Cambridge Massachusetts Building Expert Directory

Gloria Gaynor Sues Contractor over Defective Deck Construction

October 22, 2013 — CDJ STAFF
Gloria Gaynor, known for her 1978 disco hit, “I Will Survive” is suing the firm that renovated her second-floor deck, alleging that the work lead to water intrusion into her home. Ms. Gaynor also accuses the company of consumer fraud, alleging that Diaz Landscape Design & Tree Service LLC lacked registration as a home improvement contractor and failed to obtain a building permit for the structure. Ms. Gaynor paid about $38,000 for the replacement of her deck and other renovations to her property in 2007. Subsequently, the singer noticed “ponding of water on the deck, water damage to wood sills and supports, and the formation of mold,” according to the lawsuit. Diaz Landscape attempted repairs, but “the problems persisted and continue to persist causing further damage.” The lawsuit claims that the cost of replacing the defective deck construction would cost about $120,000. Read the court decision
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Big League Dreams a Nightmare for Town

April 03, 2013 — CDJ STAFF
The town of Gilbert, Arizona had their own big dreams for Big League Dreams Gilbert, which the town was convinced would bring in financial benefits. Now the amateur sports complex is plagued by defects and failing infrastructure. The town was wondering how to create sufficient recreation facilities when Big League Dreams made a proposal that would bring tax revenue from a new stadium complex. Ten years later, Gilbert says it’s not getting enough of the revenue from the parks. The proposal, created by Big League Dreams, estimated an economic benefit of $40 million over 30 years with a construction cost of $22.7 million. Instead, construction ran to $42.7 million and over the last two years the town has received only $250,570. Then there are the construction defects. The structure was warranteed for only one year. That warrantee long over, the complex has problems with various concrete surfaces and has generated injury claims. The town did not inspect the park after Big League Dreams started operating it. They later found out that some parts did not conform to code, with 39 problem areas referenced in a report. Some of these included safety issues like missing handrails. Read the court decision
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Hurricane Ian: Discussing Wind-Water Disputes

October 10, 2022 — Randy J. Maniloff - White and Williams LLP
“Most of the Florida homes in the path of Hurricane Ian lack flood insurance, posing a major challenge to rebuilding efforts, new data show. In the counties whose residents were told to evacuate, just 18.5 percent of homes have coverage through the National Flood Insurance Program, according to Milliman, an actuarial firm that works with the program.” That’s how a September 29th article on The New York Times website begins. When it comes to insurance coverage for hurricanes, the oft-stated maxim is that homeowner’s policies cover damage caused by wind but not flood waters. Such a low take-up rate for flood insurance policies would seemingly create an incentive for those affected by Hurricane Ian to argue, when feasible, that their property damage, despite appearing to have been caused by flood, was also caused by wind. [And, of course, businesses looking to make business interruption claims, under commercial property policies, will be in the same boat.] Further, even when someone has a homeowner’s policy and a flood policy, there may still be a reason to argue that the loss was caused by wind, as homeowner’s policies often have greater limits than flood policies. [As an important aside, when hurricane damages are covered, homeowner’s policies can have a significant deductible, perhaps up to 10% of a home’s insured value.] Read the court decision
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Reprinted courtesy of Randy J. Maniloff, White and Williams LLP
Mr. Maniloff may be contacted at maniloffr@whiteandwilliams.com

Meritage Acquires Legendary Communities

July 23, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Big Builder, Meritage entered Atlanta through its acquisition of Legendary Communities for $130 million, “completing a two-year quest.” “Probably for about two years, we’ve been looking in the market, talking to builders, and studying the geography, and meeting different people to learn who the players are and learn about the area,” Meritage Homes chairman and CEO Steven J. Hilton told Big Builder. This acquisition makes Meritage Homes “the number one builder in the Greenville-Anderson-Mauldin, S.C. market, owning more than 16 percent of the 2013 market share with 266 closings, according to Metrostudy data. It also owns almost seven percent of the market share in nearby Spartanburg, S.C. with 44 closings.” Legendary fits “in very nicely with what we do at Meritage,” Hilton said to Big Builder. “We’re a strong first and second move up builder, as are they at Legendary. It’s a very complementary fit between the two companies.” Read the court decision
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Ensuing Losses From Faulty Workmanship Must be Covered

May 10, 2012 — Tred R. Eyerly - Insurance Law Hawaii

Coverage for damages resulting from faulty workmanship in the construction of an apartment complex was at issue in The Bartram, LLC v. Landmark Am. Ins. Co., 2012 U.S. Dist. LEXIS 44535 (N.D. Fla. March 30, 2012).

The owner of the apartments, Bartram, had primary coverage and three layers of excess coverage. Each contract excluded loss from faulty workmanship. The policies provided, however, "if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage."

Bartram contended water intrusion occurred because of faulty workmanship, which caused damage to the buildings’ exterior and interior finishes, wood sheathing, framing, balcony systems, drywall ceilings and stucco walls. This damage was separate from the work needed to simply fix the faulty workmanship. Therefore, Bartram argued, the ensuing losses that resulted from the water intrusion was covered.

The insurer argued the ensuing loss exception was not applicable if the ensuing loss was directly related to the original excluded loss.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Hydrogen—A Key Element in the EU’s Green Planning

December 07, 2020 — Matthew Oresman & Henrietta Worthington - Gravel2Gavel Construction & Real Estate Law Blog
GettyImages-1150744671-300x225Hydrogen is gaining global recognition for its potential as a key player in the energy transition. Investors and businesses are exploring opportunities across multiple sectors, including energy, manufacturing, transport and finance. According to a report by Bloomberg, the current pipeline for global hydrogen projects is worth an estimated $90 billion. The EU is not going to be left behind, with a focal point of its Green Deal being on hydrogen. The EU’s executive branch (the European Commission or EC) has confirmed its commitment to increasing hydrogen projects across the bloc, with a priority on green hydrogen. Its Hydrogen Strategy, released in March, states that hydrogen is “essential to support the EU’s commitment to reach carbon neutrality by 2050 and for the global effort to implement the Paris Agreement while working towards zero pollution.” The EU’s executive branch (the European Commission or EC) has confirmed its commitment to increasing hydrogen projects across the bloc, with a priority on green hydrogen. Its Hydrogen Strategy, released in March, states that hydrogen is “essential to support the EU’s commitment to reach carbon neutrality by 2050 and for the global effort to implement the Paris Agreement while working towards zero pollution.” Reprinted courtesy of Matthew Oresman, Pillsbury and Henrietta Worthington, Pillsbury Mr. Oresman may be contacted at matthew.oresman@pillsburylaw.com Ms. Worthington may be contacted at henrietta.worthington@pillsburylaw.com Read the court decision
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More Fun with Indemnity and Construction Contracts!

June 04, 2024 — Christopher G. Hill - Construction Law Musings
Well, I’m back. It’s been quite a while since my last post due to some busy family times and running my law practice. Hopefully, you will hear from me more often in the future. Now. . . on with the post: I have often discussed indemnity provisions here at Construction Law Musings. I’ve posted on a range of things relating to indemnity from when those sticky clauses are unenforceable to what to look out for in such a clause when reviewing your construction contract. A recent case out of Fairfax examines another wrinkle in these indemnity clauses. In Leesburg Pike, Falls Church, LLC v. Paramount Constr. Servs., LLC, the Court examined the language of a fairly typical indemnity clause in a construction contract. The general facts of the case are as follows. The Plaintiff alleged that it owns the property at 6129 Leesburg Pike, that it entered into a contract with Paramount Construction Services LLC to install clothes washers and dryers in individual units at the property, and that, in the process, Paramount (or one of its subcontractors) negligently severed a water pipe, which caused significant damage to the property. The plaintiff’s property insurance carrier agreed to pay the plaintiff $2,598,918.41. But the actual damages exceeded that payment by $952,020.90. The plaintiff sued Paramount for $952,020, pursuant to an indemnity provision in the contract. Paramount demurred to the Complaint arguing that the indemnity clause did not apply to create liability for Paramount. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Recommendations for Property Owners After A Hurricane: Submit a Claim

October 04, 2021 — Kelly A. Johnson, Stephanie A. Giagnorio & Gregory D. Podolak - Saxe Doernberger & Vita, P.C.
If you suffered damage as a result of a hurricane, you should submit a claim under any insurance policy you have that might apply. This includes:

Flood insurance
Homeowner’s insurance
Renter’s insurance
Condo insurance
Auto insurance

Steps for Handling Your Hurricane Insurance Claim

Submit Your Claim. As soon as possible, provide a written notice of claim to your insurer according to the notice provision of your policy. Keep a copy for your records. If you don’t have a copy of your policy, call the insurance company, ask them how to submit your claim, and request a copy of your policy.

Reprinted courtesy of Kelly A. Johnson, Saxe Doernberger & Vita, Stephanie A. Giagnorio, Saxe Doernberger & Vita and Gregory D. Podolak, Saxe Doernberger & Vita Ms. Johnson may be contacted at KJohnson@sdvlaw.com Ms. Giagnorio may be contacted at SGiagnorio@sdvlaw.com Mr. Podolak may be contacted at GPodolak@sdvlaw.com Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES