Cambridge Massachusetts Building Expert Directory

Suing the Lowest Bidder on Public Construction Projects

September 17, 2015 — Craig Martin – Construction Contractor Advisor
The California Court of Appeals has allowed the second lowest bidders on public construction projects to sue the lowest bidder where it appears that the lowest bidder was only the lowest because it paid its employees less than the established prevailing wage. This is a novel theory for recovery, but may provide for an opportunity to challenge improperly low bids. Background Between 2009 and 2012, American Asphalt outbid two asphalt companies on 23 public works projects, totaling nearly $15 million. The two asphalt companies sued American Asphalt alleging that they were the second lowest bidder all 23 construction projects and they would have been the lowest had American Asphalt paid its employees the required prevailing wage. Importantly, the municipality awarding the contracts was not sued by the second lowest bidders. Instead, the second lowest bidders alleged that American Asphalt intentionally interfered with a business expectancy and sought damages from American Asphalt, specifically the profit that they lost by not performing these contracts. 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

Developer Sues TVA After It Halts Nuke Site Sale

December 19, 2018 — Mary B. Powers - Engineering News-Record
The multibillion-dollar completion of a nuclear unit at the Tennessee Valley Authority’s unfinished 1,260-MW Bellefonte plant in Alabama is in limbo after the federal power producer refused to complete its sale to Nuclear Development LLC, which has since filed a breach of contract complaint in federal district court. Read the court decision
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Reprinted courtesy of Mary B. Powers, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Construction Defect Fund Approved for Bankrupt Las Vegas Builder

February 11, 2013 — CDJ STAFF
A federal bankruptcy judge has given his approval to a fund set up to settle potential construction defect claims as a Las Vegas home builder, America West Development, works its way out of bankruptcy. The U.S. Trustee had objected to the trust fund's structure, and claimed that it was insufficiently independent from America West. Judge Mike Nakagawa found no legal objections to the trust. The trust will be initially funded from $1.5 million of the $10 million that Lawrence Canarelli will be paying to buy back the company he founded. Construction defect claims against the company could possibly reach $20.9 million. The Las Vegas Review-Journal reports that the fund "could pick up funding from certain legal claims and insurance. Read the court decision
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English High Court Finds That Business-Interruption Insurance Can Cover COVID-19 Losses

November 02, 2020 — Lorelie S. Masters, Scott P. DeVries, Patrick M. McDermott & Jorge R. Aviles - Hunton Insurance Recovery Blog
In a decision that will influence how policyholders and insurers around the world address business-interruption coverage for COVID-19 losses, the English High Court recently handed down its much-anticipated judgment in the “Test Case,” The Financial Conduct Authority (FCA) v. Arch et al. The High Court’s comprehensive analysis will likely serve as an additional tool in policyholders’ arsenal in the ongoing battles over COVID-19 coverage. The Panel, composed of two well-respected judges, one from the High Court (the UK’s trial court) and the other from the English Court of Appeal, analyzed 21 sample policy wordings in coverage extensions for business-interruption losses due to disease or the issuance of public authority orders. (Many of these wordings are also found in policies sold to US policyholders.) The High Court found that the COVID-19 pandemic and ensuing government actions fell within the coverage provided by the sample policy wordings. Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth, Scott P. DeVries, Hunton Andrews Kurth, Patrick M. McDermott, Hunton Andrews Kurth and Jorge R. Aviles, Hunton Andrews Kurth Ms. Masters may be contacted at lmasters@HuntonAK.com Mr. DeVries may be contacted at sdevries@HuntonAK.com Mr. McDermott may be contacted at pmcdermott@HuntonAK.com Mr. Aviles may be contacted at javiles@HuntonAK.com Read the court decision
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No Occurrence Found for Damage to Home Caused by Settling

October 22, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Nebraska Supreme Court found the insurer properly denied coverage to the general contractor for damage to a home caused by settlement. Cizek Homes, Inc. v. Columbia Nat. Ins. Co., 2014 Neb. LEXIS 152 (Neb. Sept. 9, 2014). The general contractor built and then sold the residence. Subsequently, the homeowners complained that the soil beneath their residence was settling and causing damage to their home. The homeowners presented a draft complaint to the general contractor, alleging that negligence and faulty workmanship had caused damage to the home. The general contractor notified its carrier, Columbia. Coverage was denied. 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

Victoria Kajo Named One of KNOW Women's 100 Women to KNOW in America for 2024

May 13, 2024 — Lewis Brisbois Newsroom
Los Angeles, Calif. (April 30, 2024) – Los Angeles Partner Victoria Kajo has been named to global media company KNOW Women's 2024 100 Women to KNOW in America list, which honors the top 100 female leaders across North America. The honorees were recognized at the annual KNOW Women Summit, held from April 21-23 at The Palomar Hotel in Phoenix, Arizona. The annual 100 Women to KNOW in America award, presented by JPMorgan Chase, recognizes women entrepreneurs, executives, creatives, and philanthropists who "exemplify what it means to be high achieving and ambitious on the next level and who continue to pour into their communities as they do so," according to KNOW Women. Ms. Kajo was selected as one of this year's honorees following a nomination and interview process. Ms. Kajo is a member of Lewis Brisbois' Professional Liability Practice. She has extensive experience with professional liability litigation, having defended lawyers, design professionals and real estate professionals against claims of alleged negligent acts and omissions in the performance of their professional services. Ms. Kajo also has broad experience in general civil litigation matters involving errors and omissions, real estate, wrongful foreclosures, labor and employment law, civil rights, fraud, personal injury, breach of contract and unlawful detainer matters, amongst others. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Colorado Legislature Considering Making it Easier to Prevail on CCPA Claims

April 03, 2023 — Rachael Bandeira - Colorado Construction Litigation Blog
House Bill 23-1192 (“HB 23-1192”) is one of the proposed bills making its way through the Colorado legislative session this year. It purports to create additional protections in the Colorado Consumer Protection Act (“CCPA”), but instead threatens to put construction professionals at an increased risk during litigation. Under the scope of the proposed bill, many construction contracts, as drafted, could automatically add up to $250,000 to any claim by lowering the standard for what constitutes an “unfair or deceptive trade practice.” Further, it would remove elements of a CCPA claim currently required by law to prove that an unfair or deceptive trade practice “constitutes a significant impact to the public.” This bill still has a way to go before becoming law, but given its progress thus far, we believe it is highly probable that it will be enacted unless there is substantial pushback. For the reasons discussed below, we urge all construction professionals to take necessary action to obstruct this bill, and particularly Section 1 of the bill, from becoming enacted. The most concerning proposed amendments to the CCPA, through Section 1 of the bill, do the following:

Remove the knowingly or recklessly mental state from the general unfair or deceptive trade practice provision concerning an unfair, unconscionable, deceptive, knowingly false, or fraudulent act or practice;

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Reprinted courtesy of Rachael Bandeira, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Bandeira may be contacted at bandeira@hhmrlaw.com

Colorado Springs may be Next Colorado City to Add Construction Defects Ordinance

October 28, 2015 — Beverley BevenFlorez-CDJ STAFF
The Gazette reported that Colorado Springs city councilwoman Jill Gaebler stated that “she would bring a proposal to the council next month that would address the construction defects issue.” Gaebler told The Gazette: “We have gone back and forth with how best to address this issue. It is a statewide concern, so how do we bring forward something that is meaningful to our community without stepping on the toes of our legislators?” The state of Colorado has tried and failed to pass construction defects legislation three years in a row, according to The Gazette. If Colorado Springs adopts an ordinance, it will become the ninth city to pass construction defects laws. Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES