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    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


    What Counts as Adequate Opportunity to Cure?

    Being deposed—not just for dictators! Depositions in the construction lawsuit (Law & Order: Hard Hat files Part 5)

    Misread of Other Insurance Clause Becomes Costly for Insurer

    Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test

    Suppliers Must Also Heed “Right to Repair” Claims

    Denver Passed the Inclusionary Housing Ordinance

    Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

    Fires, Hurricanes, Dangerous Heat: The US Is Reeling From a String of Disasters

    Shifting Fees and Costs in Nevada Construction Defect Cases

    Endorsement Excludes Replacement of Undamaged Property with Matching Materials

    Recovering Time and Costs from Hurricane Helene: Force Majeure Solutions for Contractors

    Umbrella Policy Must Drop Down to Assist with Defense

    Jury Awards 20 Million Verdict Against Bishop Abbey Homes

    An Overview of the New EPA HVAC Refrigerant Regulations and Its Implications for the Construction Industry

    Portions of Policyholder's Expert's Opinions Excluded

    AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

    Insurer's Appeal of Jury Verdict Rejected by Tenth Circuit

    Appellate Team Secures Victory in North Carolina Governmental Immunity Personal Injury Matter

    Construction Firms Complain of Missed Payments on Redevelopment Project

    Partner John Toohey is Nominated for West Coast Casualty’s Jerrold S. Oliver Award of Excellence!

    Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims

    Florida Decides Against Adopting Daubert

    Traub Lieberman Partner Michael K. Kiernan and Associate Brandon Christian Obtain Dismissal with Prejudice in Favor of Defendant

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation

    A Race to the Finish on Oroville Dam Spillway Fix

    Temecula Office Secures Approval for Development of 972-Acre Community on Behalf of Pulte Homes

    A Loud Boom, But No Serious Injuries in World Trade Center Accident

    US Proposes Energy Efficiency Standards for Federal Buildings

    Revisiting the CMO; Are We Overusing the Mediation Privilege?

    Deadly Fire in Older Hawaii High-Rise Causes Sprinkler Law Discussion

    DC Circuit Upholds EPA’s Latest RCRA Recycling Rule

    Competent, Substantial Evidence Carries Day in Bench Trial

    Who Says You Can’t Choose between Liquidated Damages or Actual Damages?

    Insurer Rejecting Construction Defect Claim Must Share in Defense Costs

    Georgia Appellate Court Supports County Claim Against Surety Company’s Failure to Pay

    No Coverage for Faulty Workmanship Based Upon Exclusion for Contractual Assumption of Liability

    Increase in Single-Family New Home Sales Year-Over-Year in January

    Novation Agreements Under Federal Contracts

    Contractual Waiver of Consequential Damages

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    California Rejects Judgments By Confession Pursuant to Civil Code Section 1132

    Wisconsin Federal Court Addresses Scope Of Appraisal Provision In Rental Dwelling Policy

    Texas Jury Finds Presence of SARS-CoV-2 Virus Causes “Physical Loss or Damage” to Property, Awards Over $48 Million to Baylor College of Medicine

    How Berlin’s Futuristic Airport Became a $6 Billion Embarrassment

    The Prompt Payment Act Obligation is Not Triggered When the Owner Holds Less Retention from the General Contractor

    Scaffolding Purchase Suggests No New Building for Board of Equalization

    Federal Court Denies Summary Judgment in Leaky Condo Conversion

    California Supreme Court Holds that Requirement of Prejudice for Late Notice Defense is a Fundamental Public Policy of the State for Choice of Law Analysis

    Indemnification Provisions Do Not Create Reciprocal Attorney’s Fees Provisions
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Cambridge's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

    New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

    June 15, 2017 —
    In The Burlington Insurance Company v. NYC Transit Authority, et al., No. 2016-00096, the New York Court of Appeals issued a landmark decision with regard to the meaning of “caused, in whole or in part, by” in the additional insured context. In a split decision, the court rejected Burlington Insurance Company’s argument that the language implied a “negligence” standard, but held that coverage was provided to the additional insured only where the named insured’s acts or omissions were the proximate cause of the injury:
    While we [the majority] agree with the dissent that interpreting the phrases differently does not compel the conclusion that the endorsement incorporates a negligence requirement, it does compel us to interpret ‘caused, in whole or in part’ to mean more than ‘but for’ causation. That interpretation, coupled with the endorsement’s application to acts or omissions that result in liability, supports our conclusion that proximate cause is required here.[1]
    Read the court decision
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    Reprinted courtesy of Geoffrey Miller, Saxe Doernberger & Vita, P.C.
    Mr. Miller may be contacted at gjm@sdvlaw.com

    Why Biden’s Infrastructure Plan Is a Green Jobs Plan

    April 26, 2021 —
    “Once you put capital money to work, jobs are created.” These are not the words of President Joe Biden, announcing his administration’s infrastructure plan in Pittsburgh on Wednesday. Nor were they the words of Transportation Secretary Pete Buttigieg, standing on a train platform to announce expanded service, or of any of the administration’s economists charged with touting the virtues of the $2.25 trillion spending plan. It was Michael Morris, then-CEO of Ohio utility American Electric Power, who uttered them on an investor call a decade ago. AEP was fighting an Environmental Protection Agency proposal to reduce mercury and other pollutants from power plants, citing the expense of creating jobs to install new scrubbers on smokestacks or build cleaner plants. Morris, taking his fiduciary responsibility to the utility’s investors seriously, argued these new roles would come at a cost to AEP and were, thus, bad. What he did not question, and correctly so, was whether more investments would indeed create more jobs. Read the court decision
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    Reprinted courtesy of Gernot Wagner, Bloomberg

