Cambridge Massachusetts Building Expert Directory

How Long is Your Construction Warranty?

February 26, 2015 — Craig Martin – Construction Contractor Advisor
The Nebraska Court of Appeals threw a wrench into the calculation of your warranty earlier this year in Adams v. Manchester Park, LLC and Southfork Homes, Inc. In that case, the court found that the statute of limitations for a warranty claim started running after the homebuilder’s warranty expired. So, the four year breach of warranty statute of limitations did not begin until after the one year homebuilder warranty expired. In this case, the homeowner purchased a home from Southfork in September, 2007. The purchase agreement provided for a one-year New Home Limited Warranty which covered material defects in workmanship and materials. The homeowner noticed cracks in the drywall and problems with windows within 6 months of the purchase. The builder told the homeowner to keep track of all the problems and they would be fixed at the yearend walk through. Read the court decision
Read the full story...
Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

More In-Depth Details on the Davis-Bacon Act Overhaul

November 06, 2023 — Seth C. Wiseman & Angela M. Richie - Construction Executive
The U.S. Department of Labor’s finalization of a rule updating the Davis-Bacon Act, the federal law that governs how prevailing wages for federal construction projects can be determined, will have a significant impact on contractors and workers alike in the construction industry. The new rule, in effect, adopts the 30% rule, meaning that the prevailing wages must be equal to the wage paid to at least 30% of workers of a particular classification in a particular area. The new rule also implements a new anti-retaliation provision, specifically protecting construction workers who raise concerns about payment practices from adverse employment actions. The timing of this new rule is particularly significant for contractors, as it will likely raise the cost of labor for contractors at a time when the Infrastructure Investment and Jobs Act and the CHIPS Act are providing additional funding for federal projects across the country. Thus, it is important for all parties in the construction industry to understand the updated rule in order to evaluate the short-term impacts on their respective projects and long-term impact on their respective businesses. Reprinted courtesy of Seth C. Wiseman & Angela M. Richie, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Wiseman may be contacted at swiseman@grsm.com Ms. Richie may be contacted at arichie@grsm.com Read the court decision
Read the full story...
Reprinted courtesy of

Risky Business: Contractual Versus Equitable Rights of Subrogation

December 16, 2023 — Kyle Rice - The Subrogation Strategist
In Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of Chicago and CMO, a Joint Venture. The Appellate Court of Illinois, First District (Appellate Court) addressed whether Insurer – who issued a builder’s risk policy to insure a building during construction – could subrogate on behalf of the building owner, City Colleges of Chicago (City Colleges), who was part of the joint venture and an additional named insured, but who had not been directly paid for the underlying loss. The Appellate Court determined that the policy language established that the carrier was contractually permitted to subrogate on behalf of all additional named insureds on the policy, including the building owner. Read the court decision
Read the full story...
Reprinted courtesy of Kyle Rice, White and Williams
Mr. Rice may be contacted at ricek@whiteandwilliams.com

Material Prices Climb…And Climb…Are You Considering A Material Escalation Provision?

May 31, 2021 — David Adelstein - Florida Construction Legal Updates
As you may know, material prices have been climbing. And they continue to climb based on the volatility of the material market. On top of that, there are lead times in getting material due to supply chain and other related concerns. The question is, how are you addressing these risks? These are risks that need to be addressed in your contract. As it relates to climbing material prices, one consideration is a material escalation provision. The objective of this provision is to address the volatility of the material market in economic climates, such as today’s climate, where the price of material continues to climb. Locking down a material price today will be different than locking down the same price months from today. This volatility and risk impacts pricing and budgets. Naturally, an owner and contractor would like to be in a position to lock down supplier prices as soon as possible—both to secure pricing and to account for items with long lead times or that recent data forecasts a long lead time due to supply chain concerns. However, this is not always possible or practical and can depend on numerous issues such as when the owner contracts with the contractor, when the owner issues the notice to proceed (and permits are issued), final construction documents and revisions to the construction documents, the type of material, whether there is staging or storage available for the materials, and the current status including climitazation of the project. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

A Court-Side Seat: Environmental Developments on the Ninth Circuit

July 13, 2020 — Anthony B. Cavender - Gravel2Gavel
On May 26, 2020, the U.S. Court of Appeals for the Ninth Circuit decided three significant environmental law cases. Two of these cases involved whether global warming tort cases could be brought in California state courts on, for example, a public nuisance claim, and whether the defendant energy companies had the right to have them removed to the federal courts. County of San Mateo, et al. v. Chevron Corp., et al. and City of Oakland v. BP PLC, et al. While acknowledging the immensity of the legal issues, the Ninth Circuit held that the federal removal statutes did not permit these cases to be removed to the federal courts. For one thing, state court jurisdiction was not preempted by the Clean Air Act. Accordingly, the court affirmed the ruling of Federal Judge Chhabria in the Chevron case, and vacated Judge Alsup’s ruling in the BP case that he had jurisdiction to hear this case pursuant to federal common law, and then to dismiss it. The court also remanded the case to Judge Alsup, and directed him to determine if there was an “alternate basis” for federal court jurisdiction based on the pleadings that an issue of ”navigable waters” was a concern. Read the court decision
Read the full story...
Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Suppliers Must Also Heed “Right to Repair” Claims

October 16, 2013 — CDJ STAFF
“Right to repair” statutes don’t only affect general contractors, but everyone involved in the building of a home, down to those who supply materials, warns Paul Gary in a post on Window & Door. He notes that “if you sell your window or door products in one of the growing number of states with a ‘Notice and Opportunity to Cure’ or ‘Right to Repair’ statute, you need a plan in the event you receive a defect notice relating to your product.” A supplier that receives a statement that a defect exists should, according to Mr. Gary, carefully document not only when the notice was received, but when it was sent, according to postmark, and whether the sender complied with all the regulations. From there, the supplier should determine if there were previous, informal complaints. Finally, determine sales information. At this point, the supplier has the information its insurer will require. His next caution is that in what follows, other may “seek defense and indemnity from you.” And while you may point out problems with the notice,” he counsels that “if you confirm there is an issue with your product, don’t be afraid to make a fair proposal for repair.” Read the court decision
Read the full story...
Reprinted courtesy of

Caterpillar Forecast Tops Estimates as Construction Recovers

January 28, 2014 — Shruti Date Singh – Bloomberg
Caterpillar Inc. (CAT), the largest maker of mining and construction equipment, forecast earnings and revenue for 2014 that topped analysts’ estimates as the recovery in the U.S. building industry spurs sales of bulldozers and excavators. Sales will be about $56 billion plus or minus 5 percent, the company said in a statement today. The average of 13 estimates compiled by Bloomberg was $55.5 billion. Profit will be $5.85 a share excluding $400 million to $500 million in restructuring costs. That’s more than the $5.77 average estimate. Peoria, Illinois-based Caterpillar also said it approved a $10 billion share buyback plan through 2018 and will repurchase about $1.7 billion in stock in the first quarter that will complete its previous authorization. Read the court decision
Read the full story...
Reprinted courtesy of Shruti Date Singh, Bloomberg
Ms. Singh may be contacted at ssingh28@bloomberg.net

Wilke Fleury and Attorneys Recognized as ‘Best Law Firm’ and ‘Best Lawyers’ by U.S. News!

November 08, 2017 — Wilke Fleury
Wilke Fleury is pleased to announce its inclusion in the 2018 editions of ‘Best Law Firms’ in America and ‘Best Lawyers’ in America. The two award categories reflect excellence in legal service – firms included in the 2018 “Best Law Firms” list are recognized for professional excellence by clients and peers and Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Wilke Fleury Recognized in U.S. News 2018 Edition ‘Best Law Firms’ in America Wilke Fleury is honored to be recognized among the nation’s Best Law Firms by U.S. News – Best Lawyers. “Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.” Wilke Fleury Attorneys Elected to U.S. News 2018 Edition ‘Best Lawyers’ in America Congratulations to David A. Frenznick and Ernest James Krtil on their election to the 2018 Edition ‘Best Lawyers in America.’ Read the court decision
Read the full story...
Reprinted courtesy of Wilke Fleury

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES