Cambridge Massachusetts Building Expert Directory

Recommencing Construction on a Project due to a Cessation or Abandonment

October 26, 2017 — David Adelstein - Florida Construction Legal Updates
There are instances where the owner of a construction project terminates its general contractor prior to the completion of the project. There are instances where the owner suspends the work prior to the completion of the project, meaning there is a cessation in the construction. And, there are instances where the project is simply abandoned. I have been involved in all instances, and the owner’s reasons vary…from an owner claiming a termination for default, termination for convenience, or a suspension or abandonment due to the market or financial factors. Regardless of the owner’s reasoning, at some point—hopefully—the owner will want to resume or, more properly stated, recommence construction and complete the project. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

November 23, 2016 — Lindsay K. Taft – Ahlers & Cressman PLLC Construction Law Blog
Rotech Healthcare, Inc., a healthcare contractor, recently successfully protested the award of a home oxygen and durable medical equipment contract by the Department of Veterans Affairs to Lincare, Inc. based on an unsupported past performance evaluation and allegations of an unequal discussion. See GAO Protest File Number: File: B-413024 (August 17, 2016). The Request for Proposals (“RFP”) provided that award would be made on a “best value” basis to the offeror whose proposal was most favorable to the government[…] Read the court decision
Read the full story...
Reprinted courtesy of Lindsay K. Taft, Ahlers & Cressman PLLC Construction Law Blog
Ms. Taft may be contacted at ltaft@ac-lawyers.com

The Overlooked Nevada Rule In an Arena Project Lawsuit

August 04, 2016 — Scott Van Voorhis – Engineering News-Record
When crunching the numbers on the construction wrap-up program for the T-Mobile Arena project outside Las Vegas, insurance broker Aon Risk Services South allegedly failed to take into account a Nevada workers’ compensation rule, one of many intricate features of the state’s workers’ compensation regulations. Others had apparently missed this aspect of the rule, too. “Many business owners and executives are unaware of this regulation and … are paying more premium to their workers’ compensation carriers than they should be,” warned Bradley Rowe, a commercial insurance broker in Las Vegas, in a blog post in 2014. Two years later, the prime contractor joint venture on the completed $230-million arena is battling in court with Aon, charging the broker with professional negligence and breach of contract, according to court documents filed in U.S. District Court in Nevada. Read the court decision
Read the full story...
Reprinted courtesy of Scott Van Voorhis, Engineering News-Record
You may send questions or comments to enr.com@bnpmedia.com

Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment

February 27, 2023 — Tred R. Eyerly - Insurance Law Hawaii
Given the opposing experts' contradictory reports, the court denied both the insured and insurer's motions for summary judgment regarding coverage for a pipe leak. Pronti v. Hanover Ins. Co., 2022 U.S. Dist. LEXIS 222306 (W.D. N. Y. Dec. 9, 2022). The insured had a swimming poll and spa, which functioned using a subsurface plumbing system, covered with concrete decking. A subsurface pipe began to leak, preventing the pool from properly functioning. The insureds gave notice under their homeowners' policy and contended that significant portions of the pool, spa, concrete decking and other landscaping had to be torn out to do repairs. The insurer retained an expert, Sarah G. Byer, a structural engineer, to investigate. The parties agreed that the pipe had a leak, but disputed if the location of the leak was specifically identified. The parties also disputed the cause of the leak. Byer found that the most likely cause was deterioration incurred over the pipe's lifetime based on the age of the plumbing system and Byer's personal observation of the pipe. Byer further stated that the physical qualities of flexible PVC piping made it susceptible to damage from chlorine and water over time. 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

Design Professionals Owe a Duty of Care to Homeowners

July 09, 2014 — Stephen A. Sunseri - Gatzke Dillon & Ballance LLP
Today, the California Supreme Court, in Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (Jul. 3, 2014, S208173) __Cal.4th__ [2014 WL 2988058], held that architects owe a duty of care to future homeowners of residential buildings, particularly if they act as principal architects on a project, and are not subordinate to any other design professional. Until now, design professionals were rarely held liable, if at all, for third-party claims for design deficiencies. In Beacon, architectural and engineering firms provided sole design services for The Beacon residential condominium project, a 595 unit project located in San Francisco. The condominiums were initially leased after construction, but were eventually sold to individual owners. The design firms claimed their role was limited to only providing design recommendations to the project's owner, who ultimately controlled and directed which design elements to construct. Not long after completion of the project, the homeowners' association sued the design firms (among others) for construction defects and damages related to alleged water infiltration, inadequate fire separations, structural cracks, and other purported safety hazards. The claims included allegations under SB 800 (the "Right to Repair Act," Civil Code §895, et seq.) and common law negligence theories. The design firms demurred to the complaint, which the trial court sustained. On appeal, however, the Court of Appeal reversed the trial court's ruling, concluding that the design firms owed a duty of care to third parties. The Supreme Court affirmed. Historically, liability for deficient goods and services hinged on whether there is a contractual relationship between a buyer and seller. However, the Supreme Court recognized that in certain circumstances a contractual relationship is not required. In its ruling, the Supreme Court relied on fifty year old precedent, Biankanja v. Irving (1958) 49 Cal.2d 647. In Biankanja, the California Supreme Court outlined several factors to determine whether a duty of care is owed to non-contracting third parties. Although Biankanja analyzes many factors, emphasis was placed placed on whether a purported harm was foreseeable by a defendant's conduct and how close of a connection there is between that conduct and an injury. Here, the Court recognized that even though the design firms did not actually build the project, they did conduct weekly inspections, monitored contractor compliance, altered design elements when issues arose, and advised the owners of any nonconforming work. In applying the Biankanja factors to these circumstances, the Supreme Court determined the homeowners were intended beneficiaries of the design work and the design firms' primary role in the project bore a close connection to the alleged injuries. As a result, the Supreme Court held that the allegations in the complaint were sufficient and, if proven, establishes the defendants owed a duty of care to the homeowners' association. Interestingly, the Supreme Court sidestepped the issue of whether SB 800 was intended to exclusively capture design defects in its scope, even though the Court indicated it may. Nevertheless, the Supreme Court's ruling is significant. The case will affect how design professionals allocate risk on future residential projects, perhaps by raising design prices or insuring around the liability exposure. The likely outcome, however, is that design professionals are now targets in construction defect lawsuits. Read the court decision
Read the full story...
Reprinted courtesy of Stephen A. Sunseri, Gatzke Dillon & Ballance LLP
Mr. Sunseri may be contacted at ssunseri@gdandb.com

What To Do When the Government is Slow to Decide a Claim?

October 02, 2015 — Craig Martin – Construction Contractor Advisor
You may know this situation all too well. You’ve submitted your certified claim to the contracting officer and there it sits. You ask for a decision and they say soon, but it’s not soon. And pretty soon, several months have gone by. Since the Court of Federal Claims’ decision in Rudolph and Sletten, Inc. v. U.S., the government may have to decide in 60 days or your claim will be deemed denied which would allow you to file your claim in the Court of Federal Claims. Background Rudolph and Sletten (R&S) were awarded a contract to construct the La Jolla Laboratory. On August 20, 2013, R&S submitted a certified claim seeking $26,809,003 as compensation for costs due to alleged government-caused delays and disruption, additional consultant costs and extra work. Read the court decision
Read the full story...
Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

What the FIU Bridge Collapse Says About Peer Review

September 23, 2019 — Richard Korman & Scott Judy - Engineering News-Record
Attorneys for families of the six people who were killed and for survivors of 2018’s Florida International University pedestrian bridge collapse say Louis Berger Group is the last defendant that has not yet agreed to settle lawsuits in state court in Miami. The legal actions target companies that designed and built the bridge. Reprinted courtesy of Richard Korman, Engineering News-Record and Scott Judy, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Mr. Judy may be contacted at judys@enr.com Read the court decision
Read the full story...
Reprinted courtesy of

Three Construction Workers Injured at Former GM Plant

March 26, 2014 — Beverley BevenFlorez-CDJ STAFF
In Linden, New Jersey, three construction workers were injured “when they were apparently struck by steel girders while working at the former General Motors site” police told NJ.com. Mayor Richard Gerbounka stated that the “[s]ix struts that would support the deck or ceiling of a warehouse collapsed.” He also mentioned that the city “has been trying to redevelop the former General Motors site for years, but has run into several obstacles, including lawsuits from nearby businesses opposed to retail construction.” Several construction vehicles were “nearly buried under” debris and “[a]t least one I-beam girder and several decking struts—all metal—remain across several heavy construction vehicles,” NJ.com reported. The owner of the vehicles stated “he was told that workers were standing around the vehicles preparing to start their day when high winds knocked down at least one I-beam and several metal decking struts.” In another article published late afternoon on March 26th, NJ.com reported that “high winds” were the cause of the accident. “The federal Occupational Safety and Health Administration is investigating the accident and all work at the site has been suspended pending the investigation,” according to the article. “Officials said OSHA inspectors had been at the scene once before, but declined to give details because of a continuing investigation.” Read the full story, NJ.com AM... Read the full story, NJ.com PM... Read the court decision
Read the full story...
Reprinted courtesy of

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES