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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


    Congratulations to Partner Nicole Whyte on Being Chosen to Receive The 2024 ADL’s Marcus Kaufman Jurisprudence Award

    Contractor Sued for Contract Fraud by Government

    Governor Bob Ferguson’s Recent Executive Orders – A Positive Sign for Washington’s Construction Industry

    Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims

    Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy

    Housing Affordability Down

    Contractor Beware: Design-Build Firms Must Review Washington’s Licensing Requirements

    Supreme Court of California Rules That Trial Court Lacking Subject Matter Jurisdiction May Properly Grant Anti-SLAPP Motion on That Basis, and Award Attorney’s Fees

    Insurance Agent Sued for Lapse in Coverage after House Collapses

    The Right to Repair Act (Civ.C §895 et seq.) Applies and is the Exclusive Remedy for a Homeowner Alleging Construction Defects

    Arbitration is Waivable (Even If You Don’t Mean To)

    Five Reasons to Hire Older Workers—and How to Keep Them

    Is Drone Aerial Photography Really Best for Your Construction Projects?

    Court Says No to Additional Lawyer in Las Vegas Fraud Case

    Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole

    A Race to the Finish on Oroville Dam Spillway Fix

    Homeowner may pursue negligence claim for construction defect, Oregon Supreme Court holds

    Construction Litigation Roundup: “Give a Little Extra …”

    Ambitious Building Plans in Boston

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

    Construction News Roundup

    U.S. Stocks Fluctuate Near Record After Housing Data

    New Certification Requirements for Veteran-Owned Small Business Concerns and Service-Disabled Veteran-owned Small Business Concerns Seeking Public Procurement Contracts

    Insurer's Denial of Coverage to Additional Insured Constitutes Bad Faith

    Reinsurer Must Reimburse Health Care Organization for Settlement Costs

    The Death of Retail and Legal Issues

    Pennsylvania Civil Engineers Give the State's Infrastructure a "C-" Grade

    2019 Legislative Changes Affecting the Construction Industry

    Coverage Denied for Ensuing Loss After Foundation Damage

    New EPA Regulation for Phase I Environmental Site Assessments

    Forget Palm Springs—Santa Fe Is the New Mecca for Modern Architecture

    Chicago Debt Document Says $8.5B O'Hare Revamp May Be Delayed

    ASCE and Accelerator for America Release Map to Showcase Projects from Bipartisan Infrastructure Law

    As Natural Gas Expands in Gulf, Residents Fear Rising Damage

    Boston Contractor Faces More OSHA Penalties

    ASCE Releases New Report on Benefits and Burdens of Infrastructure Investment in Disadvantaged Communities

    Florida’s New Civil Remedies Act – Bulletpoints As to How It Impacts Construction

    Los Angeles Construction Sites May Be on Fault Lines

    Nine ACS Lawyers Recognized as Super Lawyers – Two Recognized as Rising Stars

    Construction Firm Sues Town over Claims of Building Code Violations

    More Money Down Adds to U.S. First-Time Buyer Blues: Economy

    How to Mitigate Lien Release Bond Premiums with Disappearing Lien Claimants

    Pennsylvania’s Supreme Court Limits The Scope Of A Builder’s Implied Warranty Of Habitability

    Don’t Fall in Trap of Buying the Cheapest Insurance Policy as it May be Bad for Your Business Risks and Needs

    So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?

    Association Bound by Arbitration Provision in Purchase-And-Sale Contracts and Deeds

    Wharf Holdings to Sell Entire Sino-Ocean Stake for $284 Million

    First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period

    In South Carolina, Insurer's Denial of Liability Does Not Waive Attorney-Client Privilege for Bad Faith Claim

    No Coverage for Building's First Collapse, But Disputed Facts on Second Collapse
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Cambridge's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

