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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


    Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential Coverage

    Traub Lieberman Attorneys Lisa M. Rolle and Vito John Marzano Secure Dismissal of Indemnification and Breach of Contract Claims Asserted against Subcontractor

    Disaster-Relief Bill Stalls in Senate

    CSLB Begins Processing Applications for New B-2 License

    Insurer Must Indemnify Additional Insured After Settlement

    Ninth Circuit Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA

    Courts Favor Arbitration in Two Recent Construction Dispute Cases

    Why A.I. Isn’t Going to Replace Lawyers Anytime Soon

    California Court of Appeal Makes Short Work Trial Court Order Preventing Party From Supplementing Experts

    Building Permits Up in USA Is a Good Sign

    Five Construction Payment Issues—and Solutions

    Tokyo Building Flaws May Open Pandora's Box for Asahi Kasei

    Insurer Rejects Claim on Dolphin Towers

    A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims

    Appeals Court Finds Manuscript Additional Insured Endorsements Ambiguous Regarding Completed Operations Coverage for Additional Insured

    Crane Dangles and So Do Insurance Questions

    You Can Take This Job and Shove It!

    Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?

    Insured's Collapse Claim Survives Summary Judgment

    US Proposes Energy Efficiency Standards for Federal Buildings

    Foreclosures Decreased Nationally in September

    Notes from the Nordic Smart Building Convention

    Seeking the Urban Lifestyle in the Suburbs

    Did Deutsche Make a Deal with the Wrong Homeowner?

    Florida’s Statute of Limitations / Repose for Actions Founded on Construction Improvement Modified

    Feds Used Wire to Crack Las Vegas HOA Scam

    Truck Hits Warning Beam That Falls, Kills Motorist at Las Vegas Bridge Project

    Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War

    A Landlord’s Guide to California’s New Statewide Rent Control Laws

    Pine River’s Two Harbors Now Targets Non-Prime Mortgages

    United States Supreme Court Limits Class Arbitration

    Construction Law Job Opps and How to Create Them

    The (Jurisdictional) Rebranding of The CDA’s Sum Certain Requirement

    Performance Bond Primer: Need to Knows and Need to Dos

    Study Finds Construction Cranes Vulnerable to Hacking

    Insurer's Motion to Dismiss Complaint for Failure to Cover Collapse Fails

    Dorian’s Wrath: How Event Cancellation Insurance Helps Businesses Recoup Losses from Severe Weather

    Even with LEED, Clear Specifications and Proper Documentation are Necessary

    Connecticut Supreme Court to Review Several Issues in Asbestos Coverage Case

    Avoiding Disaster Due to Improper Licensing

    U.K. High Court COVID-19 Victory for Policyholders May Set a Trend in the U.S.

    Newark Trial Team Obtains Affirmance of Summary Judgment for General Contractor Client

    SCOTUS Opens Up Federal Courts to Land Owners

    Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

    There is No Claims File Privilege in Florida, Despite What Insurers Want You to Think

    New Mexico Adopts Right to Repair Act

    DC Circuit Rejects Challenge to EPA’s CERCLA Decision Regarding Hardrock Mining Industry

    COVID-19 Impacts on Subcontractor Default Insurance and Ripple Effects

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    Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle
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    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

    Modification: Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor’s Employee

    November 23, 2016 —
    In a case which was the subject of our Alert dated October 31, 2016 (click here for prior alert), the Court of Appeal of the State of California – Second Appellate District on November 17, 2016 issued a modification to the opinion in Khosh v. Staples Construction Company, Inc. (10/26/16 – Case No. B268937) with no change in judgment. In Khosh, the Court affirmed the trial court’s granting of summary judgment in favor of the defendant under the Privette doctrine where plaintiff presented no evidence that the defendant affirmatively contributed to his injuries. Reprinted courtesy of Renata L. Hoddinott, Haight Brown & Bonesteel LLP and Lawrence S. Zucker II, Haight Brown & Bonesteel LLP Ms. Hoddinott may be contacted at rhoddinott@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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    Reprinted courtesy of

    Georgia Supreme Court Addresses Anti-Indemnity Statute

    October 21, 2019 —
    In prior blog posts, we addressed Georgia’s anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided some additional clarity to the statute. Milliken & Co. v. Georgia Power Co., — Ga. –, 829 S.E.2d 111 (2019). When a plane crashed and several passengers and crew died or were injured, their representatives sued several defendants, including a nearby plant owner, Milliken & Company (“Milliken”), based on claims that transmission lines on Milliken’s property were too close to the runways, were too high, and encroached on the airport easements. Milliken cross claimed against Georgia Power Company (“GPC”). Milliken’s claim was based on an easement it granted to GPC, which required GPC to indemnify it for any claims arising out of GPC’s construction or maintenance of the transmission lines. On appeal, the Supreme Court considered whether the clause was unenforceable under O.C.G.A. § 13-8-2(b). In general, “a party may contract away liability to the other party for the consequences of his own negligence without contravening public policy, except when such agreement it prohibited by statute.” Id. at 113 citing Lanier at McEver v. Planners & Eng’rs Collaborative, 284 Ga. 204, 205 (2008). As one such statute, O.C.G.A. § 13-8-2(b) applies when an indemnification provision (i) “relates in some way to a contract for construction, alteration, repair, or maintenance of certain property” and (ii) “promises to indemnify a party for damages arising from that own party’s sole negligence.” Id. at 114 (internal punctuation omitted). Read the court decision
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    Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com

