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    Massachusetts Builders Right To Repair Current Law Summary:

    Current Law Summary: Case law precedent


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    No state license required for general contracting. Licensure required for plumbing and electrical trades. Companies selling home repair services must be registered with the state.


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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


    State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act

    Pollution Exclusion Does Not Apply To Concrete Settling Dust

    How Contractors Can Prevent Fraud in Their Workforce

    NYC Design Firm Executives Plead Guilty in Pay-to-Play Scheme

    Additional Insured Prevails on Summary Judgment For Duty to Defend, Indemnify

    Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

    North Carolina Learns More Lessons From Latest Storm

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

    2019 California Construction Law Update

    Nevada Bill Would Bring Changes to Construction Defects

    5 Ways Equipment Financing is Empowering Small Construction Businesses

    No Damages for Delay May Not Be Enforceable in Virginia

    You Need to be a Contractor for Workers’ Compensation Immunity to Apply

    PulteGroup Fires Exec Accused of Defamation By Founder’s Heir

    Virginia Families Hope to Sue over Chinese Drywall

    Hammer & Hand’s Top Ten Predictions for US High Performance Building in 2014

    No Coverage for Restoring Aesthetic Uniformity

    Insurance Law Alert: California Appeals Court Allows Joinder of Employee Adjuster to Bad Faith Lawsuit Against Homeowners Insurer

    Endorsements Preclude Coverage for Alleged Faulty Workmanship

    The Business of Engineering: An Interview with Matthew Loos

    Quick Note: Steps to Protect and Avoid the “Misappropriation” of a “Trade Secret”

    KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

    Editorial: Qatar Is Champion of Safety Hypocrisy in Migrant Worker Deaths

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    Ensuring Arbitration in Construction Defect Claims

    16 Wilke Fleury Attorneys Featured in Sacramento Magazine 2021 Top Lawyers!

    Construction Litigation Group Listed in U.S. News Top Tier

    MDL for Claims Against Manufacturers and Distributors of PFAS-Containing AFFFs Focuses Attention on Key Issues

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    FEMA Administrator Slams Failures to Prepare, Evacuate Before Storms

    Non-compliance With Endorsement Means No Indemnity Coverage

    Florida Issues Emergency Fraud Prevention Rule to Protect Policyholders in Wake of Catastrophic Storms

    Residential Construction Rise Expected to Continue

    No Indemnity After Insured Settles Breach of Implied Warranty of Habitability Claims

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    Impaired Property Exclusion Bars Coverage When Loose Bolt Interferes with MRI Unit Operation

    Congratulations to Haight Attorneys Selected to the 2021 Southern California Super Lawyers List

    No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse

    Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute

    Who's Who Legal Recognizes Two White and Williams Lawyers as Thought/Global Leaders in Insurance and Reinsurance
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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

    OSHA Advisory Committee, Assemble!

    February 06, 2023 —
    The Occupational Safety and Health Administration (OSHA) has sourced new members for its Advisory Committee on Construction Safety and Health, which was established by the Construction Safety Act to provide “advice and assistance in construction standards and policy matters” to the assistant secretary of labor for occupational safety and health. The committee consists of 15 members, one appointed by the secretary of labor, to represent the interests of employers, employees, state safety and health agencies, in addition to the public. Reprinted courtesy of Rachel E. Pelovitz, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Pelovitz may be contacted at pelovitz@abc.org Read the full story... Read the court decision
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    Reprinted courtesy of

    Incorporate Sustainability in Building Design to Meet Green Construction Goals

    September 25, 2018 —
    A few miles outside the city limits of Austin, Texas, construction work is expected to soon begin on the Austin Ridge Bible Church’s tri-level, 80,000-square-foot building. The building will house a 2,500-seat sanctuary, classrooms and other spaces where congregants can gather for prayer and fellowship. When the project is completed, scheduled for the end of 2019, it will produce a worship place that will significantly reduce the building’s energy costs in the years ahead. Reprinted courtesy of Norma Lehman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    The Importance of Engaging Design Professional Experts Early, with a Focus on Massachusetts Law

    June 27, 2022 —
    In any Massachusetts case alleging negligence against a design professional, an expert witness on the topic of liability is a critical, early consideration. Given the expense of expert witnesses, counsel representing design professionals are wise to evaluate (1) the need for an expert, (2) the timing of the engagement of an expert, and (3) the scope of the expert’s services. To begin, not every allegation of negligence against a design professional necessitates an expert opinion. “The test for determining whether a particular a particular matter is a proper one for expert testimony is whether the testimony will assist the jury in understanding issues of fact beyond their common experience.” Herbert A. Sullivan, Inc. v. Utica Mutual Insurance Co., 439 Mass. 387, 402 (2003) (addressing duties of an insurer). For instance, in its ruling in Parent v. Stone & Webster Engineering Corp., the Massachusetts Supreme Court noted no expert would be necessary to prove professional negligence where an electrician was injured by a mislabeled distribution box carrying 2,300 volts. 408 Mass. 108 (1990). It is reasonable to expect lay jurors to comprehend the duty of an electrician to properly label a distribution box carrying potentially fatal quantities of voltage. To the extent liability is readily recognizable to the average juror (i.e. “within the ken of the average juror”), significant cost savings are achievable by forgoing the use of an expert witness. That, however, is the exception. Read the court decision
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    Reprinted courtesy of Jay S. Gregory, Gordon Rees Scully Mansukhani
    Mr. Gregory may be contacted at jgregory@grsm.com

    No Duty to Defend under Homeowner's Policy Where No Occurrence, No Property Damage

    October 10, 2022 —
    The federal district court for the district of Hawaii granted the insurer's motion for summary judgment determining there was not duty to defend and no duty to indemnify the insured under a homeowner's policy. Allstate Ins. Co. v. Rosfeld, 2022 U.S. Dist. LEXIS 139123 (D. Haw. Aug. 4, 2022). The insured homeowners were sued in the underlying case for alleged failure to disclose poor flooding and plumbing issues during a December 2016 sale of the residence on Kauai. The disclosure statement purportedly made false representations and omitted material facts regarding various issues with the residence. The disclosure statement noted no sewage, drainage, water-related, or grading problems on the property, no damage to structures from flooding or leaks, no defects in the foundations or slabs, and no defects in the interior walls, baseboards or trim despite the insureds having experienced such issues during their ownership. The underlying complaint further alleged that the property had a history of drainage problems dating to 2006 and 2007, which the insureds knew about, or should have known about, when completing the disclosure statement. The insureds made a claim with Allstate in 2014 under their flood and homeowners policies for flooding or seepage into the basement of the house. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Nevada Supreme Court to Decide Fate of Harmon Towers

    June 28, 2013 —
    The Nevada Supreme Court started hearings on Tuesday, June 4 over the fate of Harmon towers. MGM Resorts is hoping to obtain permission from the court to tear down the tower, which they claim could collapse should an earthquake strike Las Vegas. Perini Corp, the builder, wants the building to remain standing in order to support their claim that the building’s flaws are through design and not construction errors. KLAS quoted one of Perini’s lawyers claiming that MGM had pursued a media strategy to prejudice potential jurors against the contractor. “CityCenter hired Cedric and Bunting to place advertisements with the media to win the hearts and minds of the community and to convince the public pretrial that Perini was, quote, ‘scum of the earth.’” If the Supreme Court gives the go-ahead, demolition would begin soon. Still pending, is the $500 lawsuit over the allegations of construction defects. Read the court decision
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    Reprinted courtesy of

    Resurgent Housing Seen Cushioning U.S. From World Woes: Economy

    January 28, 2015 —
    (Bloomberg) -- Real estate developer Crescent Communities in Charlotte, North Carolina, expects to sell 1,000 new homes this year across the Southeast U.S. and Texas, double the number of two years ago. “Demand is the strongest since the recession” that ended in June 2009 and stemmed from the collapse in housing, said Chief Executive Officer Todd Mansfield. “The economy is getting better and the labor market is getting better.” Read the court decision
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    Reprinted courtesy of Steve Matthews, Bloomberg
    Mr. Matthews may be contacted at smatthews@bloomberg.net

    ASBCA Validates New Type of Claim Related to Unfavorable CPARS Review [i]

    May 03, 2017 —
    For government contractors, an unfavorable performance rating review posted to the Contractor Performance Assessment Reporting System (“CPARS”) can be extremely costly. Many of the government-negotiated solicitations include past performance as an important, and sometimes even primary, evaluation factor for contract award. An unfavorable CPARS review on a past contract can cause the contractor to incur substantial extra costs in addressing the unfavorable review with contracting officers on future solicitations, and, in some instances, the contractor saddled with an unfair or inaccurate CPARS may have to challenge the review and recover some of these costs. Both the Federal Court of Claims and the Armed Services Board of Contract Appeals (“ASBCA”) have held that they have jurisdiction to hear Contract Dispute Act claims regarding unfair and/or inaccurate CPARS review. The relief available to contractors until this year was a declaration from the Court of Claims or Board that an unfair or inaccurate CPARS review was arbitrary and capricious. Neither the Board nor the Court had the authority or power to order the contracting officer to change the unfavorable review. The contractor who received a declaration from the Court or the Board regarding an unfavorable CPARS review may use it in the future to explain the unfavorable review when bidding new government work; however, the unfavorable review remains in the CPARS system and shows up on all future solicitations, the Board or Court decision notwithstanding. 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

    Tropical Storms Pile Up Back-to-Back-to-Back Out West

    September 17, 2014 —
    Tropical Storm Polo, the 16th storm of an unusually active eastern Pacific hurricane season, is on a path eerily like that of Odile, which blasted the Baja California peninsula earlier this week. Odile went ashore late Sept. 14 with top winds of 125 miles (201 kilometers) per hour, the strongest storm to hit the region since 1967. As its winds swept the resort city of Cabo San Lucas, it was a Category 3 storm on the five-step Saffir-Simpson scale and a major hurricane. At its peak, hours before landfall, Odile’s winds reached 135 mph, Category 4-force. Photos from Mexico’s Baja California Sur show houses destroyed, hotels piled with debris and gaping holes in the local airport. At least 30,000 tourists were stranded. Read the court decision
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    Reprinted courtesy of Brian K. Sullivan, Bloomberg
    Mr. Sullivan may be contacted at bsullivan10@bloomberg.net