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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


    Panel Declares Colorado Construction Defect Laws Reason for Lack of Multifamily Developments

    Chambers USA 2022 Ranks White and Williams as a Leading Law Firm

    Lane Construction Sues JV Partner Skanska Over Orlando I-4 Project

    Standard Lifetime Shingle Warranties Aren’t Forever

    Feds OK $9B Houston Highway Project After Two-Year Pause

    The Insurance Coverage Debate on Construction Defects Continues

    After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects

    Construction Law Alert: Builder’s Alternative Pre-litigation Procedures Upheld Over Strong Opposition

    Reduce Suicide Risk Among Employees in Remote Work Areas

    Court Rules in Favor of Treasure Island Developers in Environmental Case

    UK Construction Defect Suit Lost over One Word

    Consultant’s Corner: Why Should Construction Business Owners Care about Cyber Liability Insurance?

    Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage

    Express Warranty Trumping Spearin’s Implied Warranty

    A Good Examination of Fraud, Contract and Negligence Per Se

    National Lobbying Firm Opens Colorado Office, Strengthening Construction Defect Efforts

    Hunton’s Geoffrey Fehling Confirmed to DC Bar Foundation’s Young Lawyers Network Leadership Council

    Staffing Company Not Entitled to Make a Claim Against a Payment Bond and Attorneys’ Fees on State Public Works Payment Bonds

    Gene Witkin Joins Ross Hart’s Mediation Team at AMCC

    5 Questions about New York's Comprehensive Insurance Disclosure Act

    Denver Parking Garage Roof Collapses Crushing Vehicles

    ASCE Statement On House Passage Of The Precip Act

    2017 California Employment Law Update

    Economic Damages Cannot be Based On Speculation

    White and Williams LLP Acquires 6 Attorney Firm

    California Appeals Court Remands Fine in Late Completion Case

    “Genuine” Issue of “Material” Fact and Summary Judgments

    Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

    New York Building Boom Spurs Corruption Probe After Death

    New York Appellate Court Expands Policyholders’ Ability to Plead and Seek Consequential Damages

    California Court Forces Insurer to Play Ball in COVID-19 Insurance Coverage Suit

    Handling Construction Defect Claims – New Edition Released

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    Fourth Circuit Issues New Ruling on Point Sources Under the CWA

    Legal Matters Escalate in Aspen Condo Case

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    Don’t Just Document- Document Right!

    WSHB Secures Victory in Construction Defect Case: Contractor Wins Bench Trial

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

    Second Circuit Finds Potential Ambiguity in Competing “Anti-Concurrent Cause” Provisions in Hurricane Sandy Property Loss

    Allocating Covered and Uncovered Damages in Jury Verdict

    Court Strikes Down Reasonable Construction Defect Settlement

    White and Williams Celebrates 125th Anniversary

    Deadly Fire in Older Hawaii High-Rise Causes Sprinkler Law Discussion

    A New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed Monetarily

    If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?

    Angela Cooner Named "Top Lawyer" by Phoenix Magazine in Inaugural Publication

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    Michigan Court of Appeals Remands Construction Defect Case

    Environmental Roundup – April 2019
    Corporate Profile

    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

    Tension Over Municipal Gas Bans Creates Uncertainty for Real Estate Developers

    February 07, 2022 —
    On November 15, 2021, the New York City Council approved a bill banning gas hookups in new buildings, making the biggest city in the U.S. the latest in a string of municipalities to prohibit natural gas infrastructure in new homes and buildings. In the two-and-a-half years since Berkeley, California, passed its then-novel municipal ban on new natural gas infrastructure, numerous cities have found themselves at odds with state governments and industry groups on the issue of full electrification in residential and commercial real estate. The resulting disputes, litigation and regulatory uncertainty have created headaches for the real estate industry. Although not all view the restrictions as negative, and many developers have embraced the push for more climate-neutral buildings, these bans introduce complexity to the real estate market, raising additional legal and commercial challenges. Background According to the U.S. Environmental Protection Agency, the use of natural gas in homes and businesses accounts for 13 percent of annual U.S. greenhouse gas emissions. For that reason, advocacy groups have pushed cities to prohibit natural gas infrastructure in new construction and encourage full electrification of newly constructed buildings. In addition to New York and Berkeley, cities that have either passed or considered such ordinances include San Francisco, Sacramento, Seattle and Denver, as well as numerous smaller cities. New York City’s newly passed gas ban, in particular, prohibits natural gas hookups in new buildings under seven stories by 2024, and in taller buildings by 2027, but exempts hookups in commercial kitchens. Reprinted courtesy of Sidney L. Fowler, Pillsbury, Robert G. Howard, Pillsbury and Emily Huang, Pillsbury Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com Mr. Howard may be contacted at robert.howard@pillsburylaw.com Ms. Huang may be contacted at emily.huang@pillsburylaw.com Read the court decision
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    Reprinted courtesy of

    Trump Sues Casinos to Get Conditions Fixed or Name Off

    August 06, 2014 —
    Donald Trump sued two Atlantic City casinos that he no longer operates to force their owner either to improve “appalling” conditions or remove his name in a market where gamblers are fleeing and bankruptcies are rising. Trump Plaza Hotel & Casino and Trump Taj Mahal fail to meet industry standards for cleanliness, hotel services and food and beverages, according to a complaint filed yesterday in state court in Atlantic City, New Jersey. Trump wants a judge to compel Trump Entertainment Resorts Inc., which he once controlled, to correct the shortcomings or jettison his name. The Trump Entertainment Resorts website includes his photograph above this quote: ``The Trump casinos in Atlantic City are among the finest and most luxurious resorts you'll find anywhere in the world. I personally invite you to experience everything that we have to offer.'' Trump Plaza is set to close Sept. 16, putting 1,000 people out of work. Read the court decision
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    Reprinted courtesy of David Voreacos, Bloomberg
    Mr. Voreacos may be contacted at dvoreacos@bloomberg.net

    Depreciating Labor Costs May be Factor in Actual Cash Value

    April 20, 2016 —
    The Minnesota Supreme Court considered a certified question from the the U.S. District Court regarding consideration of depreciating labor costs in determining the actual cash value of a loss. Wilcox v. State Farm Fire & Cas. Co., 2016 Min. LEXIS 50 (Minn. Feb. 10, 2016). The insureds' home was damaged by hail. State Farm provided a written estimate that calculated the actual cash value of the loss. To estimate the actual cash value of the damaged property, State Farm first calculated the replacement costs of individual items, such as roof flashing, siding, fascia, gutters, and window screens. Next, State Farm subtracted the pre-loss depreciation of some, but not all, individual items. For example, State Farm depreciated the cost of removing and replacing certain materials, such as siding. State Farm did not depreciate the cost of the new siding separately from the cost of the labor required to install the new siding on the home. Instead, State Farm calculated the removal and replacement of the siding as a single cost, then depreciated the removal-and-replacement cost as a whole. The cost of labor to repair or replace the damaged property was referred to by the court as "embedded labor costs." 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

    Puerto Rico Grid Restoration Plagued by Historic Problems, New Challenges

    November 08, 2017 —
    While the federal government is helping to restore power to Puerto Rico as fast as it can, that work is being made more difficult due to the dilapidated, pre-Hurricane Maria state of the grid and because long-term, post-disaster power restoration is typically not the federal government's mission. Read the court decision
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    Reprinted courtesy of Pam Radtke Russell, ENR
    Ms. Russell may be contacted at Russellp@bnpmedia.com

    EEOC Chair Issues New Report “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry”

    June 05, 2023 —
    WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) Chair Charlotte A. Burrows issued a report today titled, “Building For The Future: Advancing Equal Employment Opportunity in the Construction Industry.” The report provides findings and next steps based on the agency’s enforcement experience, witness testimony presented at the EEOC’s May 2022 hearing on discrimination and harassment in construction and other Commission hearings, and academic research. “The recent historic federal infrastructure investments provide a once-in-a-generation opportunity to break down barriers and expand opportunity in the construction industry,” said EEOC Chair Charlotte A. Burrows. “While discrimination has long been an issue in the industry, we can decide the future. I look forward to working with industry leaders, employers, and unions to help ensure safe and inclusive workplaces for all workers.” Read the court decision
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    Reprinted courtesy of

    Design-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]

    December 02, 2019 —
    “Design-Assist” is one of the recent cost-saving trends being touted for construction projects and, in particular, construction projects utilizing alternative procurement methods. If an internet search for the term, “design-assist” is made, the result will be numerous construction industry articles and white papers lauding “design-assist” as a recent cost-saving trend in construction procurement. From a legal perspective, however, the term “design-assist” is notably absent from court opinions and most state licensing laws. With the exception of the ConsensusDocs, few standard form contracts even include the term “design-assist” in their text. The ConsensusDocs agreement provides examples of the Constructor’s obligations to perform “assisting activities” (the term “design-assist” is not used) and states that, notwithstanding the performance of such “assisting activities” by the Constructor, the responsibility of the design remains with the Designer unless otherwise stated in the Contract:
    • Article 4.5 DESIGN PROFESSIONAL’S RESPONSIBIITIES The Designer shall furnish or provide all design and engineering services necessary to design the Project in accordance with the Owner’s objectives … the Designer shall draw upon the assistance of Constructor and others in developing the design, but the Designer shall retain overall responsibility for all design decisions….
    • Article 4.6 CONSTRUCTOR’S RESPONSIBILITIES [T]he Constructor shall assist the Designer in the development of the Project Plan and Project Design but shall not provide professional services which constitute the practice of architecture or engineering unless the Constructor needs to provide such services in order to carry out its responsibilities … or unless specifically called for by the Contract Documents.
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    Reprinted courtesy of John P. Ahlers, Ahlers Cressman & Sleight PLLC
    Mr. Ahlers may be contacted at john.ahlers@acslawyers.com

    Related’s $1 Billion Los Angeles Project Opens After 15-Year Wait

    August 22, 2022 —
    It’s taken 15 years — longer than the time to finish Manhattan’s Hudson Yards — for Related Cos. to complete the Grand LA, a $1 billion hotel, residential and retail complex designed by star architect Frank Gehry. The Los Angeles hilltop development’s 28-floor Conrad hotel opens July 6, and the first tenants move into a neighboring 45-story apartment tower on July 15. The retail section — a mall-like space between the two towers for restaurants and boutiques — debuts in 2023. Grand LA rises across Grand Avenue from Gehry’s aluminum-clad Walt Disney Concert Hall, home of the Los Angeles Philharmonic. Nearby palaces of culture include the Dorothy Chandler Pavilion, the Ahmanson Theatre, the Broad art museum, Los Angeles Museum of Contemporary Art and the Colburn School, a music and dance academy. Read the court decision
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    Reprinted courtesy of John Gittelsohn, Bloomberg

    Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

    September 19, 2022 —
    (August 18, 2022) - Best Lawyers has selected 149 Lewis Brisbois attorneys across 46 offices for inclusion in its list of 2023 Best Lawyers in America. It has also recognized four Lewis Brisbois partners on its "Lawyers of the Year" list: Chairman & Founding Partner Robert F. Lewis (Insurance Law); Portland Managing Partner Eric J. Neiman (Litigation - Health Care); Akron Managing Partner David Kern (Tax Law); and Roanoke Partner Paul C. Kuhnel (Medical Malpractice Law - Defendants). Please join us in congratulating these four partners and the following attorneys on their Best Lawyers recognition.
    • Nashville Partner Tara Aaron-Stelluto: Copyright Law
    • Pittsburgh Partner Andrew F. Adomitis: Mass Tort Litigation / Class Actions - Defendants
    • Fort Lauderdale Partner Vincent F. Alexander: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
    • Miami Partner Seth Alhadeff: Litigation - Insurance
    • Seattle Partner Randy J. Aliment: Commercial Litigation
    • Phoenix Partner Dina Anagnopoulos: Medical Malpractice Law - Defendants
    • Madison County Partner Charles S. Anderson: Mass Tort Litigation / Class Actions – Defendants
    • Reno Managing Partner Jack G. Angaran: Insurance Law, Litigation – Construction, Litigation - Real Estate
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    Reprinted courtesy of Lewis Brisbois