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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


    The OFCCP’s November 2019 Updated Technical Assistance Guide: What Every Federal Construction Contractor Should Know

    Colorado Passes Compromise Bill on Construction Defects

    U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

    Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively

    Gain in Home Building Points to Sustained U.S. Growth

    Revamp to Nationwide Permits Impacting Oil and Gas Pipeline, Utility and Telecom Line Work

    Las Vegas Sphere Lawsuits Roll On in Nevada Courtrooms

    More on Duty to Defend a Subcontractor

    Finding Plaintiff Intentionally Spoliated Evidence, the Northern District of Indiana Imposes Sanction

    California Supreme Court Holds that Prevailing Wages are Not Required for Mobilization Work, for Now

    One Way Arbitration Provisions are Enforceable in Virginia

    Texas Court Requires Insurer to Defend GC Despite Breach of Contract Exclusion

    Design & Construction Case Expands Florida’s Slavin Doctrine

    The Colorado Construction Defect Reform Act Explained

    Waive Not, Want Not: Waivers and Releases on California Construction Projects

    Insured Fails to Provide Adequate Proof of Water Damage Through Roof

    Beyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review Program

    Washington School District Sues Construction Company Over Water Pipe Damage

    Design and Construction Defects Not a Breach of Contract

    COVID-19 Business Interruption Claims Four Years Later: What Have We Learned?

    Massachusetts Pulls Phased Trigger On Its Statute of Repose

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    $6 Million in Punitive Damages for Chinese Drywall

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    Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks to the Consumer?

    Details Matter: The Importance of Strictly Following Public Bid Statutes

    Colorado House Bill 20-1290 – Restriction on the Use of Failure to Cooperate Defense in First-Party Claims

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    Courthouse Reporter Series: Louisiana Supreme Court Holds Architect Has No Duty to Safeguard Third Parties Against Injury, Regardless of Knowledge of Dangerous Conditions on the Project

    Water Intrusion Judged Not Related to Construction

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    Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work

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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

    Ninth Circuit Affirms Duty to Defend CERCLA Section 104 (e) Letter

    October 10, 2013 —
    The Ninth Circuit held there is a duty to defend not only a PRP letter issued by the EPA, but also a section 104 (e) letter. Anderson Brothers, Inc. v. St. Paul Fire and Marine Ins. Co., 2013 U.S. App. LEXIS 18156 (9th Cir. Aug. 30, 2013). The insured received two letters from the EPA notifying it of potential liability under CERCLA for environmental contamination of the Portland Harbor Superfund Site. The first letter was received in January 2008, and stated that the EPA sought the insured's cooperation in its investigation of the release of hazardous substances at the site. The letter enclosed an extensive, 82-question "Information Request" seeking information about the insured's current and former activities at the site. The letter informed the insured that its voluntary cooperation was sought, but compliance with the Information Request was required by law and failure to respond could result in an enforcement action and civil penalties of $32,500 per day. The insured tendered the 104 (e) letter to St. Paul and requested a defense and indemnity pursuant to the CGL policy. St. Paul declined to provide a defense because the letter did not constitute a "suit," which was required by the policy to trigger the duty to defend. The second letter from the EPA, received in November 2009, was entitled "General Notice Letter for the Portland Superfund Site" and notified the insured that it was a "potentially responsible party ("PRP"). Read the court decision
    Read the full story...
    Reprinted courtesy of Tred Eyerly
    Tred Eyerly can be contacted at te@hawaiilawyer.com

    Quick Note: Subcontractor Payment Bond = Common Law Payment Bond

    February 16, 2017 —
    What is a common law payment bond? A common law payment bond is a bond not required or governed by a statute. For example, if a prime contractor provides the owner a payment bond, that bond will be a statutory payment bond. On the other hand, if a subcontractor provides the general contractor with a payment bond, that bond will be a common law payment bond. Why? Because there is not a statute that specifically governs the requirements of a subcontractor’s payment bond given to a general contractor. The subcontractor’s payment bond is aimed at protecting the general contractor (and the general contractor’s payment bond) in the event the subcontractor fails to pay its own subcontractors and suppliers. The subcontractor’s payment bond will generally identify that claimants, as defined by the bond, are those subcontractors and suppliers the subcontractor has failed to pay. This common law payment bond is not recorded in the public records so sometimes it can be challenging for a claimant (anyone unpaid working under the subcontractor that furnished the bond) to obtain a copy of the bond. With that said, an unpaid claimant should consider pursuing a copy of this bond in certain situations, particularly if it may not have preserved a claim against the general contractor’s statutory payment bond. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com

    How Many New Home Starts are from Teardowns?

    April 15, 2015 —
    In a NAHB/Wells Fargo Housing Market Index survey, builders were asked “Of the homes you started in 2014, approximately what share were on a site where a previous structure, or evidence of a previous structure, was present before you started?” According to the NAHB, the surveyors reported that “[o]n average, weighted by starts, […] just under five percent of their starts were teardowns according to the survey’s criterion.” When compared to census data, it equates to 31,800 single-family teardown starts in 2014. Read the court decision
    Read the full story...
    Reprinted courtesy of

    U.S. Homebuilder Confidence Rises Most in Almost a Year

    June 18, 2014 —
    Confidence among U.S. homebuilders rose in June by the most in almost a year, a sign the residential real estate market is stabilizing after reeling from severe winter weather earlier this year. The National Association of Home Builders/Wells Fargo sentiment gauge climbed to 49 this month from 45 in May, the biggest gain since July 2013, figures from the Washington-based group showed today. Readings greater than 50 mean more respondents report good market conditions. The median forecast in a Bloomberg survey called for 47. Current sales, the outlook for future purchases and prospective buyer traffic all improved this month, today’s figures showed, indicating mortgage rates close to historically low levels and a strengthening job market are sustaining demand. Improving sentiment comes as the world’s largest economy picks up this quarter following a contraction in the first three months of 2014. Read the court decision
    Read the full story...
    Reprinted courtesy of Shobhana Chandra – Bloomberg
    Ms. Chandra may be contacted at schandra1@bloomberg.net

    Insurance for Large Construction Equipment Such as a Crane

    July 30, 2018 —
    Many, many projects require the use of a crane. The skyline is oftentimes filled with the sight of cranes—one after the other. Most of the time, the cranes are leased from an equipment supplier. What happens if the crane (or any large, leased equipment) gets damaged? I wrote an article regarding a builder’s risk carrier NOT covering damage to a crane from a storm based on a common exclusion. Another case, Ajax Bldg. Corp. v. Hartford Fire Ins. Co., 358 F.3d 795 (11th Cir. 2004), had a similar result. In this case, a prime contractor leased a crane from an equipment supplier. The crane was used by the structural concrete subcontractor. The crane collapsed during the subcontractor’s work. The supplier sued both the contractor and subcontractor. The prime contractor was defended under a contractor’s equipment liability policy and the subcontractor was defended under a general liability policy it procured for its work on the project. Ultimately, a settlement was reached where the subcontractor’s liability insurer paid a bulk of the damage. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Georgia Supreme Court Limits Damages Under Georgia Computer Systems Protection Act

    March 01, 2017 —
    On January 27, 2017, the Supreme Court of Georgia issued a decision determining whether the Georgia Computer Systems Protection Act (“GCSPA”) provides for punitive damages. While not directly related to construction, the GCSPA can be a potential mechanism for asserting claims against former employees that use company information stored in computers. Read the court decision
    Read the full story...
    Reprinted courtesy of Chadd Reynolds, Autry, Hanrahan, Hall & Cook, LLP
    Mr. Reynolds may be contacted at reynolds@ahclaw.com

    Construction Litigation Roundup: “This Is Sufficient for Your Purposes …”

    April 08, 2024 —
    … but just barely. Federal courts are “notice” pleading courts. One source writes: “Notice pleading refers to pleading standards that merely notify the opposing party and court of the general issues in the case. In contrast to fact pleading standards, notice pleading standards do not require pleadings to include hyper-detailed facts in support of each claim.” Some state courts – including Louisiana – are fact pleading courts. Ordinarily, no one practicing in Louisiana state courts would describe the fact pleading requirements for initiating a lawsuit as mandating “hyper-detailing” of the facts, but … why risk it? In a construction mechanics lien case – the jurisprudence for which requires that courts strictly construe the related law because liens empower lien holders with rights which are “in derogation” of common property ownership rights – the defendant was successful in having the trial court dismiss a lien suit for failing to affirmatively set forth in the complaint (a “petition” in Louisiana) the date of substantial completion. The lien claimant appealed. Read the court decision
    Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    24/7 Wall Street Reported on Eight Housing Markets at All-Time Highs

    June 18, 2014 —
    24/7 Wall St., using data from RealtyTrac, “identified the county-level housing markets that have recovered the most from the housing crisis as of March of this year.” Number eight on the list was Weld County, Colorado, which had a percentage change of 11.1% and an unemployment rate of only 6.5%. Next on the list, was San Francisco County. The California county had a percentage change of 15.3% and an unemployment rate of 5.2%. Making number one on the list was Jefferson County, Kentucky, with a percentage change of 63.1% and unemployment rate of 8.1%. Read the court decision
    Read the full story...
    Reprinted courtesy of