Cambridge Massachusetts Building Expert Directory

Testimony from Insureds' Expert Limited By Motion In Limine

October 21, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The court considered the scope of testimony to be offered by the insureds' expert regarding a policy written for sanitation districts. Binghamton-Johnson City Joint Sewage Bd. v. Am. Alternative Ins. Corp., 2015 U.S. Dist. LEXIS 112210 (N.D. N.Y. Aug. 25, 2015). The city of Binghamton and the city's Sewage Board sued American Alternative Insurance Corporation (AAIC) for coverage for a collapsed wall. AAIC sought the limit to testimony of the insureds' expert, Paul B. Nielander, through a motion in limine. AAIC argued that Nielander was not qualified as an expert in interpreting insurance policies. His knowledge and experience was limited to insurance practices in other states and the words contained in policies other than AAIC policies. He had no experience with (i) negotiating, drafting, or performing under an AAIC policy, (ii) handling claims or interpreting policies written in New York State, or (iii) drafting policies or otherwise participating in what he conceded was a "niche market" of providing insurance to sanitation districts. Further, Neilander was not qualified to offer expert analysis of when the structural failure of the wall occurred because he had no training or experience as an engineer. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve

October 26, 2020 — David M. McLain – Colorado Construction Litigation
Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic, the Legislature temporarily adjourned in mid-March, 67 days into the 120-day legislative session. After a two-month recess, the Legislature returned for approximately one month to pass critical bills including the state budget, the school finance act and what to do with the money from the federal CARES Act. Of the bills on the calendar when the Legislature temporarily adjourned, legislators focused on those that were “fast, free, and friendly,” and let the others fall by the wayside. Bills that died included SB 20-138, which would have extended Colorado’s statute of repose for construction defect claims from six plus two years to 10 plus two years. The bill also contained a number of accrual and tolling provisions, which would have made it harder for builders to convince tribunals that claims were untimely. This bill died on the Senate floor, for lack of support. We will see whether plaintiffs’ attorneys will revive this effort next year. SB 20-093, while not an outright ban on arbitration or a legislative overturning of the Vallagio decision, would have made it harder to administer and more difficult to get cases into arbitration. The bill died under the “fast, free, and friendly” test, i.e., it faced too much opposition. I expect to see this bill again next year, in some form. Read the court decision
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Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

School District Practice Bulletin: Loose Lips Can Sink More Than Ships

April 08, 2014 — Gregory J. Rolen – Haight Brown & Bonesteel LLP
We all understand how idle conversation and gossip can negatively impact relationships and workplace morale. But can they cause a school district to lose their lawyer? It is black-letter law that confidential communications between attorney and client are privileged, inadmissible, and cannot be later used against that client by third parties. However, under many circumstances confidential communications that occurred just outside the traditional attorney-client relationship can result in disqualification of counsel. In an environment when many educators become lawyers and education lawyers go from job to job and from client to client, care must be given to the context in which such communications occur. I. The Ethical Duty of Confidentiality Is Broader Than the Attorney-Client Privilege. Generally, every lawyer has a duty to refuse to disclose, and to prevent another from disclosing, a confidential communication between the attorney and client. (Fox Searchlight Pictures, Inc. v. Paladino (2001) 89 Cal. App .4th 294, 309; Evid. Code § 954.) The attorney-client privilege is statutory and permits the holder of the privilege to prevent disclosure, including testimony by the attorney, as to communications that are subject to the privilege. (Evid. Code §§ 952-955.) The attorney’s ethical duty of confidentiality under Business & Professions Code section 6068(e) is broader than the attorney-client privilege. It extends to all information gained in the professional relationship that the client has requested be kept secret or the disclosure of which would likely be harmful or embarrassing to the client. (See Cal. State Bar Formal Opns. No. 1993-133, 1986-87, 1981-58, and 1976-37; Los Angeles County Bar Association Formal Opns. Nos. 456, 436, and 386. See also In re Jordan (1972) 7 Cal.3d 930, 940-41.) However, if the status of the person and the purpose of the conversation is unclear to the attorney, highly negative outcomes may result. Read the court decision
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Reprinted courtesy of Gregory J. Rolen, Haight Brown & Bonesteel LLP
Mr. Rolen may be contacted at grolen@hbblaw.com

Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

September 17, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Eighth Circuit refused to retroactively apply an Arkansas statute establishing coverage for faulty workmanship. J-McDaniel Const. Co., Inc. v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 14911 (8th Cir. Aug. 4, 2014). The homeowners sued J-McDaniel for faulty workmanship in constructing their home. The defective construction work was performed by subcontractors. Mid-Continent refused to defend or indemnify J-McDaniel. The insured sued Mid-Continent. The district court dismissed the claim pursuant to Essex Ins. Co. v. Holder, 261 S.W. 3d 456, 460 (Ark. 2008). In Essex, the Arkansas Supreme Court held that defective workmanship resulting in damages only to the work product itself was not an occurrence. Although The Arkansas legislature overruled Essex by statute, the district court found that the Arkansas case law barred retroactive application of the statute. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Benefits to Insureds Under Property Insurance Policy – Concurrent Cause Doctrine

December 08, 2016 — David Adelstein – Florida Construction Legal Updates
The Florida Supreme Court in Sebo v. American Home Assurance Co., Inc., 41 Fla. L. Weekly S582a (Fla. 2016) gave really good news to claimants seeking recovery under a first-party all-risk property insurance policy. The Court held that the concurrent cause doctrine and not the efficient proximate cause doctrine was the proper theory of recovery to apply when multiple perils—an excluded peril and a covered peril-combined to create a property loss. Read the court decision
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Reprinted courtesy of David Adelstein, Katz, Barron, Squitero, Faust, Friedberg, English & Allen, P.A.
Mr. Adelstein may be contacted at dma@katzbarron.com

Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673

March 22, 2017 — John P. Ahlers - Ahlers & Cressman PLLC
On October 25, 2016, the Federal Acquisition Regulatory Council (FAR Council) and the U.S. Department of Labor implemented former President Obama’s Executive Order 13673: “Fair Pay and Safe Workplaces” rules. The rules became effective on October 25, 2016 and fundamentally altered the way federal contractors and subcontractors will need to handle and resolve employment and labor claims, as well as compliance issues involving their entire workforce. The final rules can also result in otherwise-capable companies being “blacklisted” and effectively barred from federal contracts and subcontracts based on labor and employment law violations related or unrelated to prior or current federal contract performance. The centerpiece of the new regulatory scheme was the new disclosure and responsibility requirements. Contractors and subcontractors needed to disclose all “labor law decisions” that they had during the three years (prior to bid submission) as part of the process of applying for a new federal contract or subcontract. If a contractor or subcontractor has too many “labor law decisions” to report or the few it has are too severe, pervasive, repeated, or willful in the eyes of the government “experts,” the company could be deemed “non-responsible” and denied a contract. Read the court decision
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Reprinted courtesy of John P. Ahlers, Ahlers & Cressman PLLC
Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

Three Attorneys Elevated to Partner at Newmeyer & Dillion, LLP

February 26, 2016 — Newmeyer & Dillion, LLP
Newmeyer & Dillion, LLP, a premier business and real estate law firm in California and Nevada, is pleased to announce the promotion of three of its attorneys to partnership. “Clay Tanaka, Eric Rollins, and Jonathan King have proven their ability to provide the highest quality legal services to our clients while embracing the core values of the Firm which make it unique,” said Jeff Dennis, managing partner of Newmeyer & Dillion. “We are proud to welcome them as our new partners.” The new partners share extensive legal and trial experience, demonstrating quick and creative solutions for their clients. Newport Beach Clayton Tanaka Clay Tanaka is an experienced trial lawyer practicing in both California and Nevada, focusing on construction, real estate, business, insurance disputes and appellate law. As a licensed civil engineer in California, Clay has extensive knowledge of construction practices as well as vast experience in the designs of both residential subdivisions and commercial developments. He has represented developers and general contractors in numerous complex real estate and construction matters through trial, including disputes involving grading, design, boundary and easement disputes, water intrusion and insurance coverage issues. Clay has also represented a variety of businesses in actions involving breach of contract, fraud, and copyright and trademark infringements. He is also fluent in Japanese. Eric Rollins Eric Rollins’ practice focuses on the litigation and arbitration covering a broad range of business, real estate, construction, insurance, and land use disputes. Within the construction arena, he regularly handles complex construction matters and insurance coverage issues arising out of construction claims for both residential and commercial builders. In his business and land practice, Eric has litigated a variety of claims in state and federal courts involving breach of contract, negligence, unfair business practices, fraud, business formation, eminent domain, and inverse condemnation. He has experience with all phases of business litigation, including arbitration, mediation, and trial preparation. Walnut Creek Jonathan King Jonathan King’s practice focuses on the representation of developers, builders, and general contractors in construction litigation and has extensive experience defending personal injury allegations in industrial and construction settings. His business cases include litigation of intellectual property infringement, and general business litigation. Jonathan has successfully resolved and defended complex matters in both mediation and binding arbitration settings. Jonathan also obtains federal trademark protection and negotiates licensing agreements for clients. About Newmeyer & Dillion LLP For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com. Read the court decision
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Palo Alto Proposes Time Limits on Building Permits

October 01, 2013 — CDJ STAFF
Palo Alto, California has a problem. Too many construction or renovation projects have languished without any sign of completion. The city council has a solution: time limits. Under current rules, projects only have to complete enough work so that there’s something to inspect every six months. Under the proposed rules, builders would have a set time to finish the project, with larger projects getting more time in which to finish. Projects that ran over that time would get fines. Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES