Cambridge Massachusetts Building Expert Directory

Appellate Court Reinforces When the Attorney-Client Relationship Ends for Purposes of “Continuous Representation” Tolling Provision of Legal Malpractice Statute of Limitations

October 20, 2016 — Stephen J. Squillario & David W. Evans – Haight Brown & Bonesteel, LLP
In Gotek Energy, Inc. v. Socal IP Law Group, LLP (No. B26668, October 12, 2016), the Second District Court of Appeal held that rather than the date on which a client file is transferred to new counsel, the attorney-client relationship ends for statute of limitations purposes when, using an objective standard, there is no “ongoing mutual relationship” nor evidence of “activities in furtherance of the relationship.” (Emphasis in opinion.) Reprinted courtesy of Stephen J. Squillario, Haight Brown & Bonesteel LLP and David W. Evans, Haight Brown & Bonesteel LLP Mr. Squillario may be contacted at ssquillario@hbblaw.com Mr. Evans may be contacted at devans@hbblaw.com Read the court decision
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Revel Closing Shows Gambling Is No Sure Thing for Renewal

September 03, 2014 — Christopher Palmeri – Bloomberg
The Revel Casino Hotel was envisioned as a playground for Wall Streeters who hated flying to Las Vegas. Instead, it’s become a money pit for the banks and money managers who spearheaded the New Jersey project, and the losses will keep coming even after closing today. The Atlantic City resort, built at a cost of $2.4 billion, ceased operations after two bankruptcies and a 10-month search for a buyer. Barring a sale, the new owners may be Wells Fargo & Co. and JPMorgan Chase & Co., which provided $125 million in court-approved funding. Previous backers also included Capital Group Cos., the third-largest manager of U.S. mutual funds, and Morgan Stanley, the original investor. The resort fell prey to poor timing, bad design and a misreading of the local market. The Revel saga shows what can go wrong when bankers stray from what they know, according to Charles Geisst, a professor of finance at Manhattan College in New York and author of the book “Wall Street: A History.” Read the court decision
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Reprinted courtesy of Christopher Palmeri, Bloomberg
Mr. Palmeri may be contacted at cpalmeri1@bloomberg.net

Sun, Sand and Stir-Fry? Miami Woos Chinese for Property: Cities

February 18, 2015 — Blake Schmidt and Bill Faries – Bloomberg
(Bloomberg) -- Miami has a Little Havana and Little Haiti, a neighborhood known as Westonzuela and even the Venetian Islands. What it doesn’t have is a Chinatown. Shan-Jie Li wants to do something about it. The developer from the city of Linyi in China’s wintry northeast aims to make Florida’s most-populous metropolitan area, with its clean beaches and tropical climate, a destination for Chinese property investors. “We are focused on bringing to Miami the new wave of Chinese who are wealthy and educated,” Li said in a phone interview via a translator. “The environment in Miami makes for a very suitable lifestyle. Playing golf and going to the beach are huge attractions.” Reprinted courtesy of Blake Schmidt, Bloomberg and Bill Faries, Bloomberg Mr. Schmidt may be contacted at bschmidt16@bloomberg.net; Mr. Faries may be contacted at wfaries@bloomberg.net Read the court decision
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Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice

April 25, 2023 — Garret Murai - California Construction Law Blog
Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your case at trial in a way that causes the judge and/or jury to raise their eyebrows or shake their heads in disbelief. But, as with nearly everything, there’s always an exception. One of which is: don’t hold back on a claim because you “think” you might be able to bring it later, because you might not be able to as the next case, 5th and LA v. Western Waterproofing Company, Inc., 87 Cal.App.5th 781 (2023), demonstrates. The 5th and LA Case At the outset, let me first say how much I enjoyed reading this case based on the writing alone. The case, as the 2nd District Court of Appeals states, involves “a second lawsuit about an increasingly leaky roof.” In 2012, property owner 5th and LA hired roofing contractor Western Waterproofing Company, Inc. to remove and recoat a parking lot that served also served as the roof over retail and office space below. Western completed its work in July 2012 and almost immediately 5th and LA noticed water that the coating was failing causing water leaks to the interior of the building. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Business Interruption Claim Granted in Part, Denied in Part

