Cambridge Massachusetts Building Expert Directory

Yes, Indeedy. Competitive Bidding Not Required for School District Lease-Leasebacks

October 01, 2014 — Garret Murai – California Construction Law Blog
Remember when you discovered that the tooth fairy wasn’t real? It was kind of a bummer on one hand learning that it wasn’t a fairy that magically appeared to swap your tooth for cold hard cash, but rather your mom or, visual horrors, dad. At the same time, it was, to your nearly-halfway-to-a-decade-on-this-planet-wizened-six-year-old mind, confirmation of what you had a sneaking suspicion was the case in any event. And, so it is with the next case. Lease-Leasebacks In California, most public school construction projects are built using the traditional design-bid-build project delivery method in which a design professional designs the project, the project is put out for competitive bid and the selected contractor builds the project. But not all school construction projects are built this way. Read the court decision
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Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
Mr. Murai may be contacted at gmurai@kmtg.com

Venue for Suing Public Payment Bond

June 15, 2017 — David Adelstein - Florida Construction Legal Updates
Public payment bonds (excluding FDOT payment bonds) are governed under Florida statute s. 255.05. As it pertains to venue—the location to sue a public payment bond–the statute provides in relevant portion: (5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is being construction or repaired. *** (1)(e) Any provision in a payment bond…which restricts venue of any proceeding relating to such bond…is unenforceable. Now, what happens if a subcontractor sues only a payment bond but its subcontract with the general contractor contains a mandatory venue provision? For example, what if the general contractor is located in Lee County and the subcontract contains a venue provision for Lee County, the project is located in Collier County, the subcontractor is located in Miami-Dade County, and the surety issues bonds in Miami-Dade County? Does venue have to be in Lee County per the mandatory venue provision? 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

Wendel Rosen Construction Attorneys Recognized by Super Lawyers

July 30, 2018 — Garret Murai - California Construction Law Blog
Wendel Rosen Construction Practice Group Co-Chairs, Garret Murai and Quinlan Tom, have been selected for inclusion as 2018 Northern California Super Lawyers in the area of Construction Litigation. Murai and Tom are among 26 other attorneys at the firm who were selected as either 2018 Northern California Super Lawyers or Rising Stars by Thompson Reuters. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Commentary: How to Limit COVID-19 Related Legal Claims

January 11, 2021 — Joshua Lindsay, Crowell & Moring & Meagan Bachman, Crowell & Moring - ENR
We are 10 months into the global pandemic. Given the magnitude of additional costs and upended expectations and risk-allocation, we foresee a wave of disputes coming soon. Whether it is large or small depends heavily on how well project team members handle the COVID-19 project impacts now. Reprinted courtesy of Joshua Lindsay, Crowell & Moring (ENR) and Meagan Bachman, Crowell & Moring (ENR) Ms. Bachman may be contacted at mbachman@crowell.com Mr. Lindsay may be contacted at joshlindsay@crowell.com Read the full story... Read the court decision
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Injury to Employees Endorsement Eliminates Coverage for Insured Employer

February 01, 2021 — Tred R. Eyerly - Insurance Law Hawaii
The court granted summary judgment to the insurer based upon an endorsement which barred coverage for injuries to employees. Northfield Ins. Co. v. Z&J Mgt. LLC, 2020 N.Y. Misc. LEXIS 10801 (N.Y. Sup. Ct. Dec. 18, 2020). Ravi Sooklal sued his employer, Z&J Management LLC (Z&J), for injuries at the job site. Northfield, who had issued a CGL policy to Z&L, denied coverage based upon two endorsements. The first was titled "Injury to Employees of Insureds" and the second was "Employers' Liability." Northfield sued for a declaratory judgment and now moved for summary 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

Subcontractor Exception to Your Work Exclusion Paves the Way for Coverage

April 03, 2013 — CDJ STAFF
In a brief opinion, the Second Circuit vacated the district court's denial of coverage for construction defects. Scottsdale Ins. Co. v. R.I. Pools Inc., 2013 U.S. App. LEXIS 5680 (2nd Cir. March 21, 2013). The insured, R.I. Pools, employed outside companies to supply concrete and to shoot the concrete into the ground. During the summer of 2006, it obtained its concrete from one subcontractor and used another to shoot the concrete. In 2009, nineteen customers of R.I. Pools from 2006 complained damage to their pools, including cracking, flaking, and deteriorating concrete. Scottsdale sought a declaratory judgment against R.I. Pools that it had no obligations under the policy to defend or indemnify for claims related to cracks in the pools. Read the court decision
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Reprinted courtesy of Tred Eyerly
Tred Eyerly can be contacted at te@hawaiilawyer.com

Monumental Museum Makeover Comes In For Landing

May 28, 2024 — Jim Parsons - Engineering News-Record
After more than 40 years of chronicling the nation’s storied exploration of the sky and heavens, the Smithsonian Institution’s National Air and Space Museum in Washington, D.C., was, in a word, tired. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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The Prompt Payment Act Obligation is Not Triggered When the Owner Holds Less Retention from the General Contractor

October 27, 2016 — John P. Ahlers – Ahlers & Cressman PLLC
Most states have laws known as “prompt payment” statutes which govern the timing of payments on public works projects[i] from project owners to general contractors, and from general contractors to subcontractors.[ii] The purpose of these statutes is to ensure that contractors and subcontractors who may have less leverage than the project owners and prime contractors, respectively, are paid for their work on a timely basis. Prompt Payment Act cases are rare, and, since many of the prompt payment statutes are founded on the same principles, when we come across a Prompt Payment Act case, it is “blog worthy.” This dispute arose from the construction of the Exposition Light Rail Line Project connecting downtown Los Angeles with Culver City on which FCI/Fluor/Parsons (“FFP”) was the prime contractor, and Bloise Construction, Inc. (“Bloise”) was the excavation subcontractor to FFP. Under the prime contract, Expo,[iii] the owner, was permitted to withhold ten percent of the payments owed to FFP, and FFP, pursuant to its subcontract with Bloise, was entitled to also withhold ten percent of the payments to Bloise as retention. Read the court decision
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Reprinted courtesy of John P. Ahlers, Ahlers & Cressman, PLLC
Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

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