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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


    Construction Demand Unsteady, Gains in Some Regions

    Consumer Confidence in U.S. Increases More Than Forecast

    Supreme Court Addresses Newly Amended Statute of Repose for Construction Claims

    Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord

    Woman Files Suit for Property Damages

    Drill Rig Accident Kills Engineering Manager, Injures Operator in Philadelphia

    Trump Order Waives Project Environment Rules to Push COVID-19 Recovery

    Lay Testimony Sufficient to Prove Diminution in Value

    Mitsui Fudosan Said to Consider Rebuilding Tilted Apartments

    Unpredictable Opinion Regarding Construction Lien (Reinstatement??)

    Client Alert: Court of Appeal Applies Common Interest Privilege Doctrine to HOA Litigation Meetings

    Contractor Allegedly Injured after Slipping on Black Ice Files Suit

    The Creation of San Fransokyo

    How Are You Dealing with Material Delays / Supply Chain Impacts?

    Making Construction Innovation Stick

    Considerations in Obtaining a Mechanic’s Lien in Maryland (Don’t try this at home)

    Assessing Defective Design Liability on Federal Design-Build Projects

    Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract

    Coverage Rejected Under Owned Property and Alienated Property Exclusions

    Florida Courts Inundated by Wave of New Lawsuits as Sweeping Tort Reform Appears Imminent

    Report Highlights Trends in Construction Tech, Digitization, and AI

    California Governor Signs SB 496 Amending California’s Anti-Indemnity Statute

    Consider Arbitration Provision in Homebuilder’s Warranty and Purchase-and-Sale Agreement

    Colorado homebuilders target low-income buyers with bogus "affordable housing" bill

    Smart Contracts Poised to Impact the Future of Construction

    Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

    Home Prices in 20 U.S. Cities Increased 4.3% in November

    Turner Construction Selected for Anaheim Convention Center Expansion Project

    Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

    Spearin Doctrine 100 Years Old and Still Thriving in the Design-Build Delivery World

    New York State Legislature Passes Legislation Expanding Wrongful Death Litigation

    The Starter Apartment Is Nearly Extinct in San Francisco and New York

    OSHA Issues Fines for Fatal Building Collapse in Philadelphia

    Insurer Granted Summary Judgment on Denial of Construction Defect Claim

    Vacation during a Project? Time for your Construction Documents to Shine!

    Ordinary Use of Term In Insurance Policy Prevailed

    Hoboken Mayor Admits Defeat as Voters Reject $241 Million School

    Don’t Miss the 2015 West Coast Casualty Construction Defect Seminar

    Viva La France! 2024 Summer Olympics Construction Features Sustainable Design, Including, Simply Not Building at All

    7 Sustainability Ideas for Modular Classrooms in the Education Industry (guest post)

    World’s Biggest Crane Lifts Huge Steel Ring at U.K. Nuclear Site

    1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims

    $109-Million Renovation Begins on LA's Willowbrook/Rosa Parks Station

    Death of Subcontractor’s Unjust Enrichment Claim Against Project Owner

    Federal Subcontractor Who Failed to Follow FAR Regulations Finds That “Fair” and “Just” are Not Synonymous

    Home Prices Rose in Fewer U.S. Markets in Fourth Quarter

    A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    Risk Spotter Searches Internal Data Lakes For Loaded Words

    It’s a COVID-19 Pandemic; It’s Everywhere – New Cal. Bill to Make Insurers Prove Otherwise
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Cambridge's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

    Defects in Texas High School Stadium Angers Residents

    March 07, 2014 —
    According to WFAA News, many residents of Allen, Texas were upset when their tax dollars were spent on a new high school football stadium, and they are angry now that alleged construction defects may cause the stadium to close, and perhaps not even reopen again this fall. There “is a disproportionately large amount of our tax dollars that goes just to Allen ISD," Rachel Palmer, an Allen resident, told WFAA News. However, Ben Pogue, president of Pogue Construction, the stadium’s general contractor called the situation “a road bump.” WPAA News also interviewed Dr. Simon Chao of the Department of Civil Engineering at the University of Texas at Arlington: "Cracking is fairly common in concrete," Chao stated. "The problem is the damage water may cause by getting in the cracks.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    #7 CDJ Topic: Truck Ins. Exchange v. O'Mailia

    December 30, 2015 —
    According to attorney Tred R. Eyerly on a post on his Insurance Law Hawaii blog, “The Montana Supreme Court determined there was no coverage for the insured due to a lack of property damage during the policy period.” Eyerly concluded, “Even if exposure to excessively high temperatures created a harmful condition during the policy period, the existence of that condition did not result in property damage to the water heater occurring during the policy period, and thus did not constitute an ‘occurrence’ as defined by the policy.” Read the full story... Read the court decision
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    Reprinted courtesy of

    Melissa Dewey Brumback Invited Into Claims & Litigation Management Alliance Membership

    October 14, 2013 —
    Melissa Dewey Brumback has been invited to join the Claims & Litigation Management Alliance, an “invitation only” organization of insurance companies, litigation and risk managers, claims professionals, and attorneys. Ms. Brumback, an attorney at Ragsdale Ligget PPLC, has a practice that focuses on construction law and business disputes. Her clients include architects and engineers in construction-related claims. Ms. Brumbuck is respected as an author and lecturer on construction law. The Claims & Litigation Management Alliance comprises the leaders of claims and litigation management. Members are risk and litigation managers, insurance and claims professionals, and corporate and outside counsel. Read the court decision
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    Reprinted courtesy of

    Contractual Waiver of Consequential Damages

    January 02, 2019 —
    Contractual waivers of consequential damages are important, whether they are mutual or one-sided. I believe in specificity in that the types of consequential damages that are waived should be detailed in the waiver of consequential damages provision. Standard form construction agreements provide a good template of the types of consequential damages that the parties are agreeing to waive. But, what if there is no specificity in the waiver of consequential damages provision? What if the provision just states that the parties mutually agree to waive consequential damages or that one party waives consequential-type damages against the other party? Let me tell you what would happen. The plaintiff will argue that the damages it seeks are general damages and are NOT waived by the waiver of consequential damages provision. The defendant, on the other hand, will argue that the damages are consequential in nature and, therefore, contractually waived. FOR THIS REASON, PARTIES NEED TO APPRECIATE WHAT DAMAGES ARE BEING WAIVED OR LIMITED, AND POTENTIALLY THOSE DAMAGES NOT BEING WAIVED OR LIMITED, WHEN AGREEING TO A WAIVER OF CONSEQUENTIAL DAMAGES PROVISION! Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Residential Building Sector: Peaking or Soaring?

    October 01, 2013 —
    Forbes notes that residential builders and remodelers are one of the fastest-growing groups of privately held companies, but is that growth going to continue? Tim McPeak, an analyst at Sageworks, said, “aside from the strong sales growth, these companies have a relatively healthy 4.6% net profit margin.” Another analyst, Scott Cresswell of The Bonadio Group, said that his “clients who do multifamily are exponentially off the charts with new work. Cresswell also noted that firms in the Northeast are also experiences labor shortages, particularly with wood-frame construction, since, “there are not a lot of carpenters out there.” As a result of the new construction, some workers are more money from overtime. A further hike in interest rates may stop this growth. Mr. McPeak noted that “the expectation of everyone is we’re going to see rates rise.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Insurance Lawyers Recognized by JD Supra 2020 Readers' Choice Awards

    June 29, 2020 —
    Congratulations to Anthony Miscioscia, partner and Co-Chair of the Insurance Coverage and Bad Faith Group, and associate Timothy Carroll who have been recognized as top authors in Insurance in the 2020 JD Supra Readers' Choice Awards. The Readers’ Choice Awards recognize top authors and firms for their thought leadership in key topics read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2019. Additionally, JD Supra recognized Subrogation counsel, Gus Sara’s alert "New Hampshire's Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers" as one of the most popular product liability articles in 2019. The Readers’ Choice Awards reflect a deep dive into JD Supra 2019 reader data, in which they studied total visibility and engagement among readers across many industries interested in certain defining topics. Along with a top firm in each category, JD Supra also features additional reader data, including the top five most-read articles, popular related topics, total number of authors, and other category-specific information. Reprinted courtesy of White and Williams LLP attorneys Timothy Carroll, Anthony Miscioscia and Gus Sara Mr. Carroll may be contacted at carrollt@whiteandwilliams.com Mr. Miscioscia may be contacted at misciosciaa@whiteandwilliams.com Mr. Sara may be contacted at sarag@whiteandwilliams.com Read the court decision
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    Reprinted courtesy of

    President Trump Issued Two New EOs on Energy Infrastructure and Federal Energy Policy

    May 20, 2019 —
    1. The first EO is very comprehensive, affecting many federal agencies and departments, and is entitled “Promoting Federal Infrastructure and Economic Growth.” The EO emphasizes its concern with the need for infrastructure that “ is capable of safely and efficiently transporting these plentiful resources to end users.” To that end, the EO:
    • (A) states the general policy that the U.S. Government is to promote private investment in the Nation’s infrastructure by establishing efficient permitting processes and procedures that avoid duplication and result in increased regulatory certainty;
    • (B) reviews and revises existing federal guidance and regulations regarding Section 401 of the Clean Water Act (CWA), with particular emphasis on EPA’s guidance document, CWA Section 401 Water Quality Certification, and actions will be taken in accordance with a regulatory schedule set forth in the EO which has as its objective a notice of proposed rulemaking on the Environmental Protection Agency’s (EPA) Section 401 regulations to be published in 12 months, with the final rules to be issued by May 2020;
    Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    When Construction Contracts Go Sideways in Bankruptcy

    February 16, 2017 —
    The contractor on a project files a bankruptcy case. How should the property owner and subcontractors proceed? When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code. Types of Bankruptcies The typical bankruptcy case involves a chapter 7 complete liquidation, chapter 13 reorganization for an individual, or a chapter 11 reorganization or liquidation. In a chapter 7 the business ceases to operate and a panel trustee is appointed immediately upon the filing of the case. The chapter 7 trustee’s duties are to liquidate assets for the benefit of creditors and to prosecute litigation that can result in assets for the creditors. In a chapter 13, the individual debtor continues to operate, and there is a trustee, but the trustee’s roll is limited to reviewing the chapter 13 plan and making sure that the plan is performed. In a chapter 11, the debtor retains control of its assets and continues to operate its business until a plan is confirmed. During the chapter 11 period before a plan is approved, the debtor will decide which contracts it wants to assume or reject, all while operating the company and preparing a plan. Read the court decision
    Read the full story...
    Reprinted courtesy of Tracy Green, Wendel Rosen Black & Dean LLP
    Ms. Green may be contacted at tgreen@wendel.com