    An Expert’s Qualifications are Important

    January 28, 2019 —
    An expert’s qualifications are important. Please remember this the next time you retain an expert to analyze documents or data and render an opinion based on that information. An expert must be qualified to render an opinion. Otherwise the expert will not be allowed to render the opinion you may be looking for or need for purposes of trial, as discussed below. A recent personal injury case, White v. Ring Power Corp., 43 Fla.L.Weekly D2729a (Fla. 3d 2018), involved a crane operator that became severely injured when operating a leased crane. The case proceeded to trial against only the equipment lessor of the crane based on the plaintiff’s contention that there were deficiencies with the crane. The plaintiff intended on using expert witnesses to interpret the crane’s load movement indicator (referred to as LMI) and render opinions that the LMI data showed prior overloads of the crane which resulted in the injury to the operator of the crane. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Public Housing Takes Priority in Biden Spending Bill

    November 15, 2021 —
    The White House narrowed its housing agenda with the latest compromise version of President Joe Biden’s social spending bill, lowering funding levels by half while also shifting the bill’s priorities. Representative Maxine Waters and her allies had pushed for $327 billion for rental assistance, affordable housing and other progressive priorities in the reconciliation bill. The most recent White House framework for the Build Back Better Act shows that this figure has been cut in half: The new target is $150 billion, with funding for many of the same programs intact. As a result, the balance of the housing investment has shifted from rental aid to public housing, according to the text of the bill. Funds to repair, replace or build public housing amount to $65 billion, down from a proposed $80 billion yet close to half the total housing package. The White House describes the housing bill as “the single largest and most comprehensive investment in affordable housing in history.” A fact sheet states that it will build or preserve more than 1 million affordable apartments and homes. Biden’s bill also includes a soft repeal of the Faircloth Amendment, a provision that has banned any net new federal public housing units since 1999. Yet the latest version of the bill will not go as far to fulfill Biden’s promise to expand housing vouchers as a federal entitlement program. Read the court decision
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    Reprinted courtesy of Kriston Capps, Bloomberg

    Key Legal Considerations for Modular Construction Contracts

    April 19, 2021 —
    Modular construction is literally on the rise. It is rapidly displacing traditional stick-built construction for new commercial, industrial and residential buildings. Over the past decade, an increasing number of health care, education facilities and apartment buildings have been built using modular construction. As the need for housing, and especially affordable housing, has grown as a result of the COVID-19 pandemic, modular construction is becoming increasingly popular. Recently, the Canadian government, through the Canadian Mortgage Housing Corporation, launched a “Rapid Housing Initiative,” a $1 billion program utilizing only modular construction to rapidly construct affordable housing for its citizens. Similarly, the city of Toronto (which last year approved a plan to build 250 modular homes in response to homelessness) plans to build 1,000 modular homes by 2030. The pandemic also has resulted in an urgent demand for modules for medical facilities and schools. Modular construction allows contractors to build “leaner” and “greener” buildings while increasing quality control and improving site safety and potentially saving valuable time and money. Reprinted courtesy of Frederick E. Hedberg, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Mr. Hedberg may be contacted at fhedberg@rc.com

    Wes Payne Receives Defense Attorney of the Year Award

    September 30, 2019 —
    Wes Payne was recognized by the Pennsylvania Defense Institute (PDI) as the Defense Attorney of the Year. The award was given at PDI’s Annual Conference held in Bedford Springs, PA on July 11th. The annual award honors an attorney that “best exemplifies the qualities of professionalism, dedication to the practice of law, promotion of the highest ideals of justice in the community, and has a demonstrated commitment to PDI and its members.” Wes has over 30 years of experience representing insurance carriers and insureds in first and third-party litigation matters. He is Chair of the firm's Diversity Committee, Co-Chair of the Pro Bono Committee and Chair of the firm's Homeless Advocacy Group. He also serves on several pro bono and civil boards and is active in several legal organizations, holding leadership positions with many of them. Read the court decision
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    Reprinted courtesy of Wesley Payne, IV, White and Williams LLP
    Mr. Payne may be contacted at paynew@whiteandwilliams.com

    Vietnam Expands Arrests in Coffee Region Property Probe

    February 19, 2024 —
    Vietnam authorities detained the Communist Party chief of coffee-producing province Lam Dong as they expand an investigation into alleged bribery tied to a tourist and residential project, the public security ministry said in a website statement. Party chief Tran Duc Quan was arrested for allegedly abusing his power and position, according to the statement. Quan allegedly violated the law while giving instructions to the Dai Ninh property project in the province, causing severe consequences, it said. A Lam Dong Provincial Party Committee representative declined to provide a comment about the arrest. A representative for Quan was not available. Read the court decision
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    Reprinted courtesy of Mai Ngoc Chau, Bloomberg

    Farewell Capsule Tower, Tokyo’s Oddest Building

    April 25, 2022 —
    Anyone who has seen Tokyo's Nakagin Capsule Tower will remember it. Studded with grey cubes, the striking building carries an obvious architectural message: this is a modular habitat. Built half a century ago during Japan’s dizzying ascent as an economic power, the 140-unit complex has been left behind by the times, overshadowed by taller and sleeker skyscrapers that overlook the city of 14 million. Once demolition officially starts April 12, scaffolding will surround the two towers that make up the building. The capsules will then be plucked off one by one, most likely behind protective sheets of plastic because they contain asbestos. Read the court decision
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    Reprinted courtesy of Reed Stevenson, Bloomberg