Cambridge Massachusetts Building Expert Directory

Unit Owners Have No Standing to Sue under Condominium Association’s Policy

February 10, 2012 — Tred R. Eyerly - Insurance Law Hawaii

If a condominium owner suffers damage caused by a leak from another unit, may it sue the insurer for the Association of Apartment Owner (AOAO) for coverage? The federal district court for Hawaii said "no" in a decision by Judge Mollway. See Peters v. Lexington Ins. Co., 2011 U.S. Dist. LEXIS 148734 (D. Haw. December 27, 2011).

Two cases were consolidated. In each case, Plaintiffs owned condominium units at the Watercrest Resort on Molokai. Water leaking from another unit damaged Plaintiffs’ units.

Watercrest Resort was insured by Lexington pursuant to a policy maintained by the AOAO. Plaintiffs filed claims with Lexington. Lexington hired an adjustor.

Unhappy with the adjustment of their claims, Plaintiffs sued Lexington and the adjustor.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Is Ohio’s Buckeye Lake Dam Safe?

March 12, 2015 — Beverley BevenFlorez-CDJ STAFF
According to Columbus Business First, a report by the U.S. Army Corps of Engineers that “assessed the structural integrity of the Buckeye Lake Dam [located in Ohio] and found serious problems that present significant risks to the public.” Problems arose, allegedly, from “construction of homes [and] pools and patios that have been built into the earthen embankment.” The U.S. Army Corps of Engineers report stated (according to Columbus Business First) “there was a potential for an eight-foot wave of water, mud and debris that would inundate an area as far as Hebron, more than two miles away.” Read the court decision
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Colorado Senate Voted to Kill One of Three Construction Defect Bills

May 05, 2014 — Beverley BevenFlorez-CDJ STAFF
The Denver Business Journal reported that the Colorado Senate Appropriations Committee voted 5-2 to kill SB 219, one of the three construction defect bills introduced by Sen. Jessie Ulibarri, D-Commerce City. SB 219 “would have given the divisions of housing, insurance and law a combined $150,000 to collect data that would shine light on the reasons for the current shortage of owner-occupied affordable housing.” However, the two other construction defect related bills are still alive. SB 216 “would offer financial incentives for building condos worth less than $500,000 and SB 220, would make it more difficult for condo owners to file a class-action lawsuit regarding alleged defects.” Read the court decision
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NIBS Consultative Council Issues Moving Forward Report on Healthy Buildings

July 25, 2021 — National Institute of Building Sciences
(WASHINGTON, DC, July 13, 2021) – The National Institute of Building Sciences Consultative Council has issued its 2020 Moving Forward Report, looking closely at the importance of healthy buildings. The report examines how buildings can protect and promote public health, providing recommendations for President Biden and policymakers on three components of healthy buildings: indoor environmental quality, the importance of design in promoting health, and promoting knowledge transfer between building owners and public health officials. “Ensuring that the spaces where we live and work are healthy and safe for continued occupancy is critical to overcoming the pandemic,” said Lakisha A. Woods, CAE, President and CEO of NIBS. “This is a fundamental pillar of public health and community resilience. The concept of healthy buildings goes well beyond continual sanitation of a building’s indoor environment to eliminate pathogens.” About NIBS National Institute of Building Sciences brings together labor and consumer interests, government representatives, regulatory agencies, and members of the building industry to identify and resolve problems and potential problems around the construction of housing and commercial buildings. NIBS is a nonprofit, non-governmental organization. It was established by Congress in 1974. For more information, visit nibs.org or follow @bldgsciences on Twitter and Facebook. Read the court decision
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Reminder: A Little Pain Now Can Save a Lot of Pain Later

April 28, 2016 — Christopher G. Hill – Construction Law Musings
I know, you think you hear it enough from me here at Construction Law Musings. I am seemingly constantly beating the drum of early advice from a construction attorney and the benefits of spending a bit of money now to avoid spending a lot of money later. I do this because real world examples of both the costs of failing to prepare early and the benefits of following this advice abound. An example of the costs of failing to prepare early can be found at the Construction Payment where the zLien folks discuss a New Hampshire case where a contractor lost two thirds of its potential damages because it did not properly set out the contractual terms and what was to be included in contractual damages. Without any clear line to go on, the Court found liability against the NHDOT for negligent misrepresentation and could only award damages up to a cap that was approximately a third of the damages awarded by the jury and about half of what the trial court had determined to be the damages. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Case Dispositive Motion for Summary Judgment Granted for BWB&O’s Client in Wrongful Death Case!

November 18, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to San Diego Partner JohnPaul Salem on his recent MSJ victory in a wrongful death case! Plaintiffs, the family of a pedestrian who was struck and killed by a train at a San Diego trolley station when he walked onto the tracks while warning lights and bells were active, filed suit for (i) dangerous condition of public property; and (ii) negligence arising out of the accident. Plaintiffs alleged BWB&O’s Client had created a dangerous condition and failed to warn of the alleged danger. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Protect Your Right To Payment By Following Nedd

August 03, 2022 — Denise Motta - Gordon & Rees Construction Law Blog
In order to preserve your right to payment, you must satisfy the contractual requirements supporting a change order for the increased costs or time due to the delay. The key to the successful presentation of change order claims is educating your team on the following: 1. NOTICE

Review the change order and notice provisions of your contracts. Make your contract searchable and insert the term “Noti” and look for the items listed below.
Who: Check the designated representative for notice.

It may not be the project manager.
Confirm who can authorize the change order.

Is owner approval required?
Ensure that the party approving the change order has authority to do so.

What: Check for specific information required by the contract.

Provide ALL information available.
If certain information is not yet available, state that the information will be provided when available.
Reserve all rights to amend and submit additional information.
Request both an increase to the Contract Sum and Contract Time.

Make the request even if you do not believe the delay or time necessary will cause a significant impact.

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Reprinted courtesy of Denise Motta, Gordon Rees Scully Mansukhani, LLP
Ms. Motta may be contacted at dmotta@grsm.com

Port Authority Reaches Deal on Silverstein 3 World Trade

June 26, 2014 — David M. Levitt – Bloomberg
The Port Authority of New York and New Jersey approved a financing agreement for Larry Silverstein’s 3 World Trade Center that allows him to use $159 million of insurance proceeds to expedite construction. The agreement, which alters a 2010 deal on the project, follows about a year of negotiations and provides Silverstein with far less than the $1.2 billion of loan guarantees he sought under a previous plan that had been opposed by some board members. Silverstein plans to seek private financing to complete construction on the tower, which is stalled at eight floors. The Port Authority, which owns the Trade Center site, unanimously approved the alterations to the agreement at a meeting today. The new deal meets the criteria of not creating additional debt for the agency, said Commissioner Kenneth Lipper, who led opposition to the loan guarantee, viewing it as too risky and a threat to the authority’s credit rating. Read the court decision
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Reprinted courtesy of David M. Levitt, Bloomberg
Mr. Levitt may be contacted at dlevitt@bloomberg.net

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