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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


    Housing Starts in U.S. Drop to Lowest Level in Three Months

    Amos Rex – A Museum for the Digital Age

    No Duty to Indemnify Where No Duty to Defend

    Real Estate & Construction News Roundup (06/28/23) – Combating Homelessness, U.S. Public Transportation Costs and the Future of Commercial Real Estate

    That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common Knowledge” Exception Applies

    Southern California Lost $8 Billion in Construction Wages

    Real Estate & Construction News Roundup (6/26/24) – Construction Growth in Office and Data Center Sectors, Slight Ease in Consumer Price Index and Increased Premiums for Commercial Buildings

    It’s Time for a Net Zero Building Boom

    Colorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of Suitability

    With Vice President's Tie-Breaker, US Senate Approves Far-Reaching Climate Bill

    Reaffirming the Importance of Appeal Deadlines Under the Contract Disputes Act

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

    Partner Jonathan R. Harwood Obtained Summary Judgment in a Case Involving a Wedding Guest Injured in a Fall

    Employee or Independent Contractor? New Administrator’s Interpretation Issued by Department of Labor Provides Guidance

    Wells Fargo, JPMorgan Vexed by Low Demand for Mortgages

    UPDATE: Trade Secrets Pact Allows Resumed Work on $2.6B Ga. Battery Plant

    Newmeyer Dillion Attorneys Named to 2022 Super Lawyers and Rising Stars Lists

    Biden’s Buy American Policy & What it Means for Contractors

    Withdrawal of an Admission in California May Shift Costs—Including Attorneys’ Fees—Incurred in Connection with the Withdrawal

    The Legal Landscape

    Get Smarter About Electric Construction Equipment

    Landlords Challenge U.S. Eviction Ban and Continue to Oust Renters

    Insurer Obligated to Cover Preventative Remediation of Construction Defects

    Duty to Defend Broadly Applies to Entire Action; Insured Need Not Apportion Defense Costs, Says Maryland Appeals Court

    Judgment for Insurer Reversed Due to Failure to Establish Depreciation

    How the Science of Infection Can Make Cities Stronger

    Are Proprietary Specifications Illegal?

    AAA Revises its Construction Industry Arbitration Rules and Mediation Procedures

    The Future of Construction Defects in Utah Unclear

    Consolidated Case With Covered and Uncovered Allegations Triggers Duty to Defend

    California Indemnity and Defense Construction Law Changes for 2013

    Remote Work Issues to Consider in Light of COVID-19

    Homeowner's Claim for Collapse Survives Summary Judgment

    A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

    Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial Judicial Foreclosure Action

    Insurer's Motion to Dismiss Allegations of Collapse Rejected

    BHA at the 10th Annual Construction Law Institute, Orlando

    Houston Office Secures Favorable Verdict in Trespass and Nuisance Case Involving Subcontractor’s Accidental Installation of Storm Sewer Pipe on Plaintiff’s Property

    Monumental Museum Makeover Comes In For Landing

    New York Court of Appeals Takes Narrow View of Labor Law Provisions in Recent Cases

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    Damage Control: Major Rebuilds After Major Weather Events

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    Construction Defect Attorneys Call for Better Funding of Court System

    The Biggest Change to the Mechanics Lien Law Since 1963

    Nuclear Energy Gets a Much-Needed Boost

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    Denver Court Rules that Condo Owners Must Follow Arbitration Agreement

    The National Labor Relations Board Joint Employer Standard is Vacated by the Eastern District of Texas

    Contractual Assumption of Liability Does Not Bar Coverage
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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

    South African Building Industry in Line for More State Support

    November 08, 2021 —
    South Africa’s government is planning more measures to bolster its ailing building industry after banning the use of imported cement on state construction projects. “Government is undertaking research across a range of construction-related products where there appears to be significant potential for localization,” Stephen Hanival, chief economist at the Department of Trade, Industry and Competition, said in an emailed response to questions. “Further announcements will be made in due course.” The country’s preferential procurement policy framework enables the department to designate sectors for localization in line with national development and industrial policy goals. While the government has pursued localization since 2014, it has become more strategic since the advent of the pandemic with business, government and labor groups agreeing on an initial list of 42 products and sub-sectors that should be prioritized, Hanival said. Read the court decision
    Read the full story...
    Reprinted courtesy of Prinesha Naidoo, Bloomberg

    The Enforceability of “Pay-If-Paid” Provisions Affirmed in New Jersey

    January 04, 2023 —
    On December 7, 2022, the Appellate Division affirmed the New Jersey Superior Court decision in Jersey Precast v. Tricon Enterprises, Inc. et al., finding that the “pay-if-paid” clause in a material supplier’s purchase order with a general contractor was binding and enforceable. While clauses conditioning a general contractor’s obligation to pay its subcontractors on the general contractor’s receipt of payment from the project owner are not unique – this is the first time that a court in New Jersey has affirmed this practice in a published opinion. [1] Background The general contractor, Tricon, sent Jersey Precast its standard form purchase order for the supply of prestressed box beams to fulfill a public improvement contract with Union County. The reverse side of the form purchase order contained standard terms and conditions, and included a pay-if-paid clause drafted by Michael Zicherman, a partner of Peckar & Abramson, P.C. While Jersey Precast provided some draft revisions to the terms and conditions, Tricon never signed the purchase order and the proposed revisions were never accepted. Significantly, Jersey Precast did not attempt to modify the pay-if-paid provision. It later developed that the construction of the project became impossible, and the beams fabricated by Jersey Precast were not used. Tricon invoiced Union County for the cost of the beams, but the County failed to make payment and refused to accept delivery of the beams. Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C., Michael S. Zicherman, Peckar & Abramson, P.C. and Brian Glicos, Peckar & Abramson, P.C. Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Zicherman may be contacted at mzicherman@pecklaw.com Mr. Glicos may be contacted at bglicos@pecklaw.com Read the court decision
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    Reprinted courtesy of

    Seattle Condos, Close to Waterfront, Construction Defects Included

    February 11, 2013 —
    There's a cluster of eight condominium projects in Seattle, some within easy walking distance of each other, that are either in construction defect lawsuits, arbitration, or mediation. Jeff Reynolds, contributing a Seattle PI.com reader blog, notes that as Seattle condo projects have neared the end of the four-year warranty period, condo boards are being targeted by attorneys. Reynolds writes that "once [the attorneys] are hired by the associations, they retain specialists that test for any and all construction defects with the building envelope." The problem that Reynolds sees is that that "major lending institutions stay away from condos with lawsuits." And so homeowners dealing with construction defects have apartments they can't sell to anyone who might want to use financing. This tightens Seattle's already limited inventory, leading to both frustrated sellers and frustrated buyers. Read the court decision
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    Reprinted courtesy of

    Designers George Yabu and Glenn Pushelberg Discuss One57’s Ultra-Luxury Park Hyatt

    July 30, 2014 —
    One57 might just be the hottest -- or at least the most expensive -- address in New York City. 

The $375 million skyscraper currently piercing its blue-glass presence into Manhattan's midtown skyline is home not only to 94 private condos (two of which have already sold for $90 million); it also hosts a brand new Park Hyatt hotel, which opens this August. 

 Eight years in the making, this Hyatt is the first ultra-luxury hotel New York has seen since the Mandarin Oriental opened in 2003. It's intended to be a New York icon. So, naturally, Hyatt hired two Canadian guys to design it. 

Meet George Yabu and Glenn Pushelberg, the dynamic couple who met as college students in Toronto in 1972, and decided to launch design firm YabuPushelberg. Now, they're earning millions per project to design luxury hotels, restaurants, and residences all over the world. Read the court decision
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    Reprinted courtesy of Jennifer Parker, Bloomberg

    More Musings From the Mediation Trenches

    July 30, 2015 —
    As those that read this construction blog on a regular basis know, I became a Virginia Supreme Court certified mediator a few years ago. I did so because I believe that mediation as a form of alternate dispute resolution is in most cases a much better alternative to resolve a construction dispute than litigation. While I still act as counsel to construction companies participating in mediations (and have posted my thoughts on this topic on numerous occasions), working with the General District Courts of Virginia and acting as a mediator for private disputes has given me an interesting perspective on how the flexibility and process of mediation can resolve disputes in a way that formal court litigation or other forms of ADR may not. After almost 4 years of working with the general district courts here in Virginia and working with private companies and individuals to resolve their disputes, I have come to the conclusion that often the real issue is not the money (though that is the big one) but some other intangible issue, whether an emotional one or some conflict of personality or even what may seem in hindsight to be a minor miscommunication. Because of this fact of life, and the life of a mediator, the ability to “vent” in the confidential setting of a mediation and in a way that no Court with rules of evidence could allow can go a long way toward a resolution of the dispute. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications

    October 30, 2023 —
    It’s the classic tale of two cities. One city is occupied by architects and engineers. The other, by contractors. And while the cities typically co-exist relatively peacefully together, at times, they do not, such as when a defect arises that can either be a design or construction defect. Sometimes, project owners are pulled into these fights as well. There is a common law rule that when contracting with a contractor the owner impliedly warrants to the contractor that the plans and specifications are sufficiently accurate and correct. And, if you work on local public works projects, you may be familiar with Public Contract Code section 1104 which provides that, with the exception of design-build projects, local public entities cannot require a bidder to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    London Shard Developer Wins Approval for Tower Nearby

    November 05, 2014 —
    Sellar Property Group, developer of the Shard in London, won local government approval to build a 26-story residential tower close to the skyscraper on the south bank of the River Thames. The council for the Southwark borough voted in favor of the 148-apartment project, which also includes a 16-story tower, at a meeting yesterday, Sellar spokesman Baron Phillips said by e-mail. The project, like the Shard, will be developed in a partnership with the state of Qatar. Developers plan to construct more than 25,000 luxury properties in London worth more than 60 billion pounds ($96 billion) over the next decade, EC Harris said in an Oct. 7 report. The homes approved yesterday at the Fielden House site are expected to sell for about 800,000 pounds each, according to a filing by the borough. Read the court decision
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    Reprinted courtesy of Neil Callanan, Bloomberg
    Mr. Callanan may be contacted at ncallanan@bloomberg.net

    San Diego Developer Strikes Out on “Disguised Taking” Claim

    October 26, 2017 —
    In Dryden Oaks, LLC v. San Diego County Regional Airport Authority et al.(D068161, filed 9/26/17, publication order 10/19/17), the California Court of Appeal, Fourth Appellate District held that the County of San Diego (County) and the San Diego Regional Airport Authority (Authority) were entitled to summary judgment on a developer’s “disguised taking” theory of inverse condemnation. In 2001, the developer purchased two large lots (designated Lot 24 and Lot 25) adjacent to the end of a runway at the Palomar Airport in Carlsbad. Plaintiff obtained the necessary permits from the City of Carlsbad and successfully completed construction of an industrial building on Lot 24 in 2005. However, the plaintiff never began development of Lot 25 and the building permit for the property expired in 2012. The developer was then unable to renew the building permit because the Authority had adopted the Airport Land Use Compatibility Plan (ALUCP) in the interim period, which reclassified the Lots as part of a Runway Protection Zone (RPZ). The developer received a letter explaining that “despite the earlier approval the proposed development was no longer feasible because the ALUCP was more restrictive than the prior compatibility plan and the application's proposed use of ‘research and development’ was not permissible.” Read the court decision
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    Reprinted courtesy of Michael C. Parme, Haight Brown & Bonesteel LLP
    Mr. Parme may be contacted at mparme@hbblaw.com