Cambridge Massachusetts Building Expert Directory

Macron Visits Notre Dame 2 Years After Devastating Fire

April 26, 2021 — The Associated Press (Thomas Adamson & Jeffrey Schaeffer) - Bloomberg
Paris (AP) -- Two years after a fire tore through Paris’ most famous cathedral and shocked the world, French President Emmanuel Macron on Thursday visited the building site that Notre Dame has become to show that French heritage has not been forgotten despite the pandemic. Flanked by ministers, architects and the retired French army general who is overseeing the restoration of the 12th-century monument, Macron viewed the progress of the ambitious rebuilding project. He offered the pandemic-weary French public hope that a completion date will arrive one day, if not in the near future. “We're seeing here how, in two years, a huge job has been accomplished,” Macron said, recalling the “emotion” throughout France at the images of flames devouring Notre Dame on April 15, 2019. “We also see what remains to be done.” Read the court decision
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Reprinted courtesy of Bloomberg

Court Narrowly Interprets “Faulty Workmanship” Provision

March 28, 2018 — Jeffrey J. Vita and Thersa A. Guertin – SDV Blog
In a recent victory in their home state of Connecticut, Saxe Doernberger & Vita partners, Jeffrey Vita and Theresa Guertin, representing owner-developer 777 Main Street, LLC, overcame a summary judgment motion filed by Liberty Mutual Fire Insurance Company. The Connecticut Superior court refused to adopt the insurer’s broad interpretation of the “faulty workmanship” exclusion in an all-risk builders’ risk insurance policy. In 2014, 777 Main Street, LLC began renovations on the 27-story former Hartford National Bank building in downtown Hartford, converting the property from an office building to a mixed residential and commercial space. During the renovation, a subcontractor hired to perform the cleaning the concrete façade of the building accidentally over-sprayed the cleaning material onto the property’s windows. The subcontractor’s attempts to clean the overspray further damaged the structural integrity and cosmetic look of the windows. As a result, the owner was forced to replace over 1,800 windows, costing millions. Mr. Vita may be contacted at jjv@sdvlaw.com Ms. Guertin may be contacted at tag@sdvlaw.com Read the court decision
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Drafting a Contractual Arbitration Provision

February 11, 2019 — David Adelstein - Florida Construction Legal Updates
A recent Florida case discussing a contractual arbitration provision in a homebuilder’s contract discussed the difference between a narrow arbitration provision and a broad arbitration provision. See Vancore Construction, Inc. v. Osborn, 43 Fla.L.Weekly D2769b (Fla. 5th DCA 2018). Understanding the distinction between the two types of arbitration provisions is important, particularly if you are drafting and/or negotiating a contractual arbitration provision. A narrow contractual arbitration provision includes the verbiage “arises out of” the contract such that disputes arising out of the contract are subject to arbitration. Arbitration is required for those claims the have a direct relationship with the contract. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Surety Bond Producers Keep Eye Out For Illegal Waivers

July 01, 2019 — Richard Korman - Engineering News-Record
The surety bond industry regularly reminds state and local governments, politely, that public works in all states must involve surety bonds. That’s the law. And the National Association of Surety Bond Producers, the bond brokers and agents trade group, has been letting state and local officials know, in writing. Read the court decision
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Reprinted courtesy of Richard Korman, ENR
Mr. Korman may be contacted at kormanr@enr.com

Will Colorado Pass a Construction Defect Reform Bill in 2016?

December 17, 2015 — Beverley BevenFlorez-CDJ STAFF
According to blogger Jill Jamieson-Nichols of the Colorado Real Estate Journal, another construction defects bill may be debated in Colorado next year. Representative Dan Pabon told Jamieson-Nichols that “the answer lies in ‘thinking about the insurance piece’ so condominium developers can afford insurance against litigation that might arise.” She also stated that the city of Denver is considering ways to increase funding to increase affordable housing in the area. Read the court decision
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Beyond the Disneyland Resort: Dining

May 03, 2018 — Beverley BevenFlorez-CDJ STAFF
For fine dining experiences outside of the Disneyland Resort, try Summit House Restaurant or the Anaheim White House Italian Steak House . A more unusual and upscale restaurant, try The Hobbit in nearby Orange, California. They offer a seven-course, prix-fixe menu by reservation only. It’s a four-hour dining experience that begins in their Wine Cellar, then guests are taken to their tables in the dining room. Next, is an intermission where guests are encouraged to relax on the patios or visit the kitchen to chat with the chef. Guests then return to their table to finish their entrees and dessert. If you’d rather spend your time in a unique lounge or bar, try the Blind Rabbit, which calls itself Orange County’s speak easy. Located in the Anaheim Packing District, the Blind Rabbit’s tables are all reserved after 5pm, and you might want to brush up on their list of rules prior to visiting. For something casual, try Hollinghead’s Delicatessen in Orange, where you can purchase hand crafted sandwiches and beers. Read the court decision
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Insured Fails to Provide Adequate Proof of Water Damage Through Roof

December 10, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer's motion for summary judgment due on the insured's claims for water damage to a church. Unity Church of God in Christ of York v. Church Mutual Ins. Co., 2024 U.S. Dist. LEXIS 163204 (M.D. Pa. Sept. 11, 2024). Unity Church alleged that it suffered a sudden and accidental direct physical loss to its church. Wind damage to the roof of the church allowed rainwater to leak into the sanctuary of the church. Notice was given to Church Mutual Insurance Company, but coverage was denied. Unity Church filed suit alleging breach of contract. Church Mutual answered and asserted a counterclaim for a declaratory judgment that the water damage to the church was outside the policy's coverage because the damage was caused by rain. Church Mutual filed for summary judgment. 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

Arctic Fires Are Melting Permafrost That Keeps Carbon Underground

December 27, 2021 — Eric Roston - Bloomberg
Few things signal something's gone haywire on the planet quite like frozen land on fire. Now scientists have determined that Arctic fires, even milder ones, can reshape a landscape for decades, in ways that may make it even harder to keep global heating from eclipsing international goals. It's mostly rising temperatures that are thawing out frozen Arctic ground but northern blazes — already increasing — are now understood to play a disproportionate role, according to a study published last week in the journal One Earth. Previous research has shown that higher temperatures, drier soil and more lightning storms will lead to more fires. That work, with the new paper, mean that “in the future we might expect to see an outsized influence on thaw from the fires that will likely increase," said Róisín Commane, a Columbia University assistant professor who studies atmospheric composition and wasn’t involved in the new study. Read the court decision
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Reprinted courtesy of Eric Roston, Bloomberg

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