CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
DIRECTORY AND CAPABILITIES

CGL Insurer’s Duty to Defend Insured During Pre-Suit 558 Process: Maybe?

December 20, 2017 — David Adelstein - Florida Construction Legal Updates
In earlier postings, I discussed the issue of whether Florida Statutes Chapter 558′s pre-suit construction defects process triggers a CGL insurer’s duty to defend. The issue was whether Florida’s 558 pre-suit notice of a construction defect and repair process met the definition of “suit” within a standard CGL policy. A standard CGL policy defines the term “suit” as: “Suit” means a civil proceeding in which damages because of “bodily injury,” “property damage” or “personal and advertising injury” to which this insurance applies are alleged. “Suit” includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

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Patti Santelle Honored by Rutgers School of Law with Arthur E. Armitage Sr. Distinguished Alumni Award

March 01, 2021 — Patricia Santelle - White and Williams
White and Williams is proud to announce that Patti Santelle, Chair Emeritus, will be honored by the Rutgers School of Law-Camden Alumni Association with the 2020 Arthur E. Armitage Sr. Distinguished Alumni Award. The Armitage Award was established in 1983 in memory of Armitage, who, with a group of interested citizens, founded both the South Jersey Law School in 1926 and its companion College of South Jersey in 1927. Past recipients include governors, member of Congress, state and federal judges, and industry leaders. Patti, a 1985 graduate, is a Co-Chair of the Executive Committee of the newly established Rutgers Law Alumnae Network and a Past Chancellor and long-time member of the Board of the Rutgers-Camden Law Alumni Association. While in law school, she was President of the Student Bar Association, winner of the Hunter Advanced Moot Court Competition and a member of the National Moot Court Team. In 2010, Patti received the Scarlet Oak Meritorious Service Award from Rutgers University for her contributions as an alumni leader and student mentor at the law school. For the past seven years, she served as the Managing Partner and Chair of the Executive Committee at White and Williams, the first woman in the firm’s history and in the City of Philadelphia to serve in that role in a major law firm. Read the court decision
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Reprinted courtesy of Patricia Santelle, White and Williams
Ms. Santelle may be contacted at santellep@whiteandwilliams.com

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The Importance of Retrofitting Existing Construction to Meet Sustainability Standards

December 18, 2022 — Chris Gray - Construction Executive
Just about every industry is looking for ways in which they can go “green,” with varying degrees of success. Historically, the real estate industry has underinvested in the infrastructure, even with government incentives and initiatives, buildings and construction continue to pollute our atmosphere and release excess amounts of carbon into the air. As it stands, existing buildings are, and will continue to be, a main problem. Right now, the real estate sector is responsible for a whopping 40% of global carbon emissions, along with 70% of the world’s electricity, and while we must continue to prioritize new, sustainable buildings, that does not address the countless buildings that are already standing and producing mass amounts of carbon emissions detrimental to our earth’s environment. It is predicted that 70% of the existing buildings across the world will still be standing by the year 2050, meaning these outdated, inefficient warehouses and office parks aren’t going anywhere. To address the real estate carbon footprint, the industry needs to use modern technological solutions to combat this massive issue and implement new technology that transforms dated buildings into high-value decarbonized assets. Reprinted courtesy of Chris Gray, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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10-story Mass Timber 'Rocking' Frame Sails Through Seismic Shake Tests

June 19, 2023 — Nadine M. Post - Engineering News-Record
A 10-story mass timber “rocking” frame, designed to be resilient enough to withstand powerful earthquakes with little or no structural damage, proved its worth May 9 during seismic simulations at the largest high-performance outdoor shake table, located at the University of California San Diego. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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Should I Stay or Should I Go? The Supreme Court Says “Stay”

June 10, 2024 — Brendan J. Witry - The Dispute Resolver
In the construction industry, arbitration is a frequently agreed-upon and utilized dispute resolution method. The Federal Arbitration Act (the “FAA”), 9 U.S.C. 1, et seq., provides the underpinning and framework for how courts should handle litigation in connection with arbitration agreements. Where a party asserts that a claim brought in court should be subject to arbitration, Section 3 of the FAA provides that the action should be stayed. However, some courts have entertained a party’s request to dismiss a suit where the claim is subject to an arbitration agreement, creating a circuit split in the federal appeals courts. In Smith v. Spizzirri, 2024 WL 2193872, issued on May 16, 2024, the Supreme Court held that, absent some other defect (such as the lack of personal or subject matter jurisdiction), Section 3 of the FAA requires a court which finds a claim is subject to an arbitration must stay the lawsuit during the arbitration proceedings rather than dismissing the action.[1] In so doing, the Court addressed a question that for years it left unanswered. While most Circuits held, prior to Smith, that Section 3 requires a court to stay the litigation pending an arbitral award; the First, Fifth, Eighth, and Ninth Circuits each held that a court could dismiss an action in lieu of staying. In Smith, both parties acknowledged the underlying claims were arbitrable, but when the district court compelled arbitration, the court dismissed the action rather than staying the court proceedings. The Ninth Circuit (relying on its prior precedent) affirmed, with two judges noting that the Ninth Circuit’s approach was incorrect. The Supreme Court granted certiorari and reversed. Read the court decision
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Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
Mr. Witry may be contacted at bwitry@lauriebrennan.com

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Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers

March 05, 2015 — Christopher G. Hill – Construction Law Musings
You know how I’ve stated on many occasions that the contract is king here in Virginia? You know how that included contractual provisions waiving mechanic’s lien rights for subcontractors and suppliers? You know how I thought that the General Assembly would not do anything to make mechanic’s liens in Virginia easier to prosecute? Well, it seems, at least for waivers of mechanic’s lien rights by subcontractors and suppliers (more about general contractors later) I was wrong. This General Assembly session, the Senate introduced a bill, that has now passed both houses as of February 25, 2015, that adds language to Virginia Code Section 43-3 that effectively nullifies any contractual waiver of lien rights prior to any work having been performed by any tier of construction company aside from general contractors. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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BHA has a Nice Swing: Firm Supports CDCCF Charity at 2014 WCC Seminar

April 29, 2014 — Beverley BevenFlorez-CDJ STAFF
Stop by the Bert L. Howe & Associates (BHA) booth at the 2014 West Coast Casualty Construction Defect Seminar at the Disneyland Hotel on May 15th and 16th, and Sink A Putt For Charity! This year, seminar attendees and would-be duffers who try their hand at the golf putting game at the Bert L. Howe & Associates booth will not only have the chance to win a free gift card, they’ll also have the opportunity to help raise funds for a very important cause, the Construction Defect Community Charitable Foundation (CDCCF). Throughout this year’s seminar, with every hole-in-one made at their booth, BHA will make a $25.00 cash donation in the golfer’s name to the CDCCF. Bert L. Howe & Associates strongly supports the goals and principles of the CDCCF, and is honored to assist the foundation in fulfilling its mandate of assisting those in the construction defect community who are in need. Read how the CDCCF assists the construction defect community... Read the court decision
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Stacking of Service Interruption and Contingent Business Interruption Coverages Permitted

December 10, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The court found that stacking of interruption coverages was allowed based up the language of the policy. Lion Oil Co. v. Nat'l Union Fire Ins. Co., 2015 U.S. Dist. LEXIS 148261 (W.D. Ark. Nov. 2, 2015). The insured's oil line was ruptured, causing an interruption of crude oil delivery service. The insured held policies issued by National Union. The policies included multiple time element extensions. One extension related to Service Interruption which promised to insure against loss for:

Service Interruption: electrical, steam, gas, water, sewer, incoming or outgoing voice, data, or video, or an other utility or service transmission lines and related plants, substations and equipment situated on or outside of the premises.

Both parties agreed that the service interruption provision was unambiguous and that the court should give effect to the plain language of the policy. 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

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