Cambridge Massachusetts Building Expert Directory

Want More Transit (and Federal Funding)? Build Housing That Supports It

January 08, 2024 — M. Nolan Gray - Bloomberg
After decades of planning (and $2.1 billion spent), Los Angeles’ newest light rail line opened in October 2022. Joined by geeky rail obsessives and chaperoned children, I rode the K Line on opening day. A blend of underground, elevated and at-grade track, it’s a route only a politician could love. Stations were lavished with public art, and when the train wasn’t stuck in traffic, it glided through the sprawl. Yet one year later, it is Los Angeles’ least-used line, averaging just over 2,000 riders on an average weekday this fall. It isn’t hard to see why: The line begins at a vacant patch in Crenshaw and ends in a low-slung industrial park about six miles away, lined by strip malls the entire way. Walk one block east or west from any given station, and you’ll find yourself amid single-story postwar bungalows on 7,500-square-foot lots — all illegal to redevelop into apartments, thanks to local zoning. The Hyde Park Station deposits riders into a cluster of gas stations and drive-thru fast-food joints. Read the court decision
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Reprinted courtesy of M. Nolan Gray, Bloomberg

Florida Governor Bans Foreign Citizens From Buying Land in Florida

May 29, 2023 — Michael Gnesin - Lewis Brisbois
Ft. Lauderdale, Fla. (May 19, 2023) - Florida Governor Ron DeSantis recently signed a bill prohibiting Chinese citizens who are not U.S. citizens or permanent residents from purchasing any residential or commercial land or farmland in Florida. Senate Bill 264, titled “Interests of Foreign Countries,” will prohibit Chinese nationals from buying land unless they are American citizens or permanent residents. The bill also imposes certain restrictions on Chinese citizens – and others, including Russians and Venezuelans – with non-tourist visas when it comes to buying land near a military base in Florida. For example, and in an exception to the new law, Chinese citizens with non-tourist visas would be limited to buying fewer than two acres of land that is at least five miles away from any military institutions. Senate Bill 264 reads in pertinent part:

…A foreign principal may not directly or indirectly own, have a controlling interest in, or acquire by purchase, grant, devise, or descent agricultural land or any interest, except a de minimis indirect interest, in such land in this state…. …A foreign principal may not directly or indirectly own, or have a controlling interest in, or acquire by purchase, grant, devise, or descent any interest, except a de minimis indirect interest, in real property on or within 10 miles of any military installation or critical infrastructure facility in this state…

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Reprinted courtesy of Michael Gnesin, Lewis Brisbois
Mr. Gnesin may be contacted at Michael.Gnesin@lewisbrisbois.com

Arizona Supreme Court Holds a Credit Bid at a Trustee’s Sale Should Not be Credited to a Title Insurer Under a Standard Lender’s Title Policy To the Extent the Bid Exceeds the Collateral’s Fair Market Value

March 01, 2017 — Richard H. Herold - Snell & Wilmer Real Estate Litigation Blog
The Arizona Supreme Court recently addressed what impact, if any, a lender’s credit bid at an Arizona trustee’s sale has on an insurer’s liability under Sections 2, 7 and 9 of the standard’s lender’s title policy (“Policy”), holding in Equity Income Partners, LP v. Chicago Title Insurance Company, 241 Ariz. 334, 387 P.3d 1263 (February 7, 2017) as follows: 1. Section 2 of the Policy, entitled “Continuation of Insurance,” not Section 9, entitled “Reduction of Insurance; Reduction or Termination of Liability,” applies when a lender acquires property at a trustee sale by “either a full- or partial-credit bid” since Section 2 directly addresses the existence and amount of coverage in such circumstances. Id. at 1267. Read the court decision
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Reprinted courtesy of Richard H. Herold, Snell & Wilmer
Mr. Herold may be contacted at rherold@swlaw.com

Protect Against Design Errors With Owners Protective Professional Indemnity Coverage

March 14, 2018 — Joseph Nawa – New Day Underwriting Managers, LLC
Prior to the devastation caused by Hurricanes Harvey, Irma and Maria, the AIA Consensus Construction Forecast had predicted “slower growth for the construction industry for the remainder of 2017 and through 2018.” But, given the hundreds of billions of dollars in damages caused by these horrific events, Mark Zandi, chief economist at Moody's Analytics, estimates a lift to the economy through the rebuilding of these areas. This, of course, is dependent on insurer funds and the amount of aid offered through government sources. Nonetheless, the process will be costly, timely and exhaustive. Under such circumstances, speed is a necessity. In addition to being drawn into the earliest stages of the project development cycle, the services of construction professionals have merged so intensely that even their “consultative advice” have produced exposures in “collaborative” environments rife with liability. A challenge for contractors in today’s design/build marketplace is securing professional liability insurance policies that will not only manage the risks associated with their own errors and omissions, but also the problems caused by designers and others contracted to work on the project. However, this too is not very easy. Such policies when purchased by contractors can be exceedingly cost prohibitive. Read the court decision
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Reprinted courtesy of Joseph Nawa, Construction Executive, a Publication of Associated Builders and Contractors. All Rights Reserved
Mr. Nawa may be contacted at joseph.nawa@newdayunderwriting.com

Home Construction Thriving in Lubbock

December 30, 2013 — CDJ STAFF
The 2013 numbers for home construction aren’t ready yet, but the January through November numbers for Lubbock, Texas show a 42% increase over the number of construction permits issued for single-family homes in the first 11 months of 2012. The number look even better compared to 2011’s totals, according to KFYO. Read the court decision
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Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy

February 28, 2018 — Katherine E. Miller and Michael S. Levine – Hunton Insurance Recovery Blog
The Eleventh Circuit, in Mid-Continent Casualty Co. v. Adams Homes of Northwest Florida, Inc., No. 17-12660, 2018 WL 834896, at * 3-4 (11th Cir. Feb. 13, 2018) (per curiam), recently held under Florida law that a homebuilder’s alleged failure to implement a proper drainage system that allowed for neighborhood flooding triggered a general liability insurer’s duty to defend because the allegations involved a potentially covered loss of use of covered property. Reprinted courtesy of Katherine E. Miller, Hunton & Williams and Michael S. Levine, Hunton & Williams Ms. Miller may be contacted at kmiller@hunton.com Mr. Levine may be contacted at mlevine@hunton.com Read the court decision
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New Jersey/New York “Occurrence”

July 30, 2014 — Scott Patterson – CD Coverage
In National Union Fire Insurance Co. of Pittsburgh, PA v. Turner Construction Co., 986 N.Y.S.2d 74 (N.Y. App. Div. 2014), Turner was the general contractor for a high rise office building constructed in New Jersey for owner GSJC. Turner subcontracted with Permasteelisa for the building’s exterior curtain wall which consisted of granite and glass with an attached network of decorative pipe rails. A segment of the pipe rails fell from the building onto the street. GSJC determined that a significant percentage of the pipe rail connections to the curtain wall did not conform to specifications or were defective. GSJC sued Turner and Permasteelisa in New Jersey state court for breach of contract, breach of warranty, and negligence, seeking damages for the damage to the curtain wall and the danger of additional pipe rail falling in the future. National Union, which had issued an OCIP policy for the project, defended Turner and Permasteelisa under a reservation of rights and then filed a declaratory judgment action in New York state court. The New York trial court entered judgment for National Union. On appeal, the intermediate court of appeals affirmed. As to choice of law, the court stated that “it is undisputed that the law of New Jersey governs this action, which turns on insurance policy interpretation, and that New Jersey and New York law are consistent as to the issues in dispute here.” Read the court decision
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Reprinted courtesy of Scott Patterson, CD Coverage

Traub Lieberman Partners Lisa Rolle, Erin O’Dea, and Nicole Verzillo Win Motion for Summary Judgment in Favor of Property Owner

September 30, 2024 — Lisa M. Rolle, Erin O’Dea, Nicole Verzillo - Traub Lieberman
Traub Lieberman Partners Lisa Rolle, Erin O’Dea, and Nicole Verzillo won motion for summary judgment in a premises liability matter brought before the Supreme Court of the State of New York, Westchester County. The Plaintiff allegedly tripped and fell in a pothole on the common driveway of five abutting properties and sustained an injury. The firm represented one of the multiple property owners. Traub Lieberman moved for summary judgment, asserting that the claims against the firm’s client should be dismissed as they did not own, operate, control or make special use of the driveway where the incident occurred. The firm also asserted that the alleged condition of the driveway that allegedly caused Plaintiff’s accident was a non-actionable, trivial defect. The firm also moved to dismiss the cross-claims asserted against them, contending that there was no evidence of negligence on behalf of the firm’s client. As such, the court found that the defect was a non-actionable, trivial defect. The firm secured dismissal of Plaintiff’s claims against the firm’s clients and against all moving and non-moving Defendants. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman, Erin O’Dea, Traub Lieberman and Nicole Verzillo, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Ms. O'Dea may be contacted at eodea@tlsslaw.com Ms. Verzillo may be contacted at nverzillo@tlsslaw.com Read the court decision
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