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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


    Tennessee Court: Window Openings Too Small, Judgment Too Large

    Defense Victory in Breach of Fiduciary Action

    Feds OK $9B Houston Highway Project After Two-Year Pause

    Las Vegas HOA Case Defense Attorney Alleges Misconduct by Justice Department

    Charlotte, NC Homebuilder Accused of Bilking Money from Buyers

    Hake Law Attorneys Join National Law Firm Wilson Elser

    PCL Sues Big Bank for $30M in Claimed NJ Mall Unpaid Work

    Differences in Types of Damages Matter

    Liquidated Damages Clause Not Enforced

    COVID-19 Response: Key Legal Considerations for Event Cancellations

    Shea Homes CEO Receives Hearthstone Builder Humanitarian Award

    Hunton’s Alice Weeks Selected to the Miami Dade Bar’s Circle of Excellence for Insurance Litigation

    CDC Issues Moratorium on Residential Evictions Through 2020

    Drone Operation in a Construction Zone

    Latosha Ellis Joins The National Black Lawyers Top 40 Under 40

    Economy in U.S. Picked Up on Consumer Spending, Construction

    Window Installer's Alleged Faulty Workmanship On Many Projects Constitutes Multiple Occurrences

    Florida Extends Filing Time for Claims Subject to the Statute of Repose

    Toll Brothers Climbs After Builder Reports Higher Sales

    A New Way to Design in 3D – Interview with Pouria Kay of Grib

    Caltrans Hiring of Inexperienced Chinese Builder for Bay Bridge Expansion Questioned

    Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums

    Texas Central Wins Authority to Take Land for High-Speed Rail System

    What Should Business Owners Do If a Customer Won’t Pay

    Nerves of Steel Needed as Firms Face Volatile Prices, Broken Contracts and Price-Gouging

    No Duty to Defend Under Pollution Policy

    2016 Hawaii Legislature Enacts Five Insurance-Related Bills

    Architect Sues over Bidding Procedure

    World Green Building Council Calls for Net-Zero Embodied Carbon in Buildings by 2050

    Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments

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    Render Unto Caesar: Considerations for Returning Withheld Sums

    Alabama Court Determines No Coverage For Insured's Faulty Workmanship

    Palm Beach Billionaires’ Fix for Sinking Megamansions: Build Bigger

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    Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks

    Nevada Senate Minority Leader Gets Construction Defect Bill to Committee

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    Index Demonstrates Increase in Builders’ Sentiment
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
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    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.

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    Cambridge, Massachusetts

    Construction Defects could become Issue in Governor’s Race

    October 22, 2014 —
    According to today’s Denver Business Journal, construction defects have emerged as a potential issue in Colorado’s gubernatorial race. During last night’s debate, Republican challenger Bob Beauprez criticized incumbent Democrat John Hickenlooper for failing to help senators with a last-minute push to enact a bill stripping away homeowner protections in construction disputes. Republicans had argued that the bill was needed to appease apartment developers who claim that quality control and insurance costs are too high on condominium projects. Read the court decision
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    Reprinted courtesy of Jesse Howard Witt, The Witt Law Firm
    Mr. Witt welcomes comments at www.wittlawfirm.net

    Managing Once-in-a-Generation Construction Problems – Part II

    April 03, 2023 —
    Part I of this series discussed the benefits of construction participants using alternative project delivery methods and properly addressing change order issues, rising costs and payment structure issues to manage construction during these uncertain times. Part II below explores the possibility that higher prices and steady consumer demand could lead to an increase in unscrupulous contractor practices—and how owners can mitigate that risk, managing the challenges posed by the unforeseen labor shortage and turnover in the industry and evolving your construction team for short-term and long-term success. Higher Prices and Steady Demand With the demand for construction projects relatively stable, contractors remaining in high demand and a surge in prices for construction materials and components, owners are under great pressure to accept less favorable construction terms. This has presented unscrupulous contractors with perceived leverage over owners and new opportunities to engage in questionable business practices and fraud. Although some contractors may seek to stretch the boundaries of a construction contract, other contractors are more deliberate. Falsifying payment applications and invoices to inflate labor or materials costs, billing for work not yet performed or materials not yet delivered to the project site and manipulating change orders are examples of illicit and fraudulent practices by contractors. Reprinted courtesy of Jeffrey S. Wertman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Hunton Insurance Practice Receives Top (Tier 1) National Ranking by US News & World Report

    June 27, 2022 —
    Hunton Andrews Kurth LLP’s insurance practice has received U.S. News & World Report’s highest national ranking (Tier 1) in its ranking of Best Law Firms for Insurance Law. Law firms are ranked in tiers from 1 (highest) to 3 (lowest) based on quantitative data that speaks to general demographic and background information on the practice group, attorneys, and other data that speaks to the strengths of a law firm’s practice as well as qualitative client feedback about:
    • the practice group’s expertise,
    • responsiveness,
    • understanding of a business and its needs,
    • cost-effectiveness,
    • civility, and
    • whether the client would refer another client to the firm.
    Read the court decision
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    Reprinted courtesy of Hunton Andrews Kurth LLP