    Earth Movement Exclusion Precludes Coverage

    July 20, 2020 —
    The Federal District Court, District of Hawaii, found the earth movement exclusion barred coverage for the contractor when a landslide damaged the property. North River Ins. Co. v. H.K. Constr. Corp., 2020 U.S. Dist. LEXIS 90110 (D. Haw. May 22, 2020). Bruce and Yulin Bingle sued HK for damage caused to the Bingle property. HK was hired as the contractor for the construction of a new residence and improvements on their property in Kaneohe. HK excavated near the boundary of the neighbors' and the Bingle's property in order to cut the existing slope to build a retaining wall. Due to the excavation work, the slope on the Bingle property failed and soil eroded away. At the time, the Bingles were selling their property. Due to the landslide, the buyer decided not to buy the property. The Department of Planning and Permitting issued a Notice of Violation for failure to obtain a grading permit. HK notified its carrier, North River. North River agreed to defend under a reservation of rights, but then filed suit against HK for a declaratory judgment. 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

    What is the Implied Warranty of Habitability?

    October 02, 2018 —
    The implied warranty of habitability plays an important role in our understanding of the relationship between tenant and landlord; it helps to define the parameters and requirements of contracts between tenant and the owner. In doing so, the implied warranty of habitability is meant to ensure that a home or rental unit is in a livable condition. In this article, we’ll take a look at what the warranty of habitability is, how it developed, and what differentiates the warranty of habitability from the previous landlord-tenant law. Background of the Implied Warranty of Habitability When someone hears about the warranty of habitability, their first question is usually “what is the implied warranty of habitability?” This is understandable, given that the implied warranty of habitability isn’t exactly well known. Most renters have probably never heard of the implied warranty of habitability, despite the fact that it provides important safeguards for tenant’s rights. In order to gain a better understanding of what the implied warranty of habitability is, it is helpful to understand what state of affairs existed prior to the adoption of an implied warranty of habitability. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O’Meara

    Ensuing Loss Provision Salvages Coverage for Water Damage Claim

    September 16, 2024 —
    The Court of Appeals for the D.C. Circuit reversed the district court's finding of no coverage and found that the ensuing loss provision provided coverage for water damage. 3524 East Cap Venture, LLC, et al. v. Weschester Fire Ins. Co., et al., 104 F. 4th 193 (D.C. Cir. 2024). Plaintiff 3534 East Cap Venture, LLC, a real-estate developer, hired plaintiff McCullough Construction, LLC, to build a residential and retail complex. Defendants Westchester Fire Insurance Company and Endurance American Insurance Company issued identical builders' risk policies, which covered the building while it was under construction. Each insurer was responsible for half of any qualifying losses. The policies covered loss caused by or resulting from water damage. The policies, however, excluded loss caused by "dampness of atmosphere" or by "[e]xtremes or changes in temperature." But the exclusions contained an exception if "loss by an insured peril ensues." 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 Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken

    October 05, 2020 —
    The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL In re Flint Water Cases Several local and State of Michigan officials, including the former governor, requested dismissal from the civil litigation seeking damages for the massive failure of Flint, Michigan’s public drinking water system. On August 5, 2020, the U.S. Court of Appeals for the Sixth Circuit agreed that the plaintiffs, residents of Flint, have successfully pled a case that the conduct of the defendants so “shocked the conscience” that a claim for a violation of their substantive due process rights was appropriately alleged. The defendants, including the former governor, argued that they were entitled to a qualified immunity defense. The court rejected this argument on the basis of the earlier decisions made by the court in this matter. Judge Sutton concurred because he was bound by this precedent, but remarked that the evidence for the governor’s culpability was very thin; he was not intimately connected to the extraordinary error in judgment. The majority was very upset with this concurrence as indicted by their own opinion. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Arizona Purchaser Dwelling Actions Are Subject to a New Construction

    September 04, 2019 —
    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
    Read the full story...
    Reprinted courtesy of William L. Doerler, White and Williams LLP
    Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

    Despite Increased Presence in Construction, Women Lack Size-Appropriate PPE

    September 26, 2022 —
    Fit. Functionality. Comfort. These are absolute musts for any employee wearing personal protective equipment (PPE) for work. Yet for many women in the workplace, finding PPE that fits well remains a challenge. In 2021, women comprised 11% of construction workers, 7.9% of truck drivers and 29% of manufacturing employees (Bureau of Labor Statistics), and their numbers in these fields continue to increase. Unfortunately, their options for proper-fitting PPE are not growing. "It's difficult to find PPE that fits women, because there is limited availability of these products, or suppliers do not offer them at all," says Brandy Bossle, owner and principal consultant at Triangle Safety Consulting LLC. "We really need suppliers to go out of their way to offer PPE that's cut for both men and women." Private fleet driver and Women in Trucking Image Team member Carol Nixon agrees, saying, "You can find men's hats, gloves, jackets and safety vests everywhere, but not with a female fit." Women can be shaped differently from head to toe—their faces, shoulders, waists, fingers and toes are often narrower, and they often have shorter torsos, among other differences. In order for PPE to fit many women comfortably and properly, these proportions need to be taken into account. In fact, OSHA states on its website that PPE used by women should be based on female body measurement data and that employers should offer PPE in sizes suitable for women. Reprinted courtesy of Robin Marth, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Ms. Marth may be contacted at media@jjkeller.com