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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


    Red Tape Is Holding Up a Greener Future

    Recent Developments Involving Cedell v. Farmers Insurance Company of Washington

    Construction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or Engineer

    Ohio Does Not Permit Retroactive Application of Statute of Repose

    Harmon Tower Demolition on Hold

    “Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies in Which a Party is Not an Additional Insured

    Arctic Roads and Runways Face the Prospect of Rapid Decline

    New Jersey Rules that Forensic Lab Analysts Can’t be Forced to Testify

    Smart Cities Offer New Ideas for Connectivity

    Housing Starts Surge 23% in Comeback for Canadian Builders

    GIS and BIM Integration Will Transform Infrastructure Design and Construction

    Construction Costs Absorb Two Big Hits This Quarter

    Alabama Limits Duty to Defend for Construction Defects

    Contractor Gets Benched After Failing to Pay Jury Fees

    Anthony Luckie Speaks With Columbia University On Receiving Graduate Degree in Construction Administration Alongside His Father

    Washington First State to Require Electric Heat Pumps

    Connecticut Supreme Court Again Asked to Determine the Meaning of Collapse

    Second Circuit Finds Potential Ambiguity in Competing “Anti-Concurrent Cause” Provisions in Hurricane Sandy Property Loss

    Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act

    Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act

    Blackstone to Buy Apartments From Greystar in $2 Billion Deal

    U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage

    Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

    DoD Testing New Roofing System that Saves Energy and Water

    Attorney's Erroneous Conclusion that Limitations Period Had Not Expired Was Not Grounds For Relief Under C.C.P. § 473(b)

    Lewis Brisbois Listed as Top 10 Firm of 2022 on Leopard Solutions Law Firm Index

    Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel

    Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways

    California Contractors: New CSLB Procedure Requires Non-California Corporations to Associate All Officers with Their Contractor’s License

    Supreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in Addition to Repair Costs Resulting From Property Damage

    Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law FirmsTM of 2023 by Construction Executive

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    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    North Carolina, Tennessee Prepare to Start Repairing Helene-damaged Interstates

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    Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

    Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order

    Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible

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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Cambridge, Massachusetts Building Expert Group provides a wide range of trial support and consulting services to Cambridge's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Cambridge, Massachusetts

    Neighbor Allowed to Remove Tree Roots on Her Property That Supported Adjoining Landowners’ Two Large Trees With Legal Immunity

    July 14, 2016 —
    A recent Washington Court of Appeals opinion addressed the rights of a neighbor to destroy roots and branches on her property that belonged to trees located on an adjoining landowner’s property.[1] Mustoe had two large Douglas-fir trees located entirely on her property, about two and one-half feet from the property line with her neighbor Ma. Ma caused a ditch to be dug on her property along the border with Mustoe’s lot. The ditch was 18-20 inches deep. In the process, Ma exposed and removed the trees’ roots, leaving them to extend only three-four feet from the trunks of the trees. This resulted in a loss of nearly half of the trees’ roots, all from the south side, exposing them to southerly winds with no support. The damaged trees posed a high risk of falling on Mustoe’s home. The landscape value of the trees was estimated to be $16,418. The cost of their removal was estimated to be $3,913. Mustoe filed suit against Ma asserting that Ma had negligently, recklessly, and intentionally excavated and damaged her trees, along with other property, and also sought emotional distress damages. The trial court dismissed Mustoe’s suit. The Court of Appeals affirmed. Read the court decision
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    Reprinted courtesy of Paul R. Cressman, Jr., Ahlers & Cressman PLLC
    Mr. Cressman may be contacted at pcressman@ac-lawyers.com

    DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case

    April 10, 2019 —
    On February 14, the U.S. District Court for the District of Columbia dismissed the complaint of the National American Butterfly Association (NABA) alleging that the U.S. Government’s border wall preparation and law enforcement activities at NABA’s National Butterfly Center, located in South Texas along the Rio Grande River, violated federal environmental laws (National Environmental Policy Act (NEPA)) and the Endangered Species Act (ESA)) as well as NABA’s constitutional rights. The case is National American Butterfly Association v. Nielsen, et al. On January 25, 2017, the President issued an Executive Order to the Secretary of the Department of Homeland Security (Secretary) to “take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border” with Mexico. A few weeks later, the Secretary issued a memorandum to the U.S. Customs and Border Enforcement to implement the Executive Order. The land occupied by the NABA has been affected by these actions, as well as other actions taken by the Secretary pursuant to her authority under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), located at 8 U.S.C. § 1103. 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

    Related’s $1 Billion Los Angeles Project Opens After 15-Year Wait

    August 22, 2022 —
    It’s taken 15 years — longer than the time to finish Manhattan’s Hudson Yards — for Related Cos. to complete the Grand LA, a $1 billion hotel, residential and retail complex designed by star architect Frank Gehry. The Los Angeles hilltop development’s 28-floor Conrad hotel opens July 6, and the first tenants move into a neighboring 45-story apartment tower on July 15. The retail section — a mall-like space between the two towers for restaurants and boutiques — debuts in 2023. Grand LA rises across Grand Avenue from Gehry’s aluminum-clad Walt Disney Concert Hall, home of the Los Angeles Philharmonic. Nearby palaces of culture include the Dorothy Chandler Pavilion, the Ahmanson Theatre, the Broad art museum, Los Angeles Museum of Contemporary Art and the Colburn School, a music and dance academy. Read the court decision
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    Reprinted courtesy of John Gittelsohn, Bloomberg

    Cerberus, Blackstone Loosening Credit for U.S. Landlords

    July 09, 2014 —
    U.S. property owners with just one rental house can now get cash from Wall Street to buy more. Cerberus Capital Management LP, which initially targeted landlords with multimillion-dollar loans, is financing low-volume deals for small investors through its FirstKey Lending, with looser terms than government-backed mortgages from Fannie Mae and Freddie Mac, said Randy Reiff, the business’s chief executive officer. Blackstone Group LP (BX)’s rental lending arm, B2R Finance LP, is making a similar push to mom-and-pop landlords. “Our premise has always been to be able to lend to the middle market and entrepreneurial borrowers in the space, not just the institutional borrowers,” Reiff said. “The biggest guys have always enjoyed access to capital. The largest part of this market is really the entrepreneurial owners.” The companies are competing to lend to owners of the almost 14 million rental houses in the U.S. at a time when many Americans are struggling to get a mortgage and homeownership is declining. Cerberus and Blackstone, along with Colony Capital LLC, also are racing to package debt on homes managed by separate landlords for the first multiborrower bond sale. Ms. Perlberg may be contacted at hperlberg@bloomberg.net; Mr. Gittelsohn may be contacted at johngitt@bloomberg.net Read the court decision
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    Reprinted courtesy of Heather Perlberg and John Gittelsohn – Bloomberg

    Bid Protests: The Good, the Bad and the Ugly (Redeux)

    September 17, 2014 —
    This past week I gave a presentation on a panel entitled “Bid Protests: The Good, the Bad and the Ugly” before my local bar association. Thanks to those who attended, my co-presenters and the bar association for sponsoring. Rather than letting my notes gather dust I thought I would share some of the highlights. What is a bid protest? A bid protest is the procedure by which a bidder protests the rejection of its bid or award of a public works contract to another bidder. A bid protest may occur in one of two situations: (1) A public entity rejects the bid of an apparent low bidder and the apparent low bidder protests the rejection; or (2) A public entity awards the contract to the apparent low bidder and another bidder protests the award. 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

    Nevada Assembly Sends Construction Defect Bill to Senate

    June 06, 2011 —

    In a 26 to 16 vote, the Nevada Assembly has passed Assembly Bill 401, which extends the time limit for legal action over home construction defects. According to the Las Vegas Sun, Assembly member Marcus Conklin, Democrat of Las Vegas, said the bill was about “keeping the consumer whole.” However, Ira Hansen, Republican of Sparks, told the sun that suits are happening before contractors can make repairs. The bill would allow attorney fees even if repairs are made.

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    New York Court Rejects Owner’s Bid for Additional Insured Coverage

    September 06, 2021 —
    Tenders for additional insured coverage in construction accidents are frequently litigated in New York courts. Although the past few years have seen changes in the law regarding the causal nexus between the named insured’s work and coverage for the purported additional insured, courts often find there is at least a duty to defend the additional insured where there are allegations of the employer/subcontractor’s presence at the site. An exception is the recent decision in Gemini Insurance Company v. Certain Underwriters at Lloyd’s, London, Index No. 652669/20 in the Supreme Court of the State of New York, County of New York (Lebovits, J.). In that case, Gemini insured the owner and general contractor of a construction project, and Lloyd’s insured the injured claimant’s employer under a policy endorsed to provide additional insured coverage to entities who “have agreed in writing in a contract or agreement” with the named insured that they must be “added as additional insured.” Although the court found that the contracts here satisfied this requirement for additional insured coverage, the court’s analysis did not end there. Noting that even where such contract exists, the Lloyd’s policy would not provide additional insured coverage “in all circumstances” (emphasis in original), the court next considered whether the underlying injury was “caused in whole or in part by: 1. [The named insured’s] acts or omissions, or 2. The acts or omissions of those acting on [the named insured’s] behalf,” as required under the endorsement’s wording. Read the court decision
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    Reprinted courtesy of Eric D. Suben, Traub Lieberman
    Mr. Suben may be contacted at esuben@tlsslaw.com

    Insurance Law Alert: California Appeals Court Allows Joinder of Employee Adjuster to Bad Faith Lawsuit Against Homeowners Insurer

    April 08, 2014 —
    In Bock v. Hansen (No. A136567, filed 4/2/14), a California appeals court held that an adjuster employed by an insurer can be sued personally for falsely representing that a first party claimant's policy does not cover a loss. In Bock, a 41-foot long, 7,300 pound tree limb crashed onto the insureds' home, damaging the roof, chimney, living room walls, windows and floors. The assigned adjuster was alleged to have engaged in "appalling" conduct, including instructing the insureds to clean up the damage themselves (leading to personal injury); denying that the tree cracked the chimney; insulting and disparaging the insureds; altering the scene before taking photographs; misrepresenting the terms of the policy; preparing false claim reports; conspiring with a contractor to prepare an intentionally false report; and knowingly relying on the false report in order to deny a legitimate claim. The homeowners sued the insurer and named the adjuster personally on causes of action for negligent misrepresentation and intentional infliction of emotional distress. But the adjuster demurred arguing that he could not be sued personally because, as an employee of the insurer, he owed no duty to the insureds. The adjuster relied on Sanchez v. Lindsey Morden Claims Services, Inc. (1999) 72 Cal.App.4th 249 and Lippert v. Bailey (1966) 241 Cal.App.2d 376, to argue that employees and agents of insurers cannot be held personally liable since, under the law of agency, the proper cause of action is against the principal and not the agent. Reprinted courtesy of Valerie Moore, Haight Brown & Bonesteel LLP and Christopher Kendrick, Haight Brown & Bonesteel LLP Ms. Moore may be contacted at vmoore@hbblaw.com; Mr. Kendrick may be contacted at ckendrick@hbblaw.com Read the court decision
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    Reprinted courtesy of