    Homebuyers Get Break as Loan Rates Defy Fed Tapering: Mortgages

    February 14, 2014 —
    Ashley Underwood is taking advantage of the unexpected drop in mortgage rates by rushing to buy her first home before they go up again. “I’m ready to cancel plans at a moment’s notice to go look at a house,” said Underwood, 27, who lives in Indianapolis, Indiana. “I didn’t expect to see rates falling again, and I want to lock in something before I lose out.” The drop in the last month proved forecasters wrong, said Douglas Duncan, chief economist of Fannie Mae in Washington. After the Federal Reserve announced in December that it would begin tapering purchases of mortgage-backed securities, all the major housing forecasters said rates would jump this quarter. Economists didn’t foresee that investors would react to the Fed’s retreat by moving money from emerging markets into U.S. Treasuries, driving down home-loan rates. Read the court decision
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    Reprinted courtesy of Kathleen M. Howley, Bloomberg
    Ms. Howley may be contacted at kmhowley@bloomberg.net

    Pennsylvania Supreme Court’s Ruling On Certificates Of Merit And “Gist Of Action” May Make It More Difficult For An Architect Or Engineer To Seek An Early Dismissal

    January 07, 2015 —
    In Bruno v. Erie Ins. Co., the Pennsylvania Supreme Court clarified the gist of the action doctrine that distinguishes between tort and contract claims. In doing this, the Court also ruled that a Certificate of Merit in a professional liability claim is necessary only if the plaintiff is in a direct client relationship with the licensed professional. This clarification of the Certificate of Merit requirement may limit the ability of architects and engineers to obtain an early dismissal in lawsuits. Bruno v. Erie Ins. Co. involves a common scenario. The Brunos filed a claim with their homeowners’ insurer after discovering mold in their home during remodeling. The policy included an endorsement providing coverage for mold. As part of the claim adjustment, Erie hired an engineer to inspect the mold and to provide an opinion on its severity to determine the extent of remediation required. The engineer hired by Erie reported to Mr. Bruno that the mold was harmless, that concern over health problems due to mold was merely a “media frenzy,” and that the Brunos should continue with their renovations. Reprinted courtesy of Jerrold P. Anders, White and Williams LLP and Michael W. Jervis, White and Williams LLP Mr. Anders may be contacted at andersj@whiteandwilliams.com Mr. Jervis may be contacted at jervism@whiteandwilliams.com Read the court decision
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    Reprinted courtesy of

    Aarow Equipment v. Travelers- An Update

    January 16, 2024 —
    Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act. The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if paid” clause coupled with a proper termination could defeat a Miller Act bond claim. However, as I found out a couple of weeks ago at the VSB’s Construction Law and Public Contracts section meeting, the 4th Circuit Court of Appeals reversed and remanded this case in an unpublished opinion (Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co.) In it’s opinion, the 4th Circuit looked at some of the more “interesting” aspects of this case. One of these circumstances was that Syska (the general contractor) directed Aarow to construct sedimentary ponds and other water management measures around the project (the “pond work”), which both agreed was outside of the scope of the work defined in their subcontract. Syska asked that the government agree to a modification of the prime contract and asked Aarow to wait to submit its invoice for the pond work until after the government issued a modification to the prime contract and Syska issued a change order to the subcontract. 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

    Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

    July 10, 2018 —
    In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request for a trial continuance where their key expert witness suddenly became ill twelve days before trial and before his deposition had been taken. Reprinted courtesy of Angela S. Haskins, Haight Brown & Bonesteel LLP and Allegra Perez, Haight Brown & Bonesteel LLP Ms. Haskins may be contacted at ahaskins@hbblaw.com Ms. Perez may be contacted at aperez@hbblaw.com Read the court decision
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    Being deposed—not just for dictators! Depositions in the construction lawsuit (Law & Order: Hard Hat files Part 5)

    January 17, 2013 —
    My husband always finds it amusing when I talk about going “to depose” somebody. He wants to know just exactly what sort of coup d’etat I am planning. Despite the awkward language, the deposition process is not supposed to feel like water boarding, although if you don’t know what to expect it can be more miserable than truly necessary. Simply put, a deposition is a chance for the other side’s lawyer to make you answer a whole bunch of questions (some relevant, some seemingly irrelevant) under oath. That is, first you put your hand on the Bible and swear (or affirm) to tell the truth, the whole truth, and nothing but the truth. In reality, depositions serve a variety of purposes– they educate the lawyers about the facts of the case, they give a preview of how you would “present” to a jury (i.e., would a jury like and believe you?), and they can be used to position a case for certain later dispositive motions (that is, summary judgment– stay tuned for Part 8 of the series on that issue). Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback
    Ms. Brumback can be contacted at mbrumback@rl-law.com