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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


    Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

    Building Amid the COVID Challenge

    Intel's $20B Ohio 'Mega-Site' is Latest Development in Chip Makers' Rush to Boost US Production

    Crowdfunding Comes to Manhattan’s World Trade Center

    Amendments to California Insurance Code to Require Enhanced Claims Handling Requirements for Claims Arising Out Of Catastrophic Events

    Condo Owners Suing Bank for Failing to Disclose Defects

    New Home Construction Booming in Texas

    Vincent Alexander Named to Florida Trend’s Legal Elite

    Where Did That Punch List Term Come From Anyway?

    As the Term Winds Down, Several Important Regulatory Cases Await the U.S. Supreme Court

    Delaware Strengthens Jurisdictional Defenses for Foreign Corporations Registered to Do Business in Delaware

    When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?

    Proximity Trace Used to Monitor, Maintain Social Distancing on $1.9-Billion KCI Airport Project

    Eleven Payne & Fears Attorneys Honored by Best Lawyers

    Wildfire Risk Harms California Home Values, San Francisco Fed Study Finds

    Haight Brown & Bonesteel Attorneys Named Best Lawyers in America ® 2016

    Project Completion Determines Mechanics Lien Recording Deadline

    Ohio: Are Construction Defects Covered in Insurance Policies?

    Building and Landscape Standards Enacted in Response to the Governor's Mandatory Water Restrictions Dealing with the Drought and Possible Effects of El Niño

    Documentation Important for Defending Construction Defect Claims

    Survey Finds Tough Labor Market Top-of-mind for Busy Georgia Contractors

    Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue

    Damp Weather Not Good for Wood

    Recent Regulatory Activity

    Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

    Coronavirus Is Starting to Slow the Solar Energy Revolution

    Suing the Lowest Bidder on Public Construction Projects

    IRMI Expert Commentary: Managing Insurance Coverage from Multiple Insurers

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    Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory

    SIG Earnings Advance 21% as U.K. Construction Strengthens

    Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law

    One to Watch: Case Takes on Economic Loss Rule and Professional Duties

    The Practical Distinction Between Anticipatory Breach and Repudiation and How to Deal with Both on Construction Projects

    Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

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    Construction Litigation Roundup: “The New Empty Chair.”

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    Corporate Profile

    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Cambridge, Massachusetts Building Expert Group provides a wide range of trial support and consulting services to Cambridge's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Cambridge, Massachusetts

    Environmental Justice Legislation Update

    May 17, 2021 —
    Environmental Justice, as an urgent priority of the Federal Government, dates back to 1994, and President Clinton’s issuance of Executive Order 12898. This order directed federal agencies to identify and address, as appropriate, the disproportionately high and adverse human health and environment effects of its many programs, policies and procedures on minority populations and low-income populations. The primary legal basis for this order was Title VI of the Civil Rights Act of 1964, in particular, Sections 601 and 602, which prohibit discrimination in programs and activities receiving federal financial aid and assistance. Over the years, the Supreme Court has reviewed the scope and importance of Title VI. In Alexander v. Sandoval, decided in 2001, the Court concluded that while private parties could sue to enforce Section 601 or its implementing regulations, as written, Section 601 only prohibits intentional discrimination. Noting that disproportionate impact is not the sole touchstone of invidious racial discrimination. Moreover, the Court also ruled in Sandoval that private parties cannot sue to enforce regulations implementing Section 602. Perhaps as an acknowledgement of these shortcomings, the Environmental Protection Agency (EPA) has established an administrative system to process environmental justice complaints at 40 CFR Part 7. Without strengthening the statutory base of environmental justice, the program may continue to be the subject of countless symposiums and seminars. However, this may change soon. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Living Not So Large: The sprawl of television shows about very small houses

    March 12, 2015 —
    Vince and Sam are newlywed twentysomethings who’ve been bunking with family for a year. Finally, they’ve saved up enough to buy a palace to call their own. Well, sort of: They want to shrink their footprint and expenses by living in a custom-built, 204-square-foot standalone house in southern New Jersey. It has to have room for gym equipment—they’re fitness buffs—and a study for Sam, who’s in medical school. Even Vince’s adorably headbanded mom isn’t sure how it will all fit. When Vince and Sam first see their new digs under construction, tall and narrow like a top-heavy garage, Vince admits they’re “freaking out on the inside.” So goes a standard episode of Tiny House Nation, the first of a half-dozen miniaturized real estate shows that have recently premiered. “We discovered that for millennials, there was an overriding social trend of extreme downsizing, and we wanted to dig deep into that,” says Gena McCarthy, executive producer of the show, which began airing last year after the Biography Channel morphed into the youth-focused FYI network. Last summer’s first season averaged 257,000 viewers per week, according to Nielsen; this season’s average viewership is up 77 percent, to 465,000. Read the court decision
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    Reprinted courtesy of S Jhoanna Robledo, Bloomberg

    What You Need to Know About Additional Insured Endorsements

    August 30, 2017 —
    A well-drafted insurance clause is an integral part of a construction contract because it sets forth a subcontractor’s obligations to add the general contractor to its policies of insurance as an additional insured and identifies the manner by which the general contractor will qualify as an additional insured. In a typical construction contract, the general contractor will be an additional insured via a scheduled endorsement or a blanket endorsement. Scheduled Endorsements A scheduled endorsement contains a “schedule” in which the person or organization that is named in the schedule is added to the policy as an additional insured. The following scheduled endorsements are commonly used in construction contracts. Read the court decision
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    Reprinted courtesy of Gary Barrera, Wendel Rosen Black & Dean LLP
    Mr. Barrera may be contacted at gbarrera@wendel.com

    2022 Construction Outlook: Continuing Growth But at Slower Pace

    January 24, 2022 —
    In the midst of a pandemic that has lasted far longer than I think many of us thought it would, it’s been a study in contrasts:
    • There has been over 305 million COVID-19 cases and 5.5 million deaths worldwide since the start of the pandemic.
    • The U.S. stock market gained a whopping 26.9% in 2021.
    • The annual rate of inflation in the U.S. hit 6.8% in November 2021 the highest it has been in nearly 40 years.
    • The U.S. unemployment rate stood at 4.2% at the end of 2021, down from 14.7% in April 2020, the second highest unemployment rate since the Great Depression.
    • The Doomsday Clock struck 100 seconds before midnight in 2021 as scientists warn that global leaders are doing too little too late to combat climate change that has seen global temperatures rise roughly 2 degrees Fahrenheit since the pre-industrial era.
    • 2021 saw the launch of the first all-civilian spaceflight by Elon Musk’s Space X which was just one of 16 private spaceflights by tech billionaires Richard Branson’s Virgin Galactic and Jeff Bezos’ Blue Origin.
    For the construction industry, when we started out in 2021, economists were estimating that construction starts would be up just 4% in 2021 after taking a 14% free-fall in 2020. As it turned out, construction starts increased 12% in 2021. That’s why economic forecasts should be viewed less like a marksmanship competition and more like horseshoes and hand grenades. Close is about the best you can realistically hope for. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

    February 15, 2018 —

    On December 19, 2017, the Connecticut Supreme Court released its decision in Nationwide Mutual Ins. Co. v. Pasiak. The decision is significant for two reasons: 1) it clarifies the amount of proof an insurer needs to determine whether an exclusion to coverage applies; and 2) it found that where an insurance policy expressly provides coverage for an intentional act such as false imprisonment, common-law punitive damages are also covered.

    Underlying action

    The underlying action proves that real life is often stranger than fiction. Ms. S worked as an office help for a construction company owned by Mr. P, which operated out of his home. Ms. S was working alone in the home office, when an armed, masked intruder entered the office, tied her hands, gagged and blindfolded her and, pointing a gun to her head, threatened to kill her family if she did not give him the combination to a safe in the home. As this was happening, Mr. P entered the office, unmasked the intruder, and discovered it was his lifelong friend. After Ms. S was untied, she asked to leave, but Mr. P told her to stay. She was not allowed to leave for several hours as Mr. P made her accompany him to an errand. Ms. S sued Mr. P for false imprisonment, among other things. The trial court awarded her compensatory and punitive damages. Insurance coverage for the underlying judgment is at the heart of the Pasiak case.

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    Reprinted courtesy of Stella Szantova Giordano, Saxe Doernberger & Vita, P.C.
    Ms. Szantova Giordano may be contacted at ssg@sdvlaw.com

    ASCE Statement on House Passage of the Water Resources Development Act of 2024

    August 05, 2024 —
    WASHINGTON — The American Society of Civil Engineers (ASCE) commends the House of Representatives for passing H.R. 8812, the bipartisan Water Resources Development Act (WRDA) for 2024. The House WRDA 2024 bill will help improve America's ports and inland waterways, enhance flood risk management and storm risk reduction programs, and prioritize ecosystem restoration. While we urge the Senate to swiftly vote on its version of WRDA, we are encouraged that our nation's critical water resources infrastructure remains a congressional priority. The House version of WRDA includes several key provisions to enhance the safety of America's dams and levees, which each received a 'D' on the 2021 Report Card for America's Infrastructure, as well as provisions to modernize the nation's inland waterways system, which received a 'D+' in the 2021 Report Card. This includes one of ASCE's top legislative priorities for this year, the reauthorization of the National Dam Safety Program through 2028. But beyond the reauthorization, this bill reduces restrictions on the amount of funds states can receive in National Dam Safety Program State Assistance Grants; improves access to the High Hazard Potential Dam Rehabilitation Grant Program; and requires the incorporation of low-head dams into the National Inventory of Dams. Each of these provisions are critical to ensuring the long-term safety of our nation's dams and ASCE applauds the House for their inclusion. Furthermore, ASCE was pleased to see that the House legislation extends the National Levee Safety Program through 2033, which will help support the establishment of state levee safety programs, develop and publish national guidelines for levee safety, and enhance flood protection nationwide. While these measures are not included in the Senate version of WRDA, we encourage lawmakers to ensure they are included in a final conference version of the bill. We thank the House of Representatives for moving forward WRDA 2024 and strongly encourage the Senate to pass its version so that Congress can keep this vital water resources legislation on a biennial schedule and ensure our nation's dams, levees, ports, and inland waterways can support the American economy and protect public safety. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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    Reprinted courtesy of

    Texas “your work” exclusion

    January 06, 2012 —

    In American Home Assurance Co. v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011), claimant Ergon hired insured Cat Tech to perform service on a reactor at Ergon’s refinery. During a start-up of the reactor after Cat Tech had completed its work, the reactor suffered damage. Cat Tech performed additional service and repairs. However, again upon start-up of the reactor, it suffered additional damage. Ergon hired another contractor to repair the reactor. Ergon initiated arbitration proceedings against Cat Tech. Cat Tech’s CGL insurer American Home defended Cat Tech against the Ergon arbitration under a reservation of rights.

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    Reprinted courtesy of CDCoverage.com

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    Construction Termination Part 2: How to Handle Construction Administration When the Contractor Is Getting Fired

    August 01, 2023 —
    If you’ve been working as a design professional for any length of time, you know that you must be a chameleon on the construction project. You need to “step into the skin” of both the Owner and the Contractor to determine who is at fault, and who should pay. You are usually the Initial Decision Maker (IDM), and so you have a duty under the AIA documents to act fairly and impartially in making those decisions. See AIA B101§3.6.2.4. Even if you are not under an AIA contract, you still have that duty if you are the IDM or handling construction administration for the project. More often than not, however, it will be the owner asking you to support its termination of the contractor “for cause.” Should you do so? Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at mbrumback@rl-law.com