Cambridge Massachusetts Building Expert Directory

White and Williams Elects Four Lawyers to Partnership, Promotes Six Associates to Counsel

January 13, 2017 — White and Williams LLP
White and Williams is pleased to announce the election of Edward Beitz, Justin Fortescue, Jennifer Santangelo and Amy Vulpio to the partnership and the promotion of Paul Briganti, Joshua Galante, Dana Spring Monzo, George Morrison, Craig O’Neill and Steven Urgo from associate to counsel. The newly elected partners and promoted counsel represent the wide array of practices that White and Williams offers its clients, including bankruptcy, corporate, finance, healthcare, insurance coverage, labor and employment, real estate and reinsurance. These lawyers have earned their elevations based on their contributions to the firm and their practices. “We are thrilled to elect these four lawyers to the partnership and promote six associates to counsel. These promotions are representative of the breadth of services and deep bench that we have to offer at White and Williams,” said Patti Santelle, Managing Partner. “The election of our new partners and promotion of our counsel is a reflection of their success and dedication as well as the continued health of the firm.” Read the court decision
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Reprinted courtesy of White and Williams LLP

Iowa Court Holds Defective Work Performed by Insured's Subcontractor Constitutes an "Occurrence"

July 28, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The Iowa Supreme Court held that property damage caused by a subcontractor's defective work was an "occurrence." Nat'l Sur. Corp. v. Westlake Invs., LLC, 2016 Iowa LEXIS 71 (Iowa June 10, 2016). In 2002, the insureds, the developers and general contractor, began construction on an apartment complex. While the complex was still under construction, it was purchased by Westlake Investments, LLC. During construction, numerous problems surfaced, including visible water penetration issues in several buildings. In February 2008, Westlake sued the insureds, seeking to recover lost profits, repair costs, and other damages under tort and contract theories. Arch Insurance Group defended under the primary policy. A settlement was eventually reached whereby a consent judgment for $15,600,000 was entered against the insureds and in favor of Westlake. Arch contributed its policy limits of $1,000,000 to the settlement. Other third party defendants contributed $1,737,500, leaving $12,762,500 of the judgment unsatisfied. The insureds assigned rights under their excess policy with National Surety Corporation (NSC) to Westlake. NSC's policy was a following-form policy. 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

Employee Exclusion Bars Coverage for Wrongful Death of Subcontractor's Employee

June 11, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Fifth Circuit determined the deceased was a statutory employee of the general contractor under Florida law, thereby barring coverage for the general contractor. Stephens v. Mid-Continent Casualty Co., 2014 WL 1623737 (11th Cir. April 24, 2014). The decedent fell from a ladder while working to install a modular home. Critically injured, he died on the way to the hospital. The decedent was an employee of Team Fritz, a subcontractor hired to set the modular home on its foundation. The general contractor, Anchorage Homes LLC, had a liability policy with Mid-Continent. Damages relating to injuries to any of Anchorage's employees were excluded under the policy. Mid-Continent denied coverage contending that under Florida law, Team Fritz's employees were "statutory employees" of Anchorage. The law provided that the employees of a subcontractor were deemed to be employees of the contractor. 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

Comparative Breach of Contract – The New Benefit of the Bargain in Construction?

October 26, 2020 — Steven Hoffman - Florida Construction Law News
Ask most Florida Construction Law practitioners, and you will likely hear that liability may not be apportioned in “pure” breach of contract cases via the Comparative Fault Act, section 768.81, Florida Statutes (the “Act”). If a material breach is a “substantial factor” in causing damages, the breaching party must answer for all damages that were reasonably contemplated by the parties when they formed the contract. Claimants argue that matters of contract should be governed strictly by the agreement, and risk can be controlled by negotiated terms, including waivers and limitations. Defendants complain that construction projects are collaborative, multi-party affairs, and strict application of contract principles leads to harsh results for relatively minor comparative fault for the same or overlapping damages. The notion of apportioning purely economic loss contract damages based on comparative fault is not new. Since April 2006, Florida has been a “pure” comparative fault jurisdiction with limited exceptions. Prior to the amendment, tort liability for non-economic damages was purely comparative, but liability for economic damages was typically a combination of joint and several liability with an additional exposure based on comparative fault. Read the court decision
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Reprinted courtesy of Steven Hoffman, Cole, Scott & Kissane
Mr. Hoffman may be contacted at Steven.Hoffman@csklegal.com

