Cambridge Massachusetts Building Expert Directory

Business Risk Exclusion Dooms Coverage for Construction Defect Claim

January 21, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The First Circuit, following Massachusetts law, found that coverage for allegations against the insured contractor for faulty workmanship were barred by the policy's (j) (6) Exclusion. Admiral Ins. Co. v. Tocci Bldg. Corp., 2024 U.S. App. LEXIS 28439 (1st Cir. Nov. 8, 2024). Tocci Building Corporation was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (Toll). There were several work quality issues and delays on the project and Toll eventually terminated Tocci for alleged mismanagement of the project. Toll then filed a lawsuit against Tocci. The claims against Tocci included (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil and settlement due to improperly backfill and soil compaction. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

New Survey Reveals Present-Day Risks of Asbestos Exposure in America - 38% in High-Risk Jobs, 47% Vulnerable through Second-Hand Exposure

April 08, 2024 — The Law Offices of Justinian C. Lane, Esq. - PLLC
AUSTIN, April 04, 2024 (GLOBE NEWSWIRE) -- A recent nationwide survey conducted on the risks of asbestos in America revealed that 38% of respondents have worked in high-risk industries where asbestos was present, while 47% have experienced indirect exposure through family members employed in these high-risk environments. The survey results reflect the fact that, despite the EPA's recent ban on ongoing uses of chrysotile asbestos, the threat of exposure still looms large in the US, underscoring the urgent need for continued vigilance and action to safeguard public health. Compounding the concern is the revelation that only 8% of Americans undergo regular testing. These findings, released today, underscore the urgent necessity for Asbestos Cancer Risk Awareness and routine testing. They emphasize the crucial importance of proactive measures to mitigate the pervasive risks associated with asbestos exposure in the United States. The study was conducted by Researchscape on behalf of The Law Offices of Justinian C. Lane, Esq. - PLLC, a leading firm advocating for testing and compensation for individuals exposed to asbestos on the job and their families who are at risk due to second-hand exposure. According to the survey, 86% of respondents have never undergone any testing for asbestos exposure, while a mere 8% are tested regularly. The lack of testing is particularly concerning among the Gen X demographic who could be at risk due to secondhand exposure from a family member who worked with asbestos when it was still prevalent, with 92% reporting no testing, highlighting the potential risks associated with secondhand exposure. Read the court decision
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Norfolk Southern Agrees to $310M Settlement With Feds Over 2023 Ohio Derailment

June 21, 2024 — James Leggate - Engineering News-Record
Norfolk Southern Corp. has agreed to pay more than $310 million and implement safety improvements as part of a settlement with the U.S. Environmental Protection Agency and U.S. Dept. of Justice over the disastrous February 2023 train derailment in East Palestine, Ohio, officials and the company announced May 23. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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With No Evidence of COVID-19 Being Present, DC Trial Court Finds No Claim for Business Interruption

September 28, 2020 — Tred R. Eyerly - Insurance Law Hawaii
A D.C. Superior Court rejected a business interruption claim due to closures related to the COVID-19 pandemic. Rose's 1, LLC v. Erie Ins. Exchange, Civil Case No 2020 CA 002424 B (Order dated Aug. 8, 2020). The decision is here. Plaintiffs owned a number of restaurants in the District of Coiumbia. Plaintiffs had commercial property coverage in a policy issued by Erie. The policy provided coverage for loss of income sustained due to interruption of business resulting directly from "loss or damage" to the insured property. DC Mayor Bowser issued a series of orders in March 2020 which closed all non-essential businesses, including plaintiffs' restaurants. Plaintiffs filed claims with Erie. When coverage was denied, plaintiffs filed suit. Both sides moved for summary judgment. The dispute centered on whether the closure of the restaurants due to the mayor's orders constituted a "direct physical loss" under the policy. Plaintiffs argued that the loss of use of the restaurants was "direct" because the closures were the direct result of the mayor's orders without intervening action. The court reasoned, however, that the orders were governmental edicts that commanded individuals and businesses to take certain actions. Standing alone and absent intervening actions by individuals and businesses, the orders did not effect any direct changes to the properties. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Peckar & Abramson Once Again Recognized Among Construction Executive’s “Top 50 Construction Law Firms™”

July 02, 2024 — Peckar & Abramson, P.C.
Peckar & Abramson, P.C. (P&A) is pleased to announce that it has once again been ranked among the top of Construction Executive’s (CE) “The Top 50 Construction Law Firms™.” P&A has been recognized in this manner since 2019, the inaugural year of the publication’s rankings. According to CE, its 2024 ranking was the result of a rigorous and comprehensive survey that invited numerous U.S. law firms with a construction practice to participate. The data collected focused on unique metrics such as the firm’s construction practice, number of attorneys and clients, and year of establishment. CE’s algorithm meticulously weighed these factors, among others, to determine the ranking, ensuring the credibility and accuracy of the recognition. Firm Chair Steven M. Charney commented, “We are honored to be recognized as one of Construction Executive’s “Top 50 Construction Law Firms.” This recognition serves as a resounding testament to our commitment to the construction industry and our team’s hard work and dedication. We remain committed to providing exceptional legal services to our clients and striving for excellence in all we do.” The complete rankings and profile are available here. Read the court decision
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Reprinted courtesy of Peckar & Abramson, P.C.

It’s Not Just the Millennium Tower That’s Sinking in San Francisco

December 06, 2021 — Beverley BevenFlorez – CDJ Staff
Much has been reported over the years regarding the sinking Millennium Tower in San Francisco, but now new reports are emerging regarding sinking sidewalks in the Mission Bay neighborhood and images from space demonstrating that the entire Downtown San Francisco area may also be sinking. According to CBS SF BayArea, some sidewalks in Mission Bay have sunk “as much as a foot and more in some spots.” The neighborhood is built upon a landfill, which requires the buildings to be anchored to bedrock—the streets and sidewalks, however, are the property owners’ responsibility. Engineers for the UCSF Medical Center at Mission Bay “took a proactive approach.” CBS SF BayArea alleges, however, that many surrounding condo developers did not. SFGate reported that the sidewalk issue may be difficult to solve “as any fixes to the surface only serve to increase the weight of the pavement, speeding its descent into the landfill.” It may not just be sidewalks and streets that are sinking. U.S Geological Survey research geophysicist Tom Parsons “says earth-based and space-based observations confirm the entire downtown area around it is sinking as well.” According to the NBC Bay Area story, Parsons “estimated settlement of three inches across the entire Bay Area.” The Millennium Tower weighs an estimated 686 million pounds, making it the third heaviest building in San Francisco. However, it is the only one that’s significantly leaning. San Francisco building officials told NBC Bay Area that there are plans in place “to shore up the seawall that protects the Embarcadero.” Read the full story at CBS SF BayArea... Read the full story at SFGate... Read the full story at NBC Bay Area... Read the court decision
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AECOM Out as General Contractor on $1.6B MSG Sphere in Las Vegas

January 18, 2021 — Doug Puppel - Engineering News-Record
Developers of the $1.66-billion MSG Sphere in Las Vegas have removed AECOM as general contractor on the project and will bring construction management in-house for the 875,000-sq-ft entertainment venue, according to a Madison Square Garden Entertainment Corp. statement released Dec. 17. Reprinted courtesy of Doug Puppel, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Over 70 Lewis Brisbois Attorneys Recognized in 4th Edition of Best Lawyers: Ones to Watch in America

September 25, 2023 — Lewis Brisbois
(August 17, 2023) – 75 Lewis Brisbois attorneys across 25 offices have been named to the 4th edition of "Best Lawyers: Ones to Watch in America." Congratulations to the following attorneys on this recognition! You can see the full list of Lewis Brisbois attorneys named to Best Lawyers' 30th edition of The Best Lawyers in America here. Akron, OH

Associate Meleah M. Skillern – Commercial Litigation

Atlanta, GA

Partner Candis R. Jones - Insurance Law, Medical Malpractice Law – Defendants, and Personal Injury Litigation – Defendants

Boston, MA

Partner Amanda Mathieu - Labor and Employment Law – Management

Charleston, WV

Partner Sophie L. Johns - Product Liability Litigation - Defendants

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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES