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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


    Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action

    Solicitor General’s Views to Supreme Court on Two Circuit Court Rulings that Groundwater Can be Considered “Waters of the United States”

    JAMS Announces Updated Construction Rules

    Your Work Exclusion Applies to Damage to Tradesman's Property, Not Damage to Other Property

    New Zealand Using Plywood Banned Elsewhere

    Lakewood Introduced City Ordinance to Battle Colorado’s CD Law

    Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey

    Weyerhaeuser Leaving Home Building Business

    Traub Lieberman Senior Trial Counsel Timothy McNamara Wins Affirmation of Summary Judgment Denial

    Best Practices for ESI Collection in Construction Litigation

    San Francisco Office Secures Defense Verdict in Legal Malpractice Action

    What is a Subordination Agreement?

    California Court Holds No Coverage Under Pollution Policy for Structural Improvements

    Predicting Our Future with Andrew Weinreich

    Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

    National Engineering and Public Works Roadshow Highlights Low Battery Seawall Restoration Project in Charleston

    Balfour in Talks With Carillion About $5 Billion Merger

    Homeowners Not Compelled to Arbitration in Construction Defect Lawsuit

    No Coverage for Property Damage That is Limited to Work Completed by Subcontractor

    Another Guilty Plea In Nevada Construction Defect Fraud Case

    The Godfather of Solar Predicts Its Future

    Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned

    Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

    Home Buyers will Pay More for Solar

    South Carolina Contractors Regain General Liability Coverage

    New World to Demolish Luxury Hong Kong Towers in Major Setback

    Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports

    Insurer’s “Failure to Cooperate” Defense

    New Research Shows Engineering Firms' Impact on Economy, Continued Optimism on Business Climate

    More Musings From the Mediation Trenches

    OSHA Penalties—What Happened with International Nutrition

    What You Need to Know About “Ipso Facto” Clauses and Their Impact on Termination of a Contractor or Subcontractor in a Bankruptcy

    Reroof Blamed for $10 Million in Damage

    Real Property Alert: Recording Notice of Default as Trustee Before Being Formally Made the Trustee Does Not Make Foreclosure Sale Void

    Tips for Contractors Who Want to Help Rebuild After the California Wildfires

    More Reminders that the Specific Contract Terms Matter

    The Fifth Circuit, Applying Texas Law, Strikes Down Auto Exclusion

    Termination of Construction Contracts

    Brazil Builder Bondholders Burned by Bribery Allegations

    General Contractor Supporting a Subcontractor’s Change Order Only for Owner to Reject the Change

    Surplus Lines Carrier Can Force Arbitration in Louisiana Despite Statute Limiting Arbitration

    Are We Headed for a Work Shortage?

    BWB&O Partner Tyler Offenhauser and Associate Lizbeth Lopez Won Their Motion for Summary Judgment Based on the Privette Doctrine

    Construction Defects and Warranties in Maryland

    OSHA Issues Final Rule on Electronic Submission of Injury and Illness Data

    Candis Jones Named “On the Rise” by Daily Report's Georgia Law Awards

    U.K. Puts Tax on Developers to Fund Safer Apartment Blocks

    US Court Disputes $1.8B AECOM Damage Award in ‘Remarkable Fraud’ Suit

    Surfside Condo Collapse Investigators Uncover More Pool Deck Deviations

    Court Concludes That COVID-19 Losses Can Qualify as “Direct Physical Loss”
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

    Hilti Partners with Canvas, a Construction Robotics Company

    April 03, 2023 —
    Hilti announced a strategic partnership with Canvas, a construction robotics company that has developed a robotic drywalling solution. The partnership allows Canvas to scale globally. Hilti launched its Jaibot, the world’s first semi-autonomous ceiling-drilling robot, in 2020. As part of the partnership, Hilti will assume the manufacturing responsibilities for future Canvas systems. They will be based on the Jaibot platform, giving Canvas a reliable and scalable global supply to meet the huge demand for its finishing robots. The partnering companies share a common vision: that robotic tools will unlock vastly untapped potential and drive a new era of productivity and safety for skilled trade workers. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    California Supreme Court Finds Negligent Supervision Claim Alleges An Occurrence

    July 21, 2018 —
    Answering a question posed by the Ninth Circuit, the California Supreme Court found that a suit against a employer for negligent hiring, retention and supervision of a employee who intentionally injures a third party alleges an occurrence under a CGL policy. Liberty Surplus Co. Corp. v. Ledesma & Meyer Construction Co., 2018 Cal. LEXIS 4063 (Cal. June 4, 2018) Ledesma & Meyer Construction Company (L&M) contracted with the school district to manage a construction project at a middle school. L&M hired Darold Hecht as an assistant superintendent on the project. In 2010, Jane Doe, a 13-year-old student at the school, sued alleging that Hecht had sexually abused her. Doe’s claims included a cause of action against L&M for negligent hiring, retaining, and supervising Hecht. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    A Court-Side Seat – Case Law Update (February 2022)

    March 06, 2022 —
    It is already early in 2022, but several important environmental cases have already been decided by the federal district and federal appellate courts. THE COURTS OF APPEAL The U.S. Court of Appeals for the Fourth Circuit West Virginia State University Board of Governors v. The Dow Chemical Company, et al. On January 10, 2022, the court decided this case, in which Dow and the other defendants attempted to remove a state groundwater contamination lawsuit to federal court, citing the federal officer removal statute and the presence of a significant federal question. Both the federal district court and the appellate court rejected these arguments and remanded the lawsuit to the state court. For many years, Dow and other parties had been engaged in a RCRA hazardous waste cleanup at an industrial site located in Institute, West Virginia. RCRA permits and corrective action authorizations were issued or supervised by EPA. The plaintiffs complained that the groundwater cleanup, insofar as it affected their property, was deficient, which compelled them to supplement the ongoing federal cleanup with a lawsuit based on West Virginia causes of action and unique to their property. After a careful review of the record, the Fourth Circuit held that the defendants were not acting under the “subjection, guidance or control” of the EPA, and therefore the federal officer removal statute did not apply. Moreover, there was no federal question to resolve as the separate state lawsuit did not challenge a CERCLA cleanup nor did it arise from the RCRA remedial measures that had been taken. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

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

    January 02, 2024 —
    The Appellate Court of Maryland issued a reported opinion in a case construing an American Institute of Architects (“AIA”) A312 performance bond. In Wildewood Operating Company, LLC v. WRV Holdings, LLC, et al. 2023 Md. App. LEXIS 720 (Oct. 30, 2023), the Appellate Court of Maryland held that a performance bond surety was discharged from liability where the owner/obligee failed to give the surety notice of the contractor’s default termination until after a third party had completed the work. The project concerned the construction of an assisted living facility in St. Mary’s County, Maryland. The owner, Wildewood Operating Company, LLC, entered into an A312-2010 performance bond with Clark Turner Construction, LLC, as contractor, and First Indemnity of America Insurance Company, as surety. When Clark Turner failed to complete certain stormwater management work adjacent to the site, Wildewood, Clark Turner, and other parties entered into a Work Agreement to address completion of the work. The surety was not a party to the Work Agreement. Read the court decision
    Read the full story...
    Reprinted courtesy of Joel P. Williams, White and Williams LLP
    Mr. Williams may be contacted at williamsj@whiteandwilliams.com

    OSHA Releases COVID-19 Guidance

    June 15, 2020 —
    The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) ensures safe and healthful working conditions for employees by setting and enforcing standards and by providing training, outreach, education and assistance. The COVID-19 outbreak has increased demand for N95 filtering face piece respirators (N95 FFRs), limiting availability for workers in healthcare and emergency response. On April 3, 2020, OSHA issued interim guidance for employers to combat the supply shortages of N95 FFRs and to comply with the respiratory protection standard (29 CFR § 1910.134). This guidance will remain in effect until further notice and applies in all industries. Employers must continue to manage their respiratory protection programs and be mindful of N95 FFR shortages. Specifically, employers should identify and evaluate respiratory hazards in the workplace, and develop and implement written respiratory protection programs. Businesses should reassess their engineering controls, work practices, and administrative controls to identify any changes they can make to decrease the need for N95 FFRs. Some examples provided in the guidance include using portable local exhaust systems or moving operations outdoors. Employers may also consider temporarily suspending non-essential operations, to the extent such operations are not already suspended due to state mandates. Reprinted courtesy of L. Stephen Bowers, White and Williams LLP and Joshua Tumen, White and Williams LLP Mr. Bowers may be contacted at bowerss@whiteandwilliams.com Mr. Tumen may be contacted at tumenj@whiteandwilliams.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Congratulations to Nicholas Rodriguez on His Promotion to Partner

    November 25, 2024 —
    Bremer Whyte Brown & O’Meara, LLP is very proud to announce that Nick Rodriguez has been promoted to the position of partner with the firm! Nick has been with BWB&O since 2019 and is licensed to practice law in California and the U.S. District Courts. Nick’s practice focuses on complex construction defect matters, as well as personal injury and wrongful death claims. During his time with the firm, Nick has successfully represented numerous clients through alternative dispute resolution and has taken matters to trial where he has received favorable jury verdicts. He also supervises and manages a team of associates in the Newport Beach office. Read the court decision
    Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Coverage Found for Faulty Workmanship Damaging Other Property

    January 06, 2016 —
    The district court found that under Illinois law, the damage caused by the insured's faulty workmanship to portions of building beyond the scope of its own work was covered under a CGL policy. Westfield Ins. Co. v. Nat'l Decorating Serv., 2015 U.S. Dist. LEXS 159140 (N.D. Ill. Nov. 25, 2015). 200 North Jefferson, LLC was the owner and developer of a 24- story condominium building. 200 North Jefferson retained as the general contractor McHugh Construction Co. McHugh Construction retained National Decorating Service, Inc. as the subcontractor to perform all painting work on the project. The Condominium Association sued 200 North Jefferson, McHugh Construction, MCZ/Jameson Development Group, LLC, National Decorating for faulty workmanship. The alleged damages included:(1) cracking of the exterior concrete walls, interior walls and ceilings; (2) significant leakage through the exterior concrete walls, balconies, and windows; (3) defects to the common elements of the building; and (4) damage to the interior ceilings, floors, interior painting, drywall and furniture in the units. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Blueprint for Change: How the Construction Industry Should Respond to the FTC’s Ban on Noncompetes

    May 13, 2024 —
    In a groundbreaking move aimed at fostering fair competition and empowering workers, the Federal Trade Commission (FTC) issued a final rule last week to ban noncompete agreements nationwide. This ruling may carry profound implications for the construction industry, prompting construction businesses to reassess their practices and ensure compliance while maintaining competitiveness. Let’s explore how construction companies, large and small, can navigate this regulatory shift effectively. Noncompete clauses have long been a staple in employment contracts within the construction sector, often used to protect proprietary information and retain skilled talent. However, the FTC’s ban on noncompetes demands a reevaluation of these practices. Employers must recognize the potential consequences of noncompliance, including legal repercussions and reputational damage, and take proactive steps to adapt to the new regulatory landscape. Communications with Employees The FTC rule requires employers to provide a form notice of non-enforcement to all present and former employees subject to an unexpired noncompete provisions. However, given the immediate legal challenges to the FTC’s rule and the fact that the 120-day compliance window has not yet begun, there is no reason to take immediate action or begin notifying employees. Instead, business owners should wait for at least 60 days before taking concrete action in response to the rule to see if any court temporarily enjoins the effectiveness of the rule. Read the court decision
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    Reprinted courtesy of Matthew DeVries, Burr & Forman LLP
    Mr. DeVries may be contacted at mdevries@burr.com