Cambridge Massachusetts Building Expert Directory

BHA has a Nice Swing: Firm Supports Wounded Warrior Project at WCC Seminar

May 01, 2015 — CDJ STAFF
In just two weeks, the 22nd West Coast Casualty (WCC) Construction Defect Seminar returns to the Disneyland Hotel in Anaheim, California. The annual event begins on Thursday, May 14th, with breakfast and registration starting at 7:30am. Panel discussions on various construction defect related topics begin at 8:30am and continue through the morning and afternoon, followed by a cocktail reception in the early evening. The following day includes break-out sessions with the event concluding in the afternoon. Attendees can enhance their seminar experience with the WCC Construction Defect Seminar Mobile App. The event schedule, speaker information, product information, sponsor details, and interactive floorplan can all be accessed through the app. Furthermore, registered attendees will have access to session presentations. The designated charity for this years’ event is the Wounded Warrior Project and there are several ways for attendees to support this honorable cause. In addition to the opportunity to purchase a “Buy A Banner” to hang in the seminar hall, there will be a traditional raffle for two American Themed quilts donated by Marianne Cutcher. Bert L. Howe and Associates, Inc. has also stepped up to support Wounded Warriors, and attendees will get the chance to help raise money for this cause in the following manner:

If you stop by the Bert L. Howe & Associates (BHA) booth at the seminar and try their “Sink A Putt For Charity” not only will you have the chance to win a $25 Best Buy gift card, but you’ll also have the opportunity to help raise funds for Wounded Warriors. For every hole-in-one made at their booth, BHA will also make a $25.00 cash donation in the golfer’s name to the Wounded Warrior Project. BHA strongly supports the goals and principles of Wounded Warriors, and is honored to assist the organization in fulfilling its mandate of assisting our returning military heroes who are in need.

Download an invitation and register for WCC Seminar... Read the court decision
Read the full story...
Reprinted courtesy of

A Relatively Small Exception to Fraud and Contract Don’t Mix

April 06, 2016 — Christopher G. Hill – Construction Law Musings
Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge. A recent opinion out of the Alexandria division of the U. S. District Court for the Eastern District of Virginia sets out another exception, namely so called fraudulent inducement. In XL Specialty Ins. Co. v. Truland et al, the Court considered the question of whether both a tort and contract claim can coexist in the same lawsuit when the tort claim is based upon the information provided to the plaintiff when that information proves false. Read the court decision
Read the full story...
Reprinted courtesy of Christopher G. Hill, Construction Law Musings
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Fixing That Mistake

October 25, 2021 — Patrick Barthet - Construction Executive
Someone once said, more people could learn from their mistakes if they weren’t so busy denying that they made them in the first place. In the construction industry, mistakes are not uncommon. Addressing them, however, can be complicated. What should a contractor do when the project owner says some aspect of the project is not satisfactorily completed or isn’t performing as it should? Should the contractor wait, hoping it may get resolved without having to do anything? Or should the contractor take on the repair or replacement as soon as practically possible? Doing nothing may be easy but can expose the contractor to significant subsequent liability. Dealing with the issue, on the other hand, could result in the destruction of what might later be required evidence in any litigation which develops. Considered “spoliation,” such manipulation or elimination of evidence is a consequence to be avoided. Even though done with the best of intentions to fix a problem, the process can wind up exposing one to liability and damages. Reprinted courtesy of Patrick Barthet, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of
Mr. Barthet may be contacted at pbarthet@barthet.com

Housing Buoyed by 20-Year High for Vet’s Loans: Mortgages

July 23, 2014 — Prashant Gopal and Jody Shenn – Bloomberg
During his third deployment in Afghanistan, Air Force Staff Sgt. Claude Hunter was so eager to return to the U.S. and buy a house that he signed a contract for a property that his agent showed him over Skype. Hunter got back in time to close the deal, paying $219,000 in May for the four-bedroom Waldorf, Maryland, house that he financed with a U.S. Department of Veterans Affairs mortgage. It didn’t require a down payment. “On Facebook, my friends have started posting: ‘I got my VA loan, I got my house,’” said Hunter, 31. “Everybody is just ready. A lot of them have done their jobs overseas and are coming home.” America’s fragile housing recovery is getting a boost from military buyers using VA mortgages as the U.S. draws down troops after more than a decade of combat in Iraq and Afghanistan. About 4.7 million full-time troops and reservists served during the wars and many are now able to take advantage of one of the easiest and cheapest paths to homeownership. The program’s share of new mortgages, at a 20-year high, is also increasing as other types of government-backed loans have grown more costly. Mr. Gopal may be contacted at pgopal2@bloomberg.net; Ms. Shenn in New York at jshenn@bloomberg.net Read the court decision
Read the full story...
Reprinted courtesy of Prashant Gopal and Jody Shenn, Bloomberg

Hawaii Court of Appeals Affirms Broker's Liability for Failure to Renew Coverage

July 16, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Hawaii Intermediate Court of Appeals affirmed the jury's finding that the broker was liable for failing to secure coverage for the insureds' home. Certain Underwriters at Lloyd's London v. Vreeken, 2014 Haw. App. LEXIS 322 (Haw. Ct. App. June 30, 2014). Based upon their dealings with the broker, the insureds thought they had coverage for their home from March 3, 2004 to March 3, 2005 and from May 9, 2005 to May 8, 2006. The house was elevated nine feet above the ground for structural renovation, but collapsed on May 23, 2005. The original policy had lapsed on March 3, 2005. The second policy was voided because the application prepared by the broker stated there was no renovation work underway on the property. The insureds sued. The jury found the broker and its agent liable for general, special and punitive damages. An appeal was filed. The ICA largely affirmed after addressing the many points raised on appeal. 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

Pay Inequities Are a Symptom of Broader Gender Biases, Studies Show

May 17, 2021 — Pam Radtke Russell, Debra K. Rubin, Janice L. Tuchman & Alisa Zevin - ENR
Pay gaps between men and women are a problem in the AEC industry and beyond—and they are a sign of complex, systemic problems in companies. “It’s more of a symptom,” said Elizabeth Walgram, senior consultant in the compensation and career strategies practice at human resources consulting firm Segal. Reprinted courtesy of Pam Radtke Russell, ENR, Debra K. Rubin, ENR, Janice L. Tuchman, ENR and Alisa Zevin, ENR Ms. Russell may be contacted at Russellp@bnpmedia.com Ms. Rubin may be contacted at rubind@enr.com Ms. Tuchman may be contacted at tuchmanj@enr.com Ms. Zevin may be contacted at zevina@enr.com Read the court decision
Read the full story...
Reprinted courtesy of

Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum

June 10, 2019 — Sean M. Mosman & Mark O. Morris - Snell & Wilmer Under Construction
The Utah Supreme Court recently decided Baker v. Carlson, 2018 UT 59, which considered a developer’s ongoing effort to build a mixed-use, part-residential and part-commercial development on the site of the long-defunct Cottonwood Mall located in Holladay, Utah. On November 28, 2018, the Supreme Court affirmed the Third District Court’s ruling that a voter referendum to block the development was valid. This ruling calls into question the certainty of investment-backed real estate decisions in Utah and thus could carry negative implications for the Utah construction and real estate development communities. The Cottonwood Mall opened in the early 1960s, and for several decades was a popular regional shopping destination. But the mall fell on financial hard times in the mid-1990s, and since 2007 the 57-acre lot has sat vacant. Around that time, the owner of the lot made plans to redevelop it, and asked Holladay City to rezone the site to permit mixed uses. In response, the City rezoned the lot as Regional/Mixed-Use (R/M-U). The City also created a process to control the development of an R/M-U zone, requiring prospective builders to first submit a site development master plan—which sets forth guidelines for the overall development and design of the site—to the City for approval. After the City approves a master plan, the developer must enter into a development agreement with the City, giving the developer certain rights and addressing other development-related issues. Reprinted courtesy of Sean M. Mosman, Snell & Wilmer and Mark O. Morris, Snell & Wilmer Mr. Mosman may be contacted at smosman@swlaw.com Mr. Morris may be contacted at mmorris@swlaw.com Read the court decision
Read the full story...
Reprinted courtesy of

Finalists in San Diego’s Moving Parklet Design Competition Announced

September 03, 2014 — Beverley BevenFlorez-CDJ STAFF
The city of San Diego together with the Downtown San Diego Partnership sponsored the Moving Parklet Design competition, and the winning design will be built and “used in public areas and legally permitted parking spaces throughout downtown San Diego to add a new and unique gathering space for the community,” according to the San Diego Source. A mobile parklet “is a small, innovative park that can move from location to location.” The winning team is chosen by facebook voters and will receive $5,000. Read the court decision
Read the full story...
Reprinted courtesy of

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES