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    Current Law Summary: Case law precedent


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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


    Changes and Extra Work – Is There a Limit?

    Coverage for Injury to Insured’s Employee Not Covered

    2022 Project of the Year: Linking Los Angeles

    Cities' Answer to Sprawl? Go Wild.

    Goldberg Segalla Welcomes William L. Nimick

    Union THUGS Plead Guilty

    Kaylin Jolivette Named LADC's Construction and Commercial Practice Chair

    Property Insurance Exclusion for Constant or Repeated Leakage of Water

    The Anatomy of a Construction Dispute- The Claim

    Staying the Course, Texas Supreme Court Rejects Insurer’s Argument for Exception to Eight-Corners Rule in Determining Duty to Defend

    Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations

    Construction Slow to Begin in Superstorm Sandy Cases

    Gardeners in the City of the Future: An Interview with Eric Baczuk

    You’re Only as Good as Those with Whom You Contract

    Court Holds That Property Insurance Does Not Cover Economic Loss From Purchasing Counterfeit Vintage Wine

    No Coverage for Tenant's Breach of Contract Claims

    Client Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas

    Noteworthy Construction Defect Cases for 1st Qtr 2014

    Is Your Construction Business Feeling the Effects of the Final DBA Rule?

    Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act

    Michigan Supreme Court Concludes No Statute of Repose on Breach of Contract

    Manhattan Condo Lists for Record $150 Million

    Design-Build Contracting for County Road Projects

    Preparing For the Worst with Smart Books & Records

    New York Bars Developers from Selling Condos due to CD Fraud Case

    Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

    Bid Bonds: The First Preventative Measure for Your Project

    Defective Concrete Blocks Spell Problems for Donegal Homeowners

    Construction Contract Basics: Indemnity

    Contractors Can No Longer Make Roof Repairs Following Their Own Inspections

    Mitigation, Restructuring and Bankruptcy: Small Business Tools in the Era of COVID-19

    Labor Intensive

    Court of Appeal Puts the “Equity” in Equitable Subrogation

    THE CALIFORNIA SUPREME COURT HAS RULED THAT THE RIGHT TO REPAIR ACT (SB800) IS THE EXCLUSIVE REMEDY FOR CONSTRUCTION DEFECT CLAIMS NOT INVOLVING PERSONAL INJURIES WHETHER OR NOT THE UNDERLYING DEFECTS GAVE RISE TO ANY PROPERTY DAMAGE in McMillin Albany LL

    Fungi, Wet Rot, Dry Rot and "Virus": One of These Things is Not Like the Other

    California’s Skilled and Trained Workforce Requirements: Public Works and AB 3018, What You Need to Know

    Is Your Business Insured for the Coronavirus?

    Federal Energy Regulator Approves Rule to Speed Clean Energy Grid Links

    Congratulations to Partner Nicole Whyte on Receiving the Marcus M. Kaufman Jurisprudence Award

    Architectural Firm, Fired by School District, Launches Lawsuit

    Waiver of Subrogation and Lack of Contractual Privity Bars Commercial Tenants’ Claims

    Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

    Run Spot...Run!

    Professional Services Exclusion Bars Coverage Where Ordinary Negligence is Inseparably Intertwined With Professional Service

    Fraud Claims and Breach Of Warranty Claims Against Manufacturer

    Home-Rentals Wall Street Made Say Grow or Go: Real Estate

    Are We Headed for a Work Shortage?

    Case Remanded for Application of Efficient Proximate Cause Doctrine

    Zombie Foreclosures Plaguing Various Cities in the U.S.

    With Historic Removal of Four Dams, Klamath River Flows Again Unhindered
    Corporate Profile

    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Cambridge, Massachusetts Building Expert Group provides a wide range of trial support and consulting services to Cambridge's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Cambridge, Massachusetts

    Pulte’s Kitchen Innovation Throw Down

    December 10, 2015 —
    Pulte Group’s national purchasing director, Kellee Hansen, created a kitchen competition where six unaffiliated manufacturers competed against each other to build a kitchen vignette based on three consumer segments, reported Builder Online. On October 19th, each team had fifteen minutes to present their vignettes to about 100 people. “In our industry, I think we lack some collaboration, historically,” Hansen told Builder Online. “Listening to our suppliers just makes us better and it makes us better as an industry. I think it raises the level for all our peers as well when we listen to our manufacturers.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    No Coverage Under Exclusions For Wind and Water Damage

    March 30, 2016 —
    The Mississippi Supreme Court affirmed the granting of summary judgment to the insurer that there was no coverage under the all risk policy for loss caused by wind and water. Porter v. Grand Casino of Miss., Inc., 2016 Miss. LEXIS 3 (Miss. Jan. 7, 2016). Cherri Porter's home was destroyed during Hurricane Katrina. The destruction occurred when the barge operated by Grand Casino of Mississippi came loose from its moorings and collided with her home. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Homebuilders Are Fighting Green Building. Homeowners Will Pay.

    April 22, 2024 —
    Back in the 1990s, political guru James Carville said he wanted to be reincarnated as the bond market because it could “intimidate everybody.” Here in the 2020s, you might prefer to come back as a homebuilder. The industry has the political muscle to protect its profits at the expense of both homeowners and the climate. In some fast-growing parts of the US, lobbyists are frustrating efforts to make new homes more efficient and compatible with clean technology, making it that much harder for the rest of us to avoid the worst effects of a heating planet. They’re doing it in the name of housing affordability, naturally — but it doesn’t hurt that they’re keeping a lid on homebuilders’ costs at the same time. Their sabotage will cost homeowners much more in the long run. In 2021, the International Code Council, a nonprofit group that every few years suggests building codes for the whole country, released an aggressive set of proposals that could reduce residential carbon emissions and annual energy costs by 9%, according to one estimate. This was in response to a groundswell of requests from local officials to update standards that had long been stagnant. Read the court decision
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    Reprinted courtesy of Mark Gongloff, Bloomberg

    Congratulations to Partner Vik Nagpal on his Nomination for West Coast Casualty’s Jerrold S. Oliver Award of Excellence!

    March 27, 2023 —
    Bremer Whyte Brown & O’Meara, LLP is honored to share that Downtown San Diego and Encinitas Managing Partner Vik Nagpal is nominated for West Coast Casualty’s Jerrold S. Oliver Award of Excellence! Every year, West Coast Casualty recognizes an individual who is committed, trustworthy, and has contributed to the betterment of the construction defect community. The award is named after the late Judge Jerrold S. Oliver who is considered a “founding father” in the alternate resolution process in construction claims and litigation. Each year, members of the construction community are asked to nominate individuals who invoke the same spirit as Judge Oliver. Read the court decision
    Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Surety's Settlement Without Principal's Consent Is Not Bad Faith

    January 05, 2017 —
    The Sixth Circuit found that the surety did not act in bad faith when it settled the general contractor's claims against the State of Michigan over delays on a construction project. Great Am. Ins. Co. v. E.L. Bailey & Co., 2016 U.S. App. LEXIS 20018 (6th Cir. Nov. 7, 2016). Bailey, the general contractor, entered into a surety agreement under which Great American would issue surety bonds on behalf of Bailey in the construction of a kitchen at a State prison. Bailey, the principal, paid Great American (GAIC), the surety, to provide bonds guaranteeing contract performance to the State, the obligee or owner. GAIC provided a performance bond, guaranteeing performance of the contract work, and a payment bond, guaranteeing payments to subcontractors and suppliers. Under the agreement, Bailey would indemnify GAIC for all payments or other expenses GAIC incurred due on either bond, and would pay upon demand collateral in an amount to be determined by GAIC. In the event of an alleged breach by Bailey, the agreement assigned to GAIC all Bailey's rights under its contract with the State and well as all its claims against any party. Bailey never finalized completion, and GAIC reached agreement with the State for another contractor to complete the project. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    PSA: Virginia Repeals Its Permanent COVID-19 Safety Standard

    May 10, 2022 —
    In January of 2021, Virginia was one of the first states to adopt a permanent workplace safety standard setting out employer requirements for COVID safety. Later that same year, the Virginia Department of Labor and Industry updated the standard to make it less confusing and more easily complied with. Now, as of March 21, 2022, DOLI has repealed that permanent standard in response to the changes in COVID guidance and other new information. Instead of a permanent standard, DOLI provides “Guidance for Employers to Mitigate the Risk of COVID-19 to Employees.” This guidance, along with the advice of counsel, should help you in moving forward during the next phase of the COVID pandemic. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Walmart Seeks Silicon Valley Vibe for New Arkansas Headquarters

    June 18, 2019 —
    Walmart Inc. took inspiration from McDonald’s Corp., Apple Inc. and locations like Stanford University when designing the new headquarters that will start taking shape this summer. The 350-acre campus will be located just a few blocks east of Walmart’s current home, a patchwork of more than 20 buildings in Bentonville, Arkansas. It will feature bike paths, food trucks and outdoor meeting areas -- part of an effort to lure younger, digitally-savvy workers to northwestern Arkansas. Read the court decision
    Read the full story...
    Reprinted courtesy of Matthew Boyle, Bloomberg

    Disaster Remediation Contracts: Understanding the Law to Avoid a Second Disaster

    August 30, 2017 —
    In the aftermath of Hurricane Harvey, consumers and contractors should be aware of protections prescribed by the Texas Legislature for Disaster Remediation Contracts. Chapter 58 of the Texas Business and Commerce Code includes several important consumer protections. Consumers should be aware of these protections, and contractors should take care to avoid inadvertent violations. This statute applies to a contractor engaged in “disaster remediation,” in a county subject to a disaster declaration. Those contracts are subject to certain notice provisions and limitations. A violation of Chapter 58 is considered a Deceptive Trade Practice and could subject a violator to both public and private remedies. The full text of Chapter 58 is found here: http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.58.htm. Read the court decision
    Read the full story...
    Reprinted courtesy of Todd Colvard, Peckar & Abramson, P.C.
    Mr. Colvard may be contacted at tcolvard@pecklaw.com