    Insurer Not Responsible for Insured's Assignment of Policy Benefits

    February 21, 2022 —
    The Florida Court of Appeals affirmed the lower court's granting summary judgment to the insurer after failing to abide by an assignment to which it was not a party. Expert Inspections, LLC v. United Property & Cas. Ins. Co., 2022 Fla. App. LEXIS 88 (Fla. Ct. App. Jan. 5, 2022). The insured's property sustained damage from Hurricane Irma resulting in a covered loss. The insured retained Expert Inspections to perform mold-related services. As payment, the insured assigned her policy benefits pursuant to an assignment of benefits agreement. Under the agreement, the insured agreed to cooperate with the assignee to ensure that payments were made by the insurer upon completion of work. The insured gave authority to the assignee to endorse any checks with her name listed on the check. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Use of Dispute Review Boards in the Construction Process

    December 27, 2021 —
    Dispute Review Boards: Overview Problems, disagreements and claims arise in most large and complex construction projects regardless of the project delivery method. These disputes can and do delay and significantly increase the cost of the project. Dispute Review Boards, also known as Dispute Resolution Board, Dispute Board, Dispute Avoidance Board or DRB, are often found in large construction projects to assist the parties to minimize, resolve or avoid disputes and mitigate adverse impacts to projects. To date, over $270 billion worth of construction projects have used the dispute review board process to avoid numerous disputes and achieve significant savings.[1] Unlike mediation and arbitration, a DRB is convened at the very beginning of the project and conducts regular meetings and visits at the project site throughout, allowing the DRB to discuss, observe and monitor construction, progress and potential disputes. At these meetings, DRB members become familiar with many of the facts and acquaint themselves with the job site personnel. If a dispute is submitted to them, the panelists have a great deal of knowledge about the circumstances of the problem to aid them in reaching their recommendations or conclusions. DRBs also encourage open and honest communications among or between the parties during the project, which in turn, encourages avoidance or resolution of disputes before they become formal claims. In short, the DRP process involves real-time discussion of the dispute with highly qualified people who know the particular project from day one and can provide recommendations on how to resolve disputes. Read the court decision
    Read the full story...
    Reprinted courtesy of Sarah B. Biser, Fox Rothschild LLP
    Ms. Biser may be contacted at sbiser@foxrothschild.com

    California’s Prompt Payment Laws: Just Because an Owner Has Changed Course Doesn’t Mean It’s Changed Course on Previous Payments

    April 20, 2016 —
    We’ve written before about California’s prompt payment laws which are designed to help contractors get paid in a timely and orderly fashion, which is always nice, right? California’s prompt payment laws require that project owners pay their direct contractors, who are in turn required to pay their subcontractors who are in turn required to pay their sub-subcontractors and so on within certain statutorily set deadlines, or be subject to prompt payment penalties nearly as high as the interest you pay on your credit cards. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Used French Fry Oil Fuels London Offices as Buildings Go Green

    December 10, 2015 —
    PricewaterhouseCoopers LLP’s office above Charing Cross railway station in London is cooled, heated and fueled by an unlikely source: used cooking oil. The system, which helped the property become the greenest building in the U.K. capital, uses oil refined less than two miles away at London Bridge. It also helps prevent an invisible problem: “fatbergs” formed when oils dumped in drains and pipes congeal with baby wipes and diapers and block the city’s sewers. “We’re using London’s waste to fuel a London office building,” said Jon Barnes, head of building at PwC. The system contributed toward a one-third reduction in electricity costs after a two-year refurbishment of the One Embankment Place office building that finished last year. Read the court decision
    Read the full story...
    Reprinted courtesy of Siobhan Wagner, Bloomberg

    A Guide to Evaluating Snow & Ice Cases

    December 13, 2021 —
    New York, N.Y. (November 9, 2021) - As the winter season nears, defendant property owners are reminded that New York law imposes liability for sidewalk accidents resulting from slip and falls on snow and ice. Within the City of New York, Administrative Code § 7-210 imposes liability on the owners of real property (other than single-family dwellings) to maintain an abutting sidewalk in a reasonably safe condition, which includes the removal of snow and ice. Some of the most important issues in this area of the law were recently reaffirmed by New York’s Appellate Division in Zamora v. David Caccavo, LLC, 190 A.D.3d 895 (2d Dept. 2021). In particular, that the Court of Appeals made clear in 2019 that the statutory non-delegable duty to remove snow and ice from sidewalks extends even to out-of-possession landowners, who, although they may shift the work of maintaining the sidewalk to another, "cannot shift the duty, nor exposure and liability for injuries caused by negligent maintenance, imposed under [Administrative Code §] 7-210." Xiang Fu He v. Troon Mgt., Inc., 34 N.Y.3d 167, 174 (2019). In other words, even if the defendant leases the property to a tenant who is obligated under the lease to maintain the property in every way, including snow and ice on sidewalks, the defendant cannot escape liability by claiming the tenant is solely responsible for the plaintiff’s loss. On the other hand, property owners are not strictly liable for all personal injuries that occur on the abutting sidewalks, because the statute "adopts a duty and standard of care that accords with traditional tort principles of negligence and causation." Xiang Fu He v. Troon Mgt., Inc., 34 N.Y.3d at 171. Read the court decision
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    WA Supreme Court Allows Property Owner to Sue Engineering Firm for Lost Profits

    February 25, 2014 —
    In the Daily Journal of Commerce, Scott A. Smith and James H. Wendell discussed the recent Washington Supreme Court decision in Donatelli v D. R. Strong Consulting Engineers. The court’s ruling casts “doubt on a company's ability to limit its liability for economic losses arising out of a contract dispute.” The Donatellis hired D. R. Strong Consulting Engineers to develop vacant land in King County, however, the “project did not go according to plan and the real estate market collapsed before the project was completed,” according to the Daily Journal of Commerce. The “Donatellis lost their property through foreclosure” and then “sued the engineering firm for more than $1.5 million in lost profits.” D. R. Strong Consulting Engineers asked for the negligence claims to be dismissed “because the parties' contract contained a provision limiting the engineering firm's liability to the amount of its fee for ‘any injury or loss on account of any error, omission, or other professional negligence.’” However, the Washington Supreme Court ruled that “the case could proceed in the trial court on a theory that the engineers could be liable if they made negligent misrepresentations that induced the Donatellis to enter into the contract in the first place.” Smith and Wendell stated that because of “this decision, engineering, architectural, construction, and other professional service companies may now face damage claims they thought they were contractually protected against.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    AIA Releases Decennial 2017 Updates to its Contracts Suites

    June 29, 2017 —
    The American Institute of Architect’s (AIA) suite of design and construction documents are among the most popular industry form contracts. Every ten years the AIA reviews and updates its core documents, and early this Spring, announced the release of its updated contract documents. Among the new changes include:
    • Communications Between Owners and Contractors: Expands the ability of owners and contractors to communicate directly while maintaining an architect’s ability to remain informed about communications that affect the architect’s services.
    • Owners’ Financial Ability to Pay for Project: Clarifies provisions requiring owner to provide proof it has made financial arrangements to pay for project.
    • Contractor Pay Application Requirements: Simplifies provisions for contractors to apply for, and receive, payments.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Be Careful with Mechanic’s Lien Waivers

    June 09, 2016 —
    Mechanic’s liens are near and dear to my heart here at Construction Law Musings. These powerful tools can and should be properly used to help you, as a construction professional, get paid for your good work. Of course, the correct steps toward perfecting one of these liens must be followed, including being sure to meet the stringent lien deadlines. I’ve discussed the steps for filing such a lien and the various pitfalls relating to the very picky statutory requirements for recording an enforceable memorandum of lien in Virginia. One important area that I have not discussed as thoroughly as these basic requirements (and an area of which I have been reminded by my pals at the Construction Payment Blog) is the area of mechanic’s lien waivers. While the Virginia General Assembly has ended the days of pre-payment contractual waiver of mechanic’s lien rights for subcontractors and suppliers, mechanic’s lien waivers that waive rights either simultaneous with or after receipt of progress and final payments are still valid and used on a regular basis. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com