace, an extraordinarily accomplished pioneer among female attorneys. She joined the firm immediately after graduating from University of Pennsylvania School of Law in 1950, and in 1961, Ginny became the first woman to become the first female partner not only at White and Williams but also at any law firm in Philadelphia. Read the court decision
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Reprinted courtesy of White and Williams LLP

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