ARUP, Rethinking Green Infrastructure

April 08, 2014 — Beverley BevenFlorez-CDJ STAFF
ARUP claims to have rethought green infrastructure, according to their website. Their Cities Alive project “shows how the creation of a linked ‘city ecosystem’ that encompasses parks and open spaces; urban trees, streets, squares; woodland and waterways can help create healthier, safer and more prosperous cities.” “[G]reen is the new gold,” Garrett Marai said on his California Construction Law blog post that discussed the Cities Alive project. “As well as LEED bronze, silver and platinum.” ARUP is “an independent firm of designers, planners, engineers, consultants and technical specialists.” Read the full story, ARUP Cities Alive... Read the full story, CA Construction Law Blog... Read the court decision
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Congratulations to Haight’s 2021 Super Lawyers San Diego Rising Stars

May 03, 2021 — Catherine M. Asuncion, Arezoo Jamshidi & Michael C. Parme - Haight Brown & Bonesteel LLP
Haight congratulates partners Michael Parme and Arezoo Jamshidi and associate Catherine Asuncion who were selected to the 2021 San Diego Super Lawyers Rising Stars list. Reprinted courtesy of Catherine M. Asuncion, Haight Brown & Bonesteel LLP, Arezoo Jamshidi, Haight Brown & Bonesteel LLP and Michael C. Parme, Haight Brown & Bonesteel LLP Ms. Asuncion may be contacted at casuncion@hbblaw.com Ms. Jamshidi may be contacted at ajamshidi@hbblaw.com Mr. Parme may be contacted at mparme@hbblaw.com Read the court decision
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Transition Study a Condo Board’s First Defense against Construction Defects

December 04, 2013 — CDJ STAFF
According to the advice provided by T. Allen Mott and Nicholas D. Cowie, condominium boards would be well advised to “hire an engineer or architect to perform a transition study,” since it would be preferable to repair any problems while warranties are still in effect. They also caution that the board must “determine whether the developer-created budget and reserve fund are adequate to cover the cost of maintaining the condominium’s construction over time.” They note that discovered in time, some problems are easy to fix, but left unrepaired, they can result in “extensive, hidden property damage requiring associations to borrow money and assess unit owners to cover the entire cost of repairing the developer’s construction defects and resulting property damage. The goal, as they point out, is “an amicable repair resolution.” Read the court decision
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Henderson Land to Spend $839 Million on Hong Kong Retail Complex

September 03, 2014 — Michelle Yun – Bloomberg
Henderson Land Development Co. (12), controlled by billionaire Lee Shau-kee, will spend HK$6.5 billion ($839 million) on a shopping center in a prime retail area of Hong Kong after beating 17 rivals to win a land tender. The complex in the Tsim Sha Tsui district will be completed by 2019 and will house retail, services and dining, as well as a public 345-space parking garage, spokeswoman Bonnie Ngan said yesterday, citing Vice Chairman Martin Lee. Henderson won the site for HK$4.69 billion as the highest bidder, the government said in a statement yesterday. Henderson beat other developers, including Cheung Kong Holdings Ltd. (1), Sino Land Co. (83), and Sun Hung Kai Properties Ltd., to win the site in the district host to global luxury brands and hotels such as the Peninsula. The price was more than the HK$3.4 billion median estimate of three surveyors compiled by Bloomberg News. Read the court decision
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Reprinted courtesy of Michelle Yun, Bloomberg
Ms. Yun may be contacted at myun11@bloomberg.net

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES