Cambridge Massachusetts Building Expert Directory

With Wildfires at a Peak, “Firetech” Is Joining Smart City Lineups

October 21, 2024 — James P. Bobotek - Gravel2Gavel Construction & Real Estate Law Blog
The threat of extreme wildfires has doubled in the past 20 years, with almost 20,000 fires blazing across the United States in 2024 alone. These high-intensity fires can be deadly, expensive, and create lingering health and environmental consequences. While we are used to seeing firefighters on the frontlines, researchers hope that next-generation smart technology, augmented by artificial intelligence (AI), will also play a key role in battling these conflagrations. Many municipalities, particularly those near wildfire-prone forests, are beginning to incorporate fire-focused advances (or “firetech”) into their smart city ecosystems. “Smart cities” are urban centers enhanced by utilities, emergency services, traffic signals and more that are linked through information and communications technology. Though the concept can spark cybersecurity-related concerns, many locales are gradually implementing many different kinds of smart tech. Following the 2023 wildfire that devastated Maui, for example, Hawaii installed a network of cloud-based fire and wind sensors that use AI to detect wildfires in real time. Smart tools like these can aid in predicting and discovering fires, streamlining emergency alert protocols, calculating vital analytics and improving firefighter safety. The National Fire Protection Association (NFPA) is actively studying these innovations, particularly in terms of environmental (smart buildings or robotics), operational (communications) and personnel (PPE sensors or biometrics). Below are a few of the key technologies to watch in this emerging field:

Smart Sensors. A total of 80 sensors (64 wildfire sensors and 16 wind sensors) were placed throughout Hawaii starting in March of 2024. Attached to existing utility poles, they detect heat in the air, and then engage AI and smart learning to distinguish smoke particles and gases produced by fires from those commonly found in Hawaii’s atmosphere—such as volcanic ash and ocean salt. Positioned in “strings,” the sensors “talk” to each other and send text messages to officials when they find a problem.

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Reprinted courtesy of James P. Bobotek, Pillsbury
Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com

“Unwinnable”: Newark Trial Team Obtains Unanimous “No Cause” Verdict in Challenging Matter on Behalf of NYC Mutual Housing Association

May 15, 2023 — Lewis Brisbois
Newark, N.J. (May 8, 2023) – Newark Partner Afsha Noran and New Jersey Managing Partner Colin P. Hackett recently obtained a “no cause” verdict on behalf of multi-unit apartment owners and managers, notwithstanding that the trial judge initially deemed the matter an “unwinnable case” for the defense. In this matter, Lewis Brisbois represented a large New York City mutual housing association that owned and managed a single multi-unit apartment building in Paterson, New Jersey. The plaintiffs – a mother and her two children – alleged that the housing association failed to maintain the property, which led to defective conditions and mold throughout their apartment. They further contended that the mold caused multiple pulmonary, nasal, and skin injuries. Despite the shortage of trial judges in New Jersey, this case proceeded to trial, with the plaintiffs’ significant six-figure demand in place. Over the course of the four-day trial, the plaintiffs presented five witnesses: the plaintiff mother, the plaintiff 18-year-old child, the liability expert, and two medical experts. The client chose not to retain either liability or damages experts to counter those of the plaintiffs. As such, Lewis Brisbois’ trial team was left to defend the matter with an opening statement, a cross-examination of the plaintiffs and their experts, the testimony of the client’s property manager, and a closing argument. Read the court decision
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Reprinted courtesy of Lewis Brisbois

No Coverage for Faulty Workmanship Based Upon Exclusion for Contractual Assumption of Liability

August 06, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The Supreme Court for West Virginia determined the policy's contractual assumption exclusion barred coverage for the general contractor based upon claims of faulty workmanship. J.A. St & Assocs. v. Bitco Gen. Ins. Corp., 2019 W. Va. LEXIS 205 (May 1, 2019). J.A. Street & Associates, Inc. entered a contract with the developer, Thundering Herd Development, L.L.C., to build a commercial shopping center on seventy-eight acres of land. Street agreed to oversee the site preparation for the development and the construction of many of the buildings. Thundering Herd retained an engineering firm, S&ME, Inc. to do geotechnical exploration and to provide advice regarding land preparation for the shopping center. Thundering Heard also entered an agreement with the Target Corporation to construct a store on a pad to be prepared at the shopping center. Street hired subcontractors to prepare the site by grading the land and installing fill material. A slope was constructed at the rear of the proposed Target site, but it failed, causing a landslide, damage to the pad, and damage to adjacent property owned by a third party. Thundering Heard incurred $721,875 in additional costs to repair this slope, reconstruct the Target site, and compensate the neighbor for the damage to the adjacent property. 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

A Funny Thing Happened to My Ground Lease in Bankruptcy Court

November 25, 2024 — Christopher F. Graham & Morgan A. Goldstein - White and Williams LLP
EXECUTIVE SUMMARY Ground leases are an important – if somewhat unusual – part of the real estate finance industry. Because they typically cover large expensive properties like Rockefeller Center and The Empire State Building, to name two, and last a long time (99 years and up to start) the likelihood of something unexpected or unintended happening is high. This likelihood increases dramatically if, as highlighted below, one or both of the lease parties’ files for bankruptcy. Accordingly, real estate professionals should take note and take care when entering into any transaction involving a ground lease. Reprinted courtesy of Christopher F. Graham, White and Williams LLP and Morgan A. Goldstein, White and Williams LLP Mr. Graham may be contacted at grahamc@whiteandwilliams.com Ms. Goldstein may be contacted at goldsteinm@whiteandwilliams.com Read the court decision
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OSHA Launches Program to Combat Trenching Accidents

October 16, 2018 — Tom Ichniowski – Engineering News-Record
In the wake of a recent rise in fatal trenching cave-ins, the federal Occupational Safety and Health Administration has begun a targeted education and enforcement program to try to reverse the trend. Read the court decision
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Reprinted courtesy of Tom Ichniowski, ENR
Mr. Ichniowski may be contacted at ichniowskit@enr.com

NYC Condo Skyscraper's Builder Wins a Round -- With a Catch

November 15, 2017 — Oshrat Carmiel - Bloomberg
The battle over whether an 800-foot condo tower planned for Manhattan’s East Side can be built to its full height took a step forward Wednesday -- with city officials saying both yes, and no. A years-long neighborhood lobbying effort to cap the height of new towers near the East 50s riverfront won an endorsement Wednesday from the planning commission, which agreed to rezone the area in a way that would make skyscraping condo towers impossible to build. But commissioners also voted to allow Sutton 58, the under-construction project that inspired the rezoning push, to be grandfathered in under the new law, and proceed as is. Read the court decision
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Reprinted courtesy of Oshrat Carmiel, Bloomberg

Maritime Law: An Albatross for Contractors Navigating Marine Construction

January 03, 2022 — Cindy Matherne Muller - ConsensusDocs
“Ah! Well a-day! When evil looks, Had I from old and young! Instead of the cross, the Albatross, About my neck was hung.” 1 Contractors and subcontractors performing construction over water may find themselves encountering maritime law for the first time. Like the ancient mariner’s encounter with an albatross in The Rime of the Ancient Mariner, a contractor may be able to use maritime law to safely guide it through rough seas, or, if not careful, a contractor may find itself with maritime law hung, like an albatross, around its neck. This article gives an overview of key maritime law issues to demystify this historical body of law and answers some basic questions. What is admiralty jurisdiction? The Constitution gives federal courts jurisdiction over all maritime cases. This jurisdiction gives litigants the opportunity to remove state court cases to federal court and to avoid a jury trial. The purpose of admiralty jurisdiction in federal court is to protect and ensure the uniform treatment of nationwide maritime commerce and extends to maritime contracts and accidents. Any contract which relates to the navigation, business, or commerce of the sea is a maritime contract. Even contracts with mixed obligations on land and sea can fall within admiralty jurisdiction – such as construction contracts with a waterborne component. Admiralty jurisdiction also extends to maritime accidents – those that occur on navigable waters and have a maritime nexus. Read the court decision
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Reprinted courtesy of Cindy Matherne Muller, Jones Walker LLP
Ms. Muller may be contacted at cmuller@joneswalker.com

Top Talked-About Tech at the 2023 ABC Joint Tech Summit

May 15, 2023 — Grace Arnold - Construction Executive
At the 2023 ABC Joint Tech Summit in Tysons Corner, Virginia, on April 27, there was talk, of course, of various construction technologies, including AI, VR, autonomous vehicles, impairment detection, digital twins, blockchains and Spot the Robot Dog. All this different tech, however, was discussed for the same two reasons: safety and efficiency. While some companies are just discovering the vast uses for and benefits of smart technology in construction, other companies are already well into adoption and implementation. Here is a breakdown of some of the contech showcased at the Joint Tech Summit, which was presented by four ABC chapters: Chesapeake Shores, Greater Baltimore, Metro Washington and Virginia. AUTONOMOUS MACHINES The talk of the Tech Summit was Spot the Robot Dog from Boston Dynamics. Spot can walk, run, crawl, climb stairs and tortuous terrain, right itself from a fall, return to its charging port when its battery runs low and is compatible with a variety of add-ons, like 360 cameras. Spot is controlled via tablet and can be programmed to run on its own, allowing for increased worker and jobsite safety and productivity. Reprinted courtesy of Grace Arnold, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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