February 16, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The court granted portions of the business interruption claim, while denying other portions. Phoenix Ins. Co. v. Infogroup, Inc., 2015 U.S. Dist. LEXIS 162810 (S. D. Iowa Nov. 30, 2015). Phoenix insured Infogroup's business buildings and personal business property, including data and data processing equipment. In late May 2011, warnings were issued of possible flooding from the Missouri River. On June 1, 2011, Infogroup moved and relocated its business operations and data centers away from the river and did not intend to return to the facilities. On July 19, 2011, Phoenix advanced $500,000 to Infogroup for anticipated claims under the policy. On August 22, 2011, heavy rain left surface water in the parking lot at Infogroup's facilities. Infogroup claimed that it suffered minor property damage during July and August, 2011, including damage to an uninterruptable power source and damage to a server. 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

Federal Public Works Construction Collection Remedies: The Miller Act Payment Bond Claim

July 30, 2015 — William L. Porter – The Porter Law Group Bulletin
Federal public work construction projects are unique in that there are no Stop Payment Notice or Mechanics Lien remedies available. Furthermore, although a remedy is available by proceeding against the original contractor’s payment bond under a federal law known as the “Miller Act” and its corresponding Federal Regulations (40 USCS 3131 et seq. and 48 CFR 28.101-1 et seq.), this remedy is not available to all subcontractors or suppliers. In addition, there are circumstances where a different form of security can be substituted for the payment bond (40 USCS 3131(b)(2)). Among those who generally cannot sue on the Miller Act Payment Bond are third-tier subcontractors and suppliers to suppliers. (See J.W. Bateson Company v. Board of Trustees, 434 U.S. 586 (1978)). As a general rule, every subcontractor, laborer, or material supplier who deals directly with the prime contractor may bring a lawsuit against the bond company providing the Miller Act Payment Bond. Further, every subcontractor, laborer, or material supplier who has a direct contractual relationship with a first tier subcontractor may bring such an action. Read the court decision
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Reprinted courtesy of William L. Porter, The Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Claim for Vandalism Loss Survives Motion to Dismiss

October 02, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The court ruled that the insured's claim for vandalism of his house by a renter and for bad faith survived the insurer's motion to dismiss. Wehrenberg v. Metro. Prop. & Cas. Ins. Co., 2015 U.S. Dist. LEXIS 103758 (W.D. Pa. Aug. 7, 2015). The insured's home was insured by a homeowner's policy issued by Metropolitan. The insured rented his home to Alphonso Hyman in October 2011. In lieu of rent, Hyman was to pay the mortgage company the equivalent of his rent each month. In early 2012, Hyman stopped making the monthly rent/mortgage payments. The insured went to the home and found the locks had been changed. Looking in the windows, he saw the interior had been gutted. When the insured reached Hyman, Hyman said he was a contractor and was fixing the structural problems and would put the house back together. He also promised to make up late payments to the mortgage company. The insured did not report what he found to Metropolitan. 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

Lewis Brisbois Launches New Practice Focusing on Supply Chain Issues

April 04, 2022 — Sean Shecter - Lewis Brisbois
Ft. Lauderdale, Fla. (March 31, 2022) - Lewis Brisbois has formed a Supply Chain Due Diligence Practice that will assist clients in navigating the issues they continue to face as a result of the many forces currently impacting the global supply chain. The attorneys who comprise Lewis Brisbois' new practice will advise companies on the complex and multi-disciplinary legal matters arising from, among other things, environment, social, and governance (ESG) policies, trade bans (i.e., "deglobalization"), and the U.S. government's efforts to emphasize "green investigations." Fort Lauderdale Partner Sean P. Shecter, a former federal prosecutor, will chair the new practice. “Companies need to be aware that several methodologically distinct forces are reshaping the global supply chain. Most law firms are not paying attention to this critical area," Mr. Shecter noted when discussing why the firm formally established this practice. "Lewis Brisbois recognizes that companies need trustworthy legal advice to navigate these multi-faceted legal issues, and so it has established this Supply Chain Due Diligence Practice and resource page. With its expansive network, Lewis Brisbois is well-positioned to help companies navigate and address these complex and multi-disciplinary legal issues.” Read the court decision
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Reprinted courtesy of Sean Shecter, Lewis Brisbois
Mr. Shecter may be contacted at Sean.Shecter@lewisbrisbois.com

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