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    Cambridge, Massachusetts

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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


    Treble Damages Awarded After Insurer Denies Coverage for Collapse

    New Jersey Firm’s Fee Action Tossed for not Filing Substitution of Counsel

    Risk Management and Contracting after Hurricane Irma: Suggestions to Avoid a Second Disaster

    New York Court Temporarily Enjoins UCC Foreclosure Sale

    NY Appellate Court Holds Common Interest Privilege Applies to Parties to a Merger

    Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673

    VOSH Jumps Into the Employee Misclassification Pool

    Pipeline Safety Violations Cause of Explosion that Killed 8

    Commercial Construction Heating Up

    Cross-Office Team Secures Defense Verdict in Favor of Client in Asbestos Case

    Be Careful with Good Faith Payments

    Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

    Judge Dismisses Suit to Block Construction of Obama Center

    Where Breach of Contract and Tortious Interference Collide

    North Carolina Weakened Its Building Codes in 2013

    Sometimes you Need to Consider the Coblentz Agreement

    Civil Engineers: Montana's Infrastructure Grade Declines to a 'C-'

    Resurgent Housing Seen Cushioning U.S. From World Woes: Economy

    Quick Note: Not In Contract With The Owner? Serve A Notice To Owner.

    Waiver of Consequential Damages: The Most Important Provision in a Construction Contract

    Town Concerned Over Sinkhole at Condo Complex

    Decaying U.S. Roads Attract Funds From KKR to DoubleLine

    Federal Court Reiterates Broad Duty to Defend in Additional Insured Cases

    Real Estate & Construction News Round-Up (01/18/23) – Construction Inventory, 3D Printing, and Metaverse Replicas

    How a Maryland County Created the Gold Standard for Building Emissions Reduction

    Toll Brothers Snags Home Builder of the Year Honors at HLS

    WSHB Ranked 4th Most Diverse Law Firm in U.S.

    Congratulations to Arezoo Jamshidi & Michael Parme Selected to the 2022 San Diego Super Lawyers Rising Stars List

    New Jersey’s Proposed Construction Defect Law May Not Cover Everything

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    Generally, What Constitutes A Trade Secret Is A Question of Fact

    Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Action Violation

    Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory

    New York Restaurant and Bar Fire Caused by Electric Defect

    Insurer Motion to Intervene in Underlying Case Denied

    Greystone on Remand Denies Insurer's Motion for Summary Judgment To Bar Coverage For Construction Defects

    Review your Additional Insured Endorsement

    Harmon Tower Opponents to Try Mediation

    Insurance Policy Provides No Coverage For Slab Collapse in Vision One

    Claim for Collapse After Demolition of Building Fails

    Toolbox Talk Series Recap - Undocumented Change Work

    Indemnity Provision Provides Relief to Contractor; Additional Insured Provision Does Not

    Property Owner Entitled to Rely on Zoning Administrator Advice

    Gen Xers Choose to Rent rather than Buy

    Yes, Virginia, Contract Terms Do Matter: Financing Term Offers Owner an Escape Hatch

    Congratulations to San Diego Partner Johnpaul Salem and Senior Associate Scott Hoy for Obtaining a Complete Defense Verdict!

    Developer Transition – Washington DC Condominiums

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    Guidance for Construction Leaders: How Is the Americans With Disabilities Act Applied During the Pandemic?

    Deadline Nears for “Green Performance Bond” Implementation
    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

    Job Growth Seen as Good News for North Carolina Housing Market

    November 20, 2013 —
    David Mayo, the president of the Home Builders Association of Hendersonville told housing professionals that “it’s been a tough few years, but by all accounts it’s better now.” Currently, Henderson County, North Carolina is seeing three new jobs created for every building permit issued, which is seen as the critical measure of a region’s economic health, according to Dale Akins, a market research firm. Henderson County has seen a rise in building permits, with 32% more permits issued in the first nine months of 2013 than in the same period of 2012. By contrast, adjacent Transylvania County has seen little job growth and a housing market that has shrunk by 25%. Read the court decision
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    Reprinted courtesy of

    Musk Backs Off Plan for Tunnel in Tony Los Angelenos' Backyard

    December 19, 2018 —
    Elon Musk’s futuristic tunneling company, Boring Co., is no longer embroiled in a lawsuit with the residents of West Los Angeles. A May lawsuit aimed at stopping the Boring Co.’s proposed tunnel under Sepulveda Boulevard has been settled, according to a notice filed at the Superior Court of Los Angeles County. Neighbors in the Brentwood and Sunset Boulevard areas, near the proposed tunnel, had sued the City of Los Angeles over the Boring Co.’s plans to build a test tunnel without going through an environmental review process, as recommended in April by the city’s public works committee. Read the court decision
    Read the full story...
    Reprinted courtesy of Sarah McBride & Edvard Pettersson, Bloomberg

    Bill Proposes First-Ever Federal Workforce Housing Tax Credit for Middle-Class Housing

    March 04, 2024 —
    Legislation was recently introduced to the U.S. Senate and House of Representatives proposing the creation of the first-ever Workforce Housing Tax Credit (WHTC) for middle-income housing developments. Similar to the existing Low-Income Housing Tax Credit (LIHTC), the WHTC would provide additional federal income tax credits to housing development projects for tenants making between 60% and 100% of Area Median Income (AMI). The allocation of WHTC would be based on a competitive bid process and awarded to developments over a 15-year credit period (as opposed to a 10-year credit period for LIHTC). Developments receiving allocations of WHTC will be subject to affordability requirements during the 15-year credit period and subsequent extended use period of at least 15 years. Reprinted courtesy of Emily K. Bias, Pillsbury and Brittany Griffith, Pillsbury Ms. Bias may be contacted at emily.bias@pillsburylaw.com Ms. Griffith may be contacted at brittany.griffith@pillsburylaw.com Read the court decision
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    Reprinted courtesy of

    Building Supplier Sued for Late and Defective Building Materials

    December 04, 2013 —
    The Lawson Henry Co. bought an unfinished townhome in Snowshoe, West Virginia with the intent of getting it finished and sold. To reach that goal, they contracted with O.C. Cluss Professional Services and O.C. Cluss Lumber Co. to provide them with building materials. According to the plaintiff, Cluss failed to deliver the building materials by the agreed-on date, causing the plaintiff to miss out on the peak season for selling the townhome. The suit also alleges that in addition to materials being delivered late, some were defective or of poor quality. The Lawson Henry Co. is charging Charles C. Cluss and his companies of breach of contract. Read the court decision
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    Reprinted courtesy of

    FAA Seeks Largest Fine Yet on Drones in Near-Miss Crackdown

    October 21, 2015 —
    The U.S. Federal Aviation Administration is proposing the largest fine to date against a drone operator as the agency cracks down on the booming use of unmanned aircraft in congested skies over populated areas. The FAA said Tuesday it was recommending a $1.9 million penalty against SkyPan International Inc., which made 65 drone flights from 2012 to 2014 in airspace above cities including New York. The company uses drones to photograph the prospective views from Manhattan high rises under construction, according to its website. The action comes as the FAA has struggled to enforce existing rules on drones and attempts to finalize the first regulations allowing small unmanned vehicles to operate commercially. Drone sightings by pilots, including close-calls with airliners, have surged from only a handful a month last year to over 100 per month. Read the court decision
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    Reprinted courtesy of Alan Levin, Bloomberg

    Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)

    May 15, 2023 —
    If a construction lien is recorded against real property, the lien can be transferred to a lien transfer bond. This transfers the security or collateral of the construction lien from the real property to the lien transfer bond. The lien transfer bond can be a bond posted by a surety company or it can be cash. This is governed by Florida Statute s. 713.24. The amount of the lien does not dictate the amount of the lien transfer bond. Rather, the lien transfer bond needs to be in the amount of the lien, plus interest on that amount for three years, plus $1,000 or 25% of the amount of the lien (whichever is greater so factor in the 25%) to cover attorney’s fees. Fla. Stat. 713.24(1). If you are looking to transfer a construction lien to a lien transfer bond, make sure to consult with counsel. Keep in mind there is a statutory mechanism for a lienor to increase the lien transfer bond to cover attorney’s fees and costs and notice the word “must” in the statute below. Pursuant to Florida Statute s. 713.24(3):
    Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited, or file a motion in a pending action to enforce a lien, for an order to require additional security, reduction of security, change or substitution of sureties, payment of discharge thereof, or any other matter affecting said security. If the court finds that the amount of the deposit or bond in excess of the amount claimed in the claim of lien is insufficient to pay the lienor’s attorney’s fees and court costs incurred in the action to enforce the lien, the court must increase the amount of the cash deposit or lien transfer bond. Nothing in this section shall be construed to vest exclusive jurisdiction in the circuit courts over transfer bond claims for nonpayment of an amount within the monetary jurisdiction of the county courts.
    Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Insurance Company Must Show that Lead Came from Building Materials

    August 17, 2011 —

    The Fourth Circuit Court of Appeals for Louisiana has reversed the summary judgment of a lower court in the case of Widder v. Louisiana Citizens Property Insurance Company. Judge Roland L. Belsome wrote the opinion for the panel of three judges. Ms. Widder discovered that her home and its content were contaminated by lead. She applied to her insurer, Louisiana Citizens Property Insurance, which denied her claim.

    In response to Ms. Widder’s suit, LCPIC applied for a summary judgment on the grounds that there was no physical loss and that the policy did not cover defective material, latents defects, and pollution damage.

    The appeals court found that the lead contamination of Widder’s home did meet the standards of a direct physical loss, citing a recent Chinese Drywall case. There, it was found, “when a home has been rendered unusable or uninhabitable, physical damage is not necessary.”

    The lower court addressed only one of LCPIC’s exclusions, addressing only the exclusion on basis of “faulty, inadequate or defective material.” The appeals court noted that the evidence offered at trial does not show that the building materials were the source of the lead. This provided the appeals court with a matter of fact to remand to the lower court.

    Read the court’s decision…

    Read the court decision
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    Reprinted courtesy of

    Five Actions Construction and Energy Risk Managers Can Take to Avoid the Catastrophic Consequences of a Cyber Attack

    June 27, 2022 —
    With the ever-increasing usage of technology in the construction and energy industries, risks to business operations have also increased. Property developers and construction contractors rely on electronic data and communications more than ever to streamline projects, ensure efficient and timely supply chain delivery, and facilitate immediate communications between parties. However, with this dependence upon technology comes the heightened risk of cyber criminals frustrating construction operations and driving up costs. Similarly, as the energy sector has grown more dependent upon online networks for deliverables, vulnerabilities have become more pronounced in trades dependent upon electrical grids. When an entire electricity network must be taken offline in defense of a cyber-attack, this impacts countless industries such as hospitals and health care operations, manufacturers and suppliers, and local and interstate traffic systems. Read the court decision
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    Reprinted courtesy of Eve-Lynn Gisonni, Saxe Doernberger & Vita
    Mr. Gisonni may be contacted at EGisonni@sdvlaw.com