Cambridge Massachusetts Building Expert Directory

Do You Have A Florida’s Deceptive And Unfair Trade Practices Act Claim

April 27, 2020 — David Adelstein - Florida Construction Legal Updates
In previous articles, I discussed Florida’s Deceptive and Unfair Trade Practices Act referred to as “FDUTPA”…but, it has been awhile. (For more information on FDUTPA, check here and here.) Now is as good of a time as any to discuss it again because FDUTPA provides a private cause of action and, perhaps, there may be a consideration as to whether such claim can be (or is) properly asserted in the context of your circumstances. FDUTPA is a statutory scheme designed, “To protect the consuming public and legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive or unfair acts or practices in the conduct of any trade or commerce.” Fla. Stat. s. 501.201(2). In doing so, FDUTPA authorizes three avenues of legal recourse against an offending party: “(1) declaratory relief; (2) injunctive relief; and (3) [monetary] damages.” Webber v. Bactes Imaging Solutions, Inc., 45 Fla. L. Weekly D125a (Fla. 2d DCA 2020);Fla. Stat. s. 501.211. “An unfair practice is ‘one that “offends established public policy” and one that is ‘immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.’” Webber, supra, (citation omitted). Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

US Civil Rights Tools Are Failing the Most Polluted Black Communities

February 05, 2024 — Manann Donoghoe & Andre Perry - Bloomberg
In 2022, the United Nations declared that access to a safe and healthy environment, free of pollutants and toxic waste, is a universal human right. The resolution provides a legal foundation for international challenges to environmental injustice; it should also provide an impetus for nations like the US to enforce their own environmental protections. Without more clearly defined rights, some of the greatest environmental injustices may continue to be mired in politics. Take the case of “Cancer Alley,” an 85-mile stretch along the Mississippi River in Louisiana where Black residents have long faced higher rates of death and morbidity due to polluted and toxic environments. For people of color living in the region, fresh air is certainly not a right; it is a privilege for others to experience. Reprinted courtesy of Manann Donoghoe, Bloomberg and Andre Perry, Bloomberg Read the court decision
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Airbnb Declares End to Party!

January 27, 2020 — Patrick J. Paul - Snell & Wilmer Real Estate Litigation Blog
As municipalities around the country evaluate changes to their respective codes in an effort to exert greater control over bad actors in the vacation rental market, Airbnb announced on November 2nd that it is banning party houses. The move comes in response to the shooting deaths of five people at a Halloween party hosted at an Airbnb rental house in Orinda, CA. CEO Brian Chesky announced on Twitter that starting November 2, Airbnb would ban “party houses” and redouble the company’s efforts to “combat unauthorized parties and get rid of abusive host and guest conduct.” twitter.com/bchesky The four-bedroom rental reportedly had been rented on Airbnb by a woman who advised the owner her family members had asthma and needed to escape smoke from a wildfire burning in Sonoma County about 60 miles north of Orinda earlier in the week. Nevertheless, the homeowner was suspicious of a one-night rental on Halloween and reminded the renter that no parties were allowed. Having received complaints from neighbors and witnessing some party activity via his camera doorbell, the homeowner called police who were en route to the home, but arrived after the shooting. The Halloween party apparently was advertised on social media as an “Airbnb Mansion Party,” with an admission fee of $10 per person. Independently owned vacation rentals are currently growing at a faster rate than hotels or motels, and in some instances are owned by out-of-state investors seeking not only a real estate return on investment, but also a return on investment associated with revenue streams generated by “pay to play” parties promoted on social media. Read the court decision
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Reprinted courtesy of Patrick J. Paul, Snell & Wilmer
Mr. Paul may be contacted at ppaul@swlaw.com

Earthquake Hits Mid-Atlantic Region; No Immediate Damage Reports

November 30, 2017 — The Associated Press (Randall Chase) - Bloomberg
Dover, Del. (AP) -- An earthquake has jolted the Mid-Atlantic region of the East Coast, but there are no immediate reports of damage or injuries. The U.S. Geological Survey says the 4.1 magnitude quake struck just after 4:45 p.m. Thursday, and was centered about 6 miles (10 kilometers) east-northeast of Dover, Delaware. It was felt as far away as Baltimore. Read the court decision
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Reprinted courtesy of The Associated Press (Randall Chase), Bloomberg

Rise in Single-Family Construction Anticipated in Michigan

December 04, 2013 — CDJ STAFF
Things are looking up for Michigan home builders. Rovert Filka, the chief executive officer of the Home Builders Association of Michigan said that “home values are starting to rise as a result of so little production over the last five years.” The group anticipates that about 14,000 new homes will be built in Michigan over the next year. Jason Burton, owner of Price Right Builders, noted that the increase in building has been slow. “Locally we are seeing the climb, but it’s a slow climb,” he said. “We’ve got a long way to go to get back to where we were.” Read the court decision
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Time To “Construct” New Social Media Policies

March 28, 2022 — Aaron C. Schlesinger, Lauren Rayner Davis & Jennifer Harris - ConsensusDocs
1. The Social Media Dilemma Social media has significantly impacted all facets of society, especially the way people communicate. Its impact and application to the construction industry is no different. TikTok, the video-sharing platform, is one of the world’s most popular platforms today, with over one billion active users monthly. From just one video, users can gain thousands—if not millions—of followers overnight. Social media has been used to present a narrative that the workplace can be fun, or that employees are enjoying working together. Social media can also, however, serve as a tool to document a perfect storm of events, such as a building collapse or crane malfunction, which can then be misconstrued and smeared throughout the internet, all with your company’s logo in the background. So, what happens when an incident on your jobsite is branded across social media as a #constructionfail, and the project owner ultimately initiates legal action? Can this video be used against your company? Can employers limit or otherwise restrict employees’ social media activity to avoid potential liability? How does the existence of social media posts affect dispute resolution procedures? Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C. (ConsensusDocs), Lauren Rayner Davis, Peckar & Abramson, P.C. (ConsensusDocs) and Jennifer Harris, Peckar & Abramson, P.C. (ConsensusDocs) Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Ms. Davis may be contacted at ldavis@pecklaw.com Ms. Harris may be contacted at jharris@pecklaw.com Read the court decision
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Courthouse Reporter Series: The Travails of Statutory Construction...Defining “Labor” under the Miller Act

August 01, 2023 — Brendan J. Witry - The Dispute Resolver
In a recent case—United States ex rel. Dickson v. Fidelity & Deposit Co. of Maryland (“Dickson”)—the U.S. Court of Appeals for the Fourth Circuit recently re-examined and defined what work qualifies as “labor” under the Miller Act. United States ex rel. Dickson v. Fidelity & Deposit Co. of Maryland, No. 21-160, 67 F.4th 182 (4th Cir. April 26, 2023) (slip op.). Unlike private projects, unpaid subcontractors cannot encumber the federal government’s property with mechanics liens. Instead, the Miller Act provides a remedy for subcontractors in the form of a payment bond on all federal public works contracts exceeding $100,000. 40 U.S.C. § 3131(b). In the Dickson case, Claimant Elliot Dickson served as a subcontractor to Forney Enterprises (“Forney”), with whom the Department of Defense (the “DOD”) contracted to renovate several staircases and the fire suppression systems at the Pentagon. Read the court decision
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Reprinted courtesy of Brendan J. Witry, Conway & Mrowiec Attorneys LLLP
Mr. Witry may be contacted at bjw@cmcontractors.com

SFAA Commends U.S. House for Passage of Historic Bipartisan Infrastructure Bill

November 15, 2021 — The Surety & Fidelity Association of America
November 8, 2021 (WASHINGTON, DC) – The Surety & Fidelity Association of America (SFAA), a nonprofit, nonpartisan trade association representing all segments of the surety and fidelity industry, commends the U.S. House for passing the historic, bipartisan Infrastructure Investment and Jobs Act (IIJA). The $1.2 trillion deal will lay the foundation for extensive improvements in the nation’s roadways, bridges, railways, waterways and broadband. “Both sides of the aisle understand the importance of investing in our country’s aging infrastructure. The passage of this historic bill provides the most significant resources in more than 50 years to address the current and future needs of our country’s infrastructure, while creating millions of jobs and growing our national and local economies,” said SFAA president and CEO, Lee Covington. SFAA also commends President Joe Biden, House Speaker Nancy Pelosi (D-Calif.), House Majority Leader Steny Hoyer (D-Md.), Senate Majority Leader Chuck Schumer (D-N.Y.), Senate Minority Leader Mitch McConnell (R-Ky.), Sen. Tom Carper (D-Del.), Sen. Shelley Moore Capito (R-W.Va.), Sen. Kyrsten Sinema (D-Ariz.), Sen. Rob Portman (R-Ohio), and Rep. Peter DeFazio (D-Ore.) for their leadership on this bill, and members of the House who voted in favor. The Surety & Fidelity Association of America (SFAA) is a nonprofit, nonpartisan trade association representing all segments of the surety and fidelity industry. Based in Washington, D.C., SFAA works to promote the value of surety and fidelity bonding by proactively advocating on behalf of its members and stakeholders. The association’s more than 450 member companies write 98 percent of surety and fidelity bonds in the U.S. For more information visit www.surety.org. Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES