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    Current Law Summary: Case law precedent


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    No state license required for general contracting. Licensure required for plumbing and electrical trades. Companies selling home repair services must be registered with the state.


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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


    Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

    What The U.S. Can Learn from China to Bring Its Buildings to New Heights

    Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

    Landlord Duties of Repair and Covenant of Quiet Enjoyment

    An Obligation to Provide Notice and an Opportunity to Cure May not End after Termination, and Why an Early Offer of Settlement Should Be Considered on Public Works Contracts

    Vancouver’s George Massey Tunnel Replacement May Now be a Tunnel Instead of a Bridge

    NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers

    Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Action Violation

    Virginia General Assembly Helps Construction Contractors

    Citigroup Pays Record $697 Million for Hong Kong Office Tower

    Get Your Contracts Lean- Its Better than Dieting

    Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.

    Maximizing Contractual Indemnity Rights: Components of an Effective Provision

    Structural Problems May Cause Year-Long Delay Opening New Orleans School

    Ninth Circuit Construes Known Loss Provision

    Avoiding Lender Liability for Credit-Related Actions in California

    Lis Pendens – Recordation and Dissolution

    Teaming Agreements- A Contract to Pursue a Solicitation and Negotiate

    California Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the State

    The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

    Michigan: Identifying and Exploiting the "Queen Exception" to No-Fault Subrogation

    CGL Coverage Dispute Regarding the (J)(6) And (J)(7) Property Damage Exclusions

    Federal Court Reiterates Broad Duty to Defend in Additional Insured Cases

    Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs

    Real Estate & Construction News Roundup (5/29/24) – Megaprojects on the Rise, Agency Guidance for CRE, and an Upbeat Forecast for Commercial Real Estate Investment

    Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?

    Storm Debby Is Deadly — Because It’s Slow

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    Brown Orders Mandatory Water Curbs for California Drought

    Insured's Claim for Replacement Cost Denied

    White House Proposal Returns to 1978 NEPA Review Procedures

    Insurer in Bad Faith For Refusing to Commit to Appraisal

    Firm Claims Construction Defects in Hawaiian Homes

    Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment

    UK Court Rules Against Bechtel in High-Speed Rail Contract Dispute

    Rhode Island Finds Pollution Exclusion Ambiguous, Orders Coverage for Home Heating Oil Leak

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    Court Agrees to Stay Coverage Matter While Underlying State Action is Pending

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    Managing Infrastructure Projects with Infrakit – Interview with Teemu Kivimäki

    Construction Litigation—Battles on Many Fronts

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    Corporate Profile

    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. Leveraging 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

    Judgment for Insurer Reversed Due to Failure to Establish Depreciation

    August 01, 2023 —
    The trial court erred in placing the burden on the policyholder to establish depreciation in determining the actual cash value of the loss. SFR Serv., LLC v. Tower Hill Prime Ins. Co., 2023 Fla. App. LEXIS 3570 (Fla. Ct. App. May 26, 2023). The insureds' roof was damaged by Hurricane Irma. They submitted their claim to their insurer, Tower Hill. The cost of repair was assessed at $7,726.94, below the amount of the deductible. Therefore, there was no recovery under the policy. The insureds assigned their claim to SFR Services, LLC, their roofing contractor. SFR submitted a claim to Tower Hill for $162,083.84. Tower Hill refused to pay and SFR sued. 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

    House Passes $25B Water Resources Development Bill

    June 27, 2022 —
    A key federal infrastructure bill advanced with approval in the House of a measure providing $25.3 billion to help finance 22 Army Corps of Engineers storm and flood protection, ecological restoration, harbor dredging and other projects around the country. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    California Joins the Majority of States in Modifying Its Survival Action Statute To Now Permit Recovery for Pain, Suffering And Disfigurement

    January 03, 2022 —
    On January 1, 2022, California Code of Civil Procedure (“CCP”)Section 377.30 et seq., as amended by Senate Bill 447, otherwise known as the “survival action” statute1, goes into effect. On that date, all plaintiffs filing new civil cases filed on or after January 1, 2022, and before January 1, 2026, and plaintiffs in any action or proceeding granted trial preference pursuant to CCP Section 36 before January 1, 2022, will be expressly allowed to recover damages for a decedent’s pain, suffering, or disfigurement in a survival action.2 This is a significant change in California law. In that regard, California is now the 46th state to permit this form of recovery. As reported in the Legislative Counsel’s Digest3, Consumer Attorneys of California and Consumer Federation of California, which co-sponsored Senate Bill 447, opined to the Legislature that the prior law provided a “death discount” to defendants which incentivized bad faith delays in resolution, and caused unnecessary congestion of the already overburdened court system. These argued issues will be vetted by the Legislature using the four-year reporting requirement that is also part of the amendment to the statute, requiring plaintiffs who recover this newly permitted category of damages to report the valuation and details of the case to the Judicial Council within 60 days of the judgment or other operative court document being entered in the court’s docket.4 The amendment will be evaluated by the Legislature for amendment or extension on or before January 1, 2026. Reprinted courtesy of Krsto Mijanovic, Haight Brown & Bonesteel and Elizabeth D. Rhodes, Haight Brown & Bonesteel Mr. Mijanovic may be contacted at kmijanovic@hbblaw.com Ms. Rhodes may be contacted at erhodes@hbblaw.com Read the court decision
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    Reprinted courtesy of

    Preliminary Notices: Common Avoidable But Fatal Mistakes

    August 26, 2019 —
    In the California building and construction industry, service of a “Preliminary Notice” is a prerequisite for Subcontractor and Supplier claims for payment through the Mechanics Lien, Stop Payment Notice and Payment Bond Claim process. Without proper drafting and service of a Preliminary Notice, these extremely valuable claims cannot be protected. Unfortunately, despite the vital importance of the Preliminary Notice, Subcontractors and Suppliers often make common self-defeating mistakes that make their Preliminary Notice efforts completely ineffective, resulting in loss of their claims rights. The purpose of this article is to list some of these common mistakes in the hope that the reader will avoid such mistakes, preserve the integrity of the Preliminary Notice, and protect the claims rights it makes available: Not Sending out the Preliminary Notice Within 20 Days After Supplying Labor or Materials: The protection of a Preliminary Notice begins 20 days before it sent out. This means that if a Subcontractor or Supplier claimant delivered $100,000 in materials on February 1, that same claimant must serve the Preliminary Notice on or before February 21 (the sooner the better), or the claimant will not be able to pursue an enforceable Mechanics Lien, Stop Payment Notice or Payment Bond claim for that $100,000. There are very few exceptions. Best practice: A Subcontractor or Supplier must send out the Preliminary Notice as soon as an agreement to provide work or materials to a California construction project is in place (See California Civil Code 8204). Read the court decision
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    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    Traub Lieberman Elects New Partners for 2020

    February 24, 2020 —
    Traub Lieberman is pleased to announce that Adam P. Joffe and Heather Fleming have been elected to the partnership effective January 1, 2020. “Heather and Adam are terrific additions to our partnership and team. They are both effective, experienced and driven lawyers who work steadfastly on behalf of clients to meet their needs,” said Michael Knippen, firm chair. Adam joined the firm in 2019 and is based in the firm’s Chicago office, which now includes 10 partners. He counsels and represents insurers in complex first-party and third-party coverage litigation. Adam also advises insurers on their coverage obligations under primary and excess commercial lines policies, including commercial general liability, employment practices liability, professional liability, and commercial property policies. Read the court decision
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    Reprinted courtesy of Traub Lieberman

    Back to Basics: What is a Changes Clause?

    July 18, 2018 —
    The Changes Clause is one of the most important, perhaps the most important, provision in any construction contract. Project designs are rarely perfect. A Changes Clause provides a mechanism for dealing with such imperfections as well as allowing project owners the flexibility to update a project’s design as the project progresses. A good Changes Clause specifies when an owner can change the original scope of the contract, how the parties should resolve the value of the changed scope and when payment should be made to the contractor or a credit given to the owner. A good Changes Clause will also provide a mechanism for the contractor to notify the owner when it believes a change order is due and specify the time within which such notice must be given. For the contractor, failure to pay attention to the requirements of the Changes Clause can lead to forfeiture of the right to seek an adjustment to the contract value or contract completion date. For an Owner, failure to pay attention to and enforce the requirements of the Changes Clause can result in unnecessary payments to the Contractor. Read the court decision
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    Reprinted courtesy of J. Cole Phillips, Smith Currie
    Mr. Phillips may be contacted at jcphillips@smithcurrie.com

    Real Estate & Construction News Round-Up (02/08/23) – The Build America, Buy America Act, ESG Feasibility, and University Partnerships

    February 27, 2023 —
    This week’s round-up explores President Joe Biden’s recent State of the Union address and plans for the Build America, Buy America Act, the feasibility of real estate companies achieving their ESG goals, and how developers, lenders, and tenants are partnering with universities to solve real estate challenges.
    • During his annual State of the Union address, President Joe Biden detailed his Build America, Buy America plans and standard to require all construction materials on federal infrastructure projects to be made in the United States. (Jennifer Goodman & Zachary Phillips, Construction Dive)
    • Speculation surrounding the economic environment and real estate stability is testing the feasibility and resilience of the environmental, social and corporate governance (ESG) framework used by corporations to measure their societal impact. (Anna Staropoli, Commercial Observer)
    • Adopting Web3 and decentralization in the real estate industry is projected to bring about significant changes and improvements. (David Bitton, Forbes)
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Canada’s Largest Homebuilder Sets U.S. Growth Plan

    April 01, 2015 —
    According to Builder magazine, after conquering the Canadian market, Mattamy Homes seeks to build more homes in the U.S. Mattamy’s Jim Leiferman had been asked to promote the company in the Orlando-area, however, “he went above and beyond that mission, growing the company’s footprint well beyond the metro area.” Brian Johnson, COO of Mattamy, told Builder, “[Jim Leiferman] was promotable, like any division president, but Jim proved to really, in a very short period of time, have a very strong in understanding of the business. He’s thoughtful and goes beyond our expectations.” Read the court decision
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    Reprinted courtesy of