Cambridge Massachusetts Building Expert Directory

Connecting Construction Project Information: Open Technology Databases Improve Project Communication, Collaboration and Visibility

March 14, 2018 — Andy Kayhanfar - InEight
The construction industry has been plagued for decades with projects coming in over budget and behind schedule. There are many reasons this happens, but it ultimately comes down to just one thing – a lack of connected information. Today, gigabytes and even terabytes of data are generated on a project and housed in different systems that do not talk or share information, which creates a closed approach and inhibits collaboration. Data is siloed and only accessible to certain companies, departments or disciplines, which gives each project stakeholder a very limited view into the status of the project as they are making decisions. To be successful, the construction industry needs to free project data from closed systems. There must be a way to give all project stakeholders access to accurate information within the context of how it applies to the overall project that will empower everyone from owners to engineers to contractors to make timely, fully informed decisions that bring projects in on time and within budget. INTRODUCING THE OPEN TECHNOLOGY DATABASE The need for deep visibility into project information across systems and stakeholders has given rise in the construction industry to the open technology database. This approach enables project stakeholders to link the data in their existing software systems and connect that information into one centralized location. Project stakeholders can continue to use and maintain the data in their own systems while still feeding the information to the shared environment, which brings together critical project details, provides context for decisions and makes it easier for all parties to collaborate. Project stakeholders are now able to connect business data related to estimating, cost control, scheduling, contracts, purchasing, accounting and more. This creates a common data set across the project that can be quickly accessed and can easily be put in the hands of project decision makers. Innovative companies are taking this connectivity to a new level. They see the potential to use 3D models beyond simply the design aspects of a project and bring them into the activities of construction. Innovators are taking all the project information available in the shared environment and connecting it to the 3D model to create a comprehensive view of the project. Read the court decision
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Reprinted courtesy of Andy Kayhanfar, Construction Executive, a Publication of Associated Builders and Contractors. All Rights Reserved

Contractor Disputes Report Amid Amazon Warehouse Collapse Lawsuit

May 02, 2022 — James Leggate - Engineering News-Record
A contractor facing a lawsuit related to the December partial collapse of an Amazon.com Inc. warehouse that was hit by a tornado is pushing back on claims in a fire marshal’s report that highlighted possible “significant structural issues” with the building. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Georgia Supreme Court Says Construction Defects Can Be an “Occurrence”

July 31, 2013 — CDJ STAFF
The Georgia Supreme Court has ruled in an insurance coverage case, concluding that under a commercial general liability policy, defective construction can count as an occurrence. William Wildman and Kent Collier discuss the case in a Legal Alert published by their firm, Sutherland Asbill & Brennan LLP. The court decisions came about after the U.S. Court of Appeals certified the question to the Georgia Supreme Court. Wildman and Collier note that the Georgia Supreme Court “after analyzing recent Georgia decisions regarding CGL insurance and construction defects, as well as noting cases from other jurisdictions, held that ‘an “occurrence” as the term is used in a standard CGL policy, does not require damage to the property or work of someone other than the insured.” The court also “held that an ‘occurrence’ must arise from liability for a causeof action that is consistent with the concept that the ‘occurrence’ is ‘accidental.’” However, they note that the court also concluded that “certain ‘business risk’ coverage exclusions common in many standard CGL policies may apply to exclude coverage for defective construction even though such defective construction constitutes an ‘occurrence.’” Read the court decision
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Law Firm Fails to Survive Insurer's and Agent's Motions to Dismiss

May 08, 2023 — Tred R. Eyerly - Insurance Law Hawaii
Interpreting New Jersey law, the federal district court dismissed without prejudice the law firm's complaint against its insurer and agent. Law Office of Drew J. Bauman v. Hanover Ins. Co., 2023 U.S. Dist. LEXIS 31844 (D. N. J. Feb. 27, 2023). The law firm had a professional liability policy issued by Hanover. The law firm was sued in the underlying case involving a real estate transaction. The law firm tendered the defense and indemnity of the underlying complaint, but coverage was denied. The law firm sued, contending Hanover breached the policy by refusing to abide by its obligations under the policy. In the alternative, the law firm alleged that its agent, USI Insurance Services, LLC, was liable if the policy did not require Hanover to defend and indemnify in the underlying case. It was further alleged that USI was responsible for procuring coverage for the law firm and knew of its insurance needs. USI was negligent in securing a policy with inadequate coverage. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Arbitration—No Opportunity for Appeal

October 22, 2014 — Craig Martin – Construction Contractor Advisor
Last week I presented to the Great Plains Chapter of the American Society of Professional Estimators on arbitration and litigation. Some of the questions related to the difficulty of appealing an arbitrator’s decision. A Florida appellate court recently confirmed this difficulty. In Village at Dolphin Commerce Center, LLC v. Construction Service Solutions, LLC, a contractor filed an arbitration claim against the owner to get paid for its work. The owner claimed that the contractor could not maintain the claim to get paid because the contractor was not licensed. Apparently, there is a law in Florida that a contractor unlicensed at the time of the contract cannot maintain an action in Florida for unpaid work. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Another Setback for the New Staten Island Courthouse

January 13, 2014 — Melissa Zaya-CDJ STAFF
The new Staten Island Courthouse received another setback when James McDonough filed suit stating unsafe work conditions, according to Frank Donnelly writing for Silive. The completion date for the new multistory, $230 million complex has been rescheduled four times so far. Fifty-eight year old James McDonough, resident of Ridgewood Queens, became injured after a fall down a shaft, and he subsequently “sued the city, state Dormitory Authority, the state Office of Court Administration and various contractors,” Donnelly reported. A total of ten defendants have been named in the suit. According to Silive, the Office of Court Administration, Dormitory Authority and the Law Department would not comment on the pending litigation further except to say that papers have been filed and the case is under review. Read the court decision
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Additional Insured Not Entitled to Coverage for Named Insured's Defective Work

September 02, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The Court of Appeals for the Seventh Circuit determined there was no duty to defend or to indemnify the additional insured for the named insured's defective work. St. Paul Guardian Ins. Co., et al. v. Walsh Construction Co., 99 F. 4th 1035 (7th Cir. 2024). The City of Chicago contracted with Walsh Construction Company to manage the construction of a canopy and curtain wall system at O'Hare International Airport. Walsh entered into a contract with Carlo Steel Corporation, which in turn subcontracted with LB Steel, LLC to fabricate and install steel columns to support the wall and canopy. LB Steel listed Walsh as an additional insured in its commercial general liability policies. LB Steel's insurers were St. Paul, Travelers, and Charter Oak Fire Insurance Company. Several years into the project, the City discovered cracks in the welds of the steel columns and sued Walsh. Walsh, in turn, sued LB Steel under its subcontract. Walsh also asked LB Steel's insurers to defend it in the City's lawsuit, but they refused to do so. Walsh eventually secured a judgment against LB Steel, but LB Steel declared bankruptcy. Walsh then sued LB Steel's insurers to recover the costs of defending against the City's lawsuit and indemnification for any resulting losses. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Not So Universal Design Fails (guest post)

April 28, 2016 — Melissa Dewey Brumback – Construction Law in North Carolina
Today we have a guest post from Carla Williams, who works in customer service for the Williams Brothers Corporation of America. Carla humorously brings light to a serious problem– the intent behind ADA and Universal Design is very often not met with poorly-thought out applications in the real world. Enjoy, and feel free to leave a comment for Carla below. Universal design is the idea that architecture should be inherently accessible to everyone. The growing number of architects adopting universal design is great news for people with accessibility needs. Instead of having separate entrances and walkways to make a building accessible, universal design allows people of all abilities to move together. Unfortunately, many buildings are stuck back in 1990 right after the Americans with Disabilities Act was made law. These buildings may be technically “accessible,” but they aren’t spaces people with accessibility needs can maneuver very easily. Until all building designers come to understand and implement the beauty and functionality of universal design, the world is left with less than ideal accessibility. “Less than ideal” is a bit of an understatement. Many times full-on “accessibility fails” take place. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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