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    Cambridge, Massachusetts

    Massachusetts Builders Right To Repair Current Law Summary:

    Current Law Summary: Case law precedent


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    Guidelines Cambridge Massachusetts

    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


    Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens

    Florida Extends Filing Time for Claims Subject to the Statute of Repose

    The Impact of the IIJA and Amended Buy American Act on the Construction Industry

    Musk Says ‘Chicago Express’ Tunnel Project Could Start Work in Months

    #1 CDJ Topic: McMillin Albany LLC v Superior Court of California

    Contractor Owed a Defense

    Preparing For the Worst with Smart Books & Records

    As California Faces Mandatory Water Use Reductions How Will the Construction Industry be Impacted?

    Global Insurer Agrees to Pay COVID-19 Business Interruption Claims

    District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements

    Claims for Bad Faith and Punitive Damages Survive Insurer's Motion for Summary Judgment

    Factories Boost U.S. Output as Builders Gain Confidence: Economy

    Neighbors Fight to Halt Construction after Asbestos found on Property

    Exception to Watercraft Exclusion Does Not Apply

    It’s Getting Harder and Harder to be a Concrete Supplier in California

    Don’t Put Yourself In The Position Of Defending Against An Accord And Satisfaction Defense

    Consequential Damages From Subcontractor's Faulty Work Constitutes "Property Damage" and An "Occurrence"

    Damages to Property That is Not the Insured's Work Product Are Covered

    English v. RKK. . . The Rest of the Story

    Hurricane Milton Barrels Toward Florida With 180 MPH Winds

    The Unthinkable Has Happened. How Should Contractors Respond?

    Wisconsin Supreme Court Upholds Asbestos Exclusion in Alleged Failure to Disclose Case

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    Three Reasons Late Payments Persist in the Construction Industry

    Where Breach of Contract and Tortious Interference Collide

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    Repairing One’s Own Work and the one Year Statute of Limitations to Sue a Miller Act Payment Bond

    Los Angeles Considering Census of Seismically Unstable Buildings

    Construction Lien Does Not Include Late Fees Separate From Interest

    Mandatory Energy Benchmarking is On Its Way

    Athens, Ohio, Sues to Recover Nearly $722,000 After Cyber Attack

    Ireland Said to Plan Home Loans Limits to Prevent Bubble

    Nevada Senate Rejects Construction Defect Bill

    Nation’s Top Court Limits EPA's Authority in Clean Air Case

    Collapse Claim Fails Due To Defectively Designed Roof and Deck

    One Insurer's Settlement with Insured Does Not Bar Contribution Claim by Other Insurers

    Earth Movement Exclusion Bars Coverage

    Change #7- Contractor’s Means & Methods (law note)

    Home Building Likely to Stick to Slow Pace

    Before Celebrating the Market Rebound, Builders Need to Read the Fine Print: New Changes in Construction Law Coming Out of the Recession

    Insurer Springs a Leak in Its Pursuit of Subrogation

    Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond

    Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

    Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

    Stop Losing Proposal Competitions

    General Contractors Have Expansive Common Law and Statutory Duties To Provide a Safe Workplace

    Municipalities Owe a Duty to Pedestrians Regardless of Whether a Sidewalk Presents an “Open and Obvious” Hazardous Condition. (WA)

    There Are Consequences to Executed Documents Such as the Accord and Satisfaction Defense

    Eleventh Circuit Asks Georgia Supreme Court if Construction Defects Are Caused by an "Occurrence"

    New Jersey Appellate Court Reinstates Asbestos Action
    Corporate Profile

    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. Leveraging 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

    Mortgage Interest Rates Increase on Newly Built Homes

    April 30, 2014 —
    According to the National Association of Home Builders’ (NAHB) Eye on Housing, while the Federal Housing Financing Agency (FHFA) reported a decrease in mortgage interest rates for existing homes, there was an increase in mortgage rates on newly built homes: “The average contract interest rate on conventional mortgages used to purchase newly built homes actually increased in March, from 3.91 to 4.21 percent, reversing an anomalous drop to under 4 percent that occurred in February.” “The average price and loan size on conventional mortgages used to purchase newly built homes also reversed previous month declines in March,” reported Eye on Housing. “The average price increased 5.4 percent to $427,200—the second highest number on record.” Read the court decision
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    Reprinted courtesy of

    Ahlers & Cressman Presents a Brief History of Liens

    August 20, 2014 —
    Brad Westmoreland on Ahlers & Cressman PLLC’s blog, presented the history of liens in the U.S., going back to 1789. In fact, the lien was created in response to the need of swift and extensive construction in Washington D.C. “Although it had an abundance of land at the time, America was short on labor and capital,” Westmoreland wrote. “Knowing the state of things, builders were hesitant to provide labor and materials without guarantees that owners would be able to pay.” According to the Ahlers & Cressman PLLC blog, Thomas Jefferson solved the issue by urging “the Legislature of Maryland to pass a law giving builders ‘a lien upon newly created values of [their] labors.’ The new law would provide builders with the assurance that contracts would not result in a total loss should the owners fail to pay.” Read the court decision
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    Reprinted courtesy of

    Will Superusers Future-Proof the AEC Industry?

    May 13, 2019 —
    Design professionals who leverage tools and technology and, at the same time, have people skills, are essential to the future of the industry. They are Superusers, the protagonists of the latest book by Randy Deutsch. Randy Deutsch is an architect, educator, workshop leader, writer, and international keynote speaker. I had a chance to interview him about his book, Superusers: Design Technology Specialists and the Future of Practice. First, I was curious to know why he chose this topic for his fourth book. He explains: “Right now, it made a lot of sense to focus on the individual, not focus on collaboration and building teams, and really define what each individual team member should be.” Who Are Superusers? IT, technology, and tool specialists are typically experts in a relatively narrow field. Designers, especially architects, must have a wider perspective. Superusers are design technologists; liaisons between business needs and technology solutions. They demonstrate certain skillsets and mindsets. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Traub Lieberman Attorneys Named 2019 Super Lawyers

    November 04, 2019 —
    Related Attorneys: Jonathan R. Harwood, Michael K. Kiernan, Michael S. Knippen, Meryl R. Lieberman, Christopher Russo, Scot E. Samis, Lisa L. Shrewsberry, Stephen D. Straus, Richard K. Traub, Cheryl P. Vollweiler, Brian C. Bassett, Jessica N. Kull, Jeremy S. Macklin, Dana A. Rice, Burks A. Smith, III, Jason Taylor Ten Traub Lieberman attorneys have been named 2019 Super Lawyers and seven named 2019 Rising Stars. The honored attorneys represent five of the firm's seven offices and nearly all of its service areas. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas, who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. Read the court decision
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    Reprinted courtesy of

    The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction

    December 20, 2021 —
    Last year, I posted regarding the Colorado Court of Appeals’ decision in Woodbridge II, which concluded that the “adverse use” element for prescriptive easement claims only requires the claimant to “show a nonpermissive or otherwise unauthorized use of property that interfered with the owner’s property interests.” Viento Blanco, LLC, 2020 COA 34 (Woodbridge II), ¶ 2. Thus, Woodbridge II concluded, the claimants acknowledgement or recognition of an owner’s title alone is insufficient to defeat “adverse use” in the prescriptive easement context. Id. That decision was up for review by the Colorado Supreme Court at the time of my prior post. It has now been affirmed, thereby settling an arguable appellate decision split created by Woodbridge II. See Lo Viento Blanco, LLC v. Woodbridge Condo. Ass’n, Inc., 2021 CO 56 (“Woodbridge”). “Like the division below, and for much the same reasons,” the Colorado Supreme Court affirmed in Woodbridge “that under Colorado law, a claimant’s acknowledgement or recognition of the owner’s title during the claimant’s asserted prescriptive period does not interrupt the prescriptive use or undermine the claimant’s adverse use.” Woodbridge, ¶ 2. Writing for a unanimous court, Justice Gabriel’s opinion agreed with the Court of Appeals’ reasoning “that although Woodbridge recognized that it did not hold title, no evidence indicated that it had acted in subordination to the owner’s title.” Id. ¶ at 13. The Court further agreed with Woodbridge II’srejection of Lo Viento’s “permissive use” argument because “the permission offered … was conditional and Woodbridge never agreed to any of the conditions set forth therein.” Id. On that basis, Woodbridge confirmed that “a claimant seeking to establish a prescriptive easement need not show that it asserted exclusive ownership of the property during the prescriptive period,” but only “that its use was without permission or otherwise unauthorized and that it interfered with the owner’s property interests.” Id. at ¶ 23. Read the court decision
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    Reprinted courtesy of Luke Mecklenburg, Snell & Wilmer
    Mr. Mecklenburg may be contacted at lmecklenburg@swlaw.com

    Florida Accuses Pool Contractor of Violating Laws

    June 28, 2013 —
    One customer said that after his pool was finished, he started having problems with the concrete and tiles. He’s still waiting for the $7,300 he was awarded at arbitration. Others have complained that Nationwide Pools dug up their back yards and didn’t finish the work. Construction defects were not repaired, despite promises. And even after the company stopped doing any work anywhere, they continued to charge their customers “progress payments.” The State of Florida has stepped into this, seeking restitution for homeowners who were charged for partially built or defective pools, and preventing the company officials from ever working in the pool construction industry. According to the suit, customers who complained about delays were told “a series of lies and misrepresentations about ‘supply shortages’ and ‘damaged items’ in order to string them along.” Read the court decision
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    Reprinted courtesy of

    State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act

    June 13, 2018 —
    On June 1, the U.S. Court of Appeals for the Fifth Circuit decided the case of State of Texas v. U.S., et al. The Court of Appeals held that the petition for mandamus filed by the State of Texas essentially seeking to compel the Nuclear Regulatory Commission (NRC) to establish a schedule for the operation of the Yucca Mountain, NV nuclear waste depository was untimely filed. The depository is very controversial in Nevada, and as a consequence, none of the many deadlines established by Congress have been met. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    KF-103 v. American Family Mutual Insurance: An Exception to the Four Corners Rule

    October 29, 2014 —
    In Colorado, the “complaint rule,” also known as the “four corners rule,” requires an insurer to provide a defense when an underlying complaint alleges any set of facts that may fall within an insurance policy. This can result in a situation where an insurer has a duty to defend although the underlying facts ultimately do not fall within the policy. In KF-103 v. American Family Mutual Insurance, 2014 WL 4409876, District Court Judge Richard P. Matsch recognized an exception to the complaint rule. In doing so, Judge Matsch determined that a court may look beyond the complaint to judicial orders preceding the filing of the complaint to determine whether an insurer has a duty to defend. Therefore, a party may not be able to assert unsupported facts in a complaint for the sole purpose of triggering an insurance policy. KF 103 v. American Family arose out of an underlying easement dispute. In the underlying case, KF 103-CV, LLC (“KF 103”) purchased a piece of property from the Infinity Group. As a condition of the purchase agreement, Infinity Group was required to complete improvements to boundary streets and the intersection of Ski Lane and Sorpresa Lane. Several adjoining property owners (the “neighbors”) objected to the modification of the intersection because it violated an express easement (the “easement”) that provided access to their properties. Read the court decision
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    Reprinted courtesy of Zach McLeroy, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLeroy may be contacted at McLeroy@hhmrlaw.com