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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


    Client Alert: Court of Appeal Applies Common Interest Privilege Doctrine to HOA Litigation Meetings

    Real Estate & Construction News Roundup (3/6/24) – Steep Drop in Commercial Real Estate Investment, Autonomous Robots Being Developed for Construction Projects, and Treasury Department Proposes Regulation for Real Estate Professionals

    Congratulations to Partners Nicole Whyte, Keith Bremer, Vik Nagpal, and Devin Gifford, and Associates Shelly Mosallaei and Melissa Youngpeter on Their Inclusion in 2024 Best Lawyers in America!

    Client Alert: Stipulated Judgment For Full Amount Of Underlying Claim As Security For Compromise Settlement Void As Unenforceable Penalty

    Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”

    Developer's Novel Virus-killing Air Filter Ups Standard for Indoor Air Quality

    Legislation Update: S-865 Public-Private Partnerships in New Jersey Passed by Both Houses-Awaiting Governor’s Signature

    Navigating Threshold Arbitration Issues in Construction Contracts

    Kaylin Jolivette Named LADC's Construction and Commercial Practice Chair

    How to Defend Stucco Allegations

    First-Party Statutory Bad Faith – 60 Days to Cure Means 60 Days to Cure

    Construction in the Time of Coronavirus

    Mediation is (Almost) Always Worth a Shot

    Pennsylvania Considers Changes to Construction Code Review

    Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding

    Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

    Deadly Fire in Older Hawaii High-Rise Causes Sprinkler Law Discussion

    Economic Damages Cannot be Based On Speculation

    After 15 Years, Settlement Arrested at San Francisco's Millennium Tower

    Defending Against the Res Ipsa Loquitur Doctrine – Liability Considerations

    First Lumber, Now Drywall as Canada-U.S. Trade Tensions Escalate

    Appellate Court Reinforces When the Attorney-Client Relationship Ends for Purposes of “Continuous Representation” Tolling Provision of Legal Malpractice Statute of Limitations

    Some Coastal Cities Are Sinking Even Faster Than Seas Are Rising

    Good Signs for Housing Market in 2013

    Crane Firm Pulled Off NYC Projects Following Multiple Incidents

    Autovol’s Affordable Housing Project with Robotic Automation

    Traub Lieberman Elects New Partners for 2020

    Construction Defect Claims are on the Rise Due to Pandemic-Related Issues

    Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

    You Cannot Always Contract Your Way Out of a Problem (The Case for Dispute Resolution in Mega and Large Complex Construction Projects)

    Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better

    The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction

    Hurry Up and Wait! Cal/OSHA Hits Pause on Emergency Temporary Standards for COVID-19 Prevention

    Bond Principal Necessary on a Mechanic’s Lien Claim

    Admissibility of Expert Opinions in Insurance Bad Faith Trials

    Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision

    Visual Construction Diaries – Interview with Jeff Sassinsky of Fovea Aero

    Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

    Commercial Construction in the Golden State is Looking Pretty Golden

    Louisiana Couple Sues over Defects in Foreclosed Home

    Insurance Law Alert: California Supreme Court Limits Advertising Injury Coverage for Disparagement

    Insurers Need only Prove that Other Coverage Exists for Construction Defect Claims

    Motion for Reconsideration Challenging Appraisal Determining Cause of Loss Denied

    Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims

    Construction Resumes after Defects

    Fargo Shows Record Home Building

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    Additional Insured Not Covered Where Injury Does Not Arise Out Of Insured's Work
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Cambridge's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

    Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

    April 11, 2018 —
    Last year, I wrote a post calling attention to stalled efforts in the Colorado legislature to pass meaningful construction defect reform. Shortly thereafter, the legislature got it done in the form of House Bill 17-1279. This bill creates an important pre-litigation notice-and-approval process whenever an HOA initiates a construction defect action in its own name or on behalf of two or more of its members. Before May 2017, the pre-litigation requirements that an HOA had to fulfill before bringing a construction defect claim under the Colorado Construction Defect Action Reform Act (“CDARA”) were generally minor. For example, while many declarations required majority approval from the community prior to initiation of claims, in practice, what the industry was seeing is that some HOAs were making it so that only a majority of the HOA Board had to approve bringing the claim, rather than the majority of interested unit owners. It was also common that, even where the majority of owners were involved, they were often voting in favor of filing a lawsuit or arbitration without fully understanding the risks and costs. This practice presented a risk to developers—it is easier to get approval from a small group than from a larger group, and it is easier to get approval when the voting owners do not fully appreciate the risks and costs inherent in filing a claim. Colorado House Bill 17-1279, which was signed into law by Governor Hickenlooper in May 2017 and is codified at C.R.S. § 38-33.3-303.5, lessens these risks by amending the Colorado Common Interest Ownership Act (“CCIOA”) to add certain pre-litigation requirements. Section 38-33.3-303.5 applies any time an HOA institutes a construction defect action its own name on behalf of itself or two or more unit owners on matters affecting the common interest community. C.R.S. §§ 38-33.3-302(1)(d), -303.5(1)(a). Read the court decision
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    Reprinted courtesy of Luke Mecklenburg, Snell & Wilmer
    Mr. Mecklenburg may be contacted at lmecklenburg@swlaw.com

    Digital Twins – Interview with Cristina Savian

    February 11, 2019 —
    In this interview with Cristina Savian, we discuss the present and future of digital twins in the construction industry. Cristina Savian is the founder and managing director at BE-WISE, a London based consultancy firm specialized in helping start-ups and SMEs to scale-up and bring new technologies into the construction market. Cristina has over twenty years’ experience in the civil engineering and technology industries, working from small-scale traffic calming and parking schemes in UK and Italy, through to planning major events such as playing a key role as transport manager of the Greenwich Park venue during the London 2012 Olympic and Paralympic Games. She then moved to work for a multinational leading technology company, Autodesk, covering several global roles as technical and commercial lead across Europe and America. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Contractor's Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion

    January 31, 2014 —
    In a much anticipated decision, the Texas Supreme Court ruled that a general contractor who agrees to perform its work in a good and workmanlike manner does not "assume liability" for damages arising out of its defective work so as to trigger the Contractual Liability Exclusion. Ewing Constr. Co., Inc. v. Amerisure Ins. Co., 2014 Tex. LEXIS 39 (Tex. Jan.17, 2014). Ewing signed an agreement with the School District to serve as general contractor to renovate and build additions to a school, including tennis courts. After construction was completed, the tennis courts started flaking, crumbling, and cracking. The School District filed suit, alleging breach of contract and negligence. 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

    The Construction Lawyer as Counselor

    June 10, 2019 —
    It’s been a while since I discussed the role that I believe a construction lawyer should serve. Back in 2013, I discussed how those of us that practice construction law are seen as “necessary evils.” I was thinking over the weekend about certain clients and matters (as I often do, particularly in the shower) and came to the conclusion that the best role for me as a Virginia construction attorney is that of counselor and sounding board for my clients. Sure I come from a litigation background, enjoy working with other construction lawyers here in the Commonwealth, and often the first contact that I have with clients is when there is a problem, but I enjoy my practice, and I believe clients are more satisfied with their interactions with me when I try and provide a more cost effective and pragmatic solution than that which litigation or arbitration provides. The six years of solo construction practice since 2013 (yes, I’m close to the 9 year mark with my practice) has only served to cement the fact that construction professionals need and want the “counselor” portion of “attorney and counselor at law.” Working as a sort of “in house counsel” to various construction companies, as opposed to simply dealing with the litigation, allows me to better understand their businesses and assist them in avoiding problems through contract review, discussions of situations that come up short of claims, and general risk management. I also get to know these mostly small business owners on a more personal level (sometimes even resulting in a fishing trip or two). Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Oregon Bridge Closed to Inspect for Defects

    February 25, 2014 —
    According to The Oregonian, the Morrison Bridge in Multnomah county, Oregon will be closed Sunday, February 23rd “so county crews can inspect the decking that has caused problems since it was installed” in 2012. The “southernmost eastbound lane has been closed for weeks while crews conducted inspections.” The defects appeared “almost immediately after the project” was completed, reported The Oregonian. Drivers have “dealt with a bumpy, noisy ride as the loose decking panels flopped beneath them.” Multnomah county has sued “Conway Construction, the company the installed the decking, as well as Strongwell Corp., the company that supplied Conway with the decking materials, and Zellcomp, the company that made the decking materials, to determine who should foot the bill for extensive repairs or outright replacement of the decking.” Read the court decision
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    Reprinted courtesy of

    Traub Lieberman Attorneys Named 2019 Super Lawyers

    November 04, 2019 —
    Related Attorneys: Jonathan R. Harwood, Michael K. Kiernan, Michael S. Knippen, Meryl R. Lieberman, Christopher Russo, Scot E. Samis, Lisa L. Shrewsberry, Stephen D. Straus, Richard K. Traub, Cheryl P. Vollweiler, Brian C. Bassett, Jessica N. Kull, Jeremy S. Macklin, Dana A. Rice, Burks A. Smith, III, Jason Taylor Ten Traub Lieberman attorneys have been named 2019 Super Lawyers and seven named 2019 Rising Stars. The honored attorneys represent five of the firm's seven offices and nearly all of its service areas. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas, who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. Read the court decision
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    Reprinted courtesy of

    Joint Venture Dispute Over Profits

    January 28, 2019 —
    A recent Georgia Court of Appeals case demonstrates the risk of joint ventures failing to carefully define accounting rules in their joint venture agreement. Two trade contractors teamed up to accomplish certain tasks on a job at a wastewater lift station at Fort Gordon. A joint venture agreement provided for an equal split of the profits and losses. Unfortunately, the parties did not define “profit,” and particularly did not define what cost would be deducted in calculating profit. They disputed in particular whether certain large payments to individuals and 15% overhead charges should be deducted in calculating profits. One party presented the expert testimony of an accountant while the other did not. The party presenting expert testimony asked the court to dismiss the other party’s claim because it was not supported by expert testimony of an accountant. The trial court granted the motion and dismissed the claim. Read the court decision
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    Reprinted courtesy of David R. Cook, Jr., Autry, Hall, & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com

    A Duty to Design and Maintain Reasonably Safe Roadways Extends to All Persons. (WA)

    February 25, 2014 —
    Case: Lowman v. Wilbur, et al., 178 Wn.2d 165, 309 P.3d 3.87 (2013). Issue: If a passenger’s injuries are in fact caused by the placement of a utility pole too close to a roadway, can the injuries be deemed too remote for purposes of legal causation? NO. Facts: Plaintiff was a passenger in a vehicle that lost control and collided with a utility pole that was 4.47 feet from the edge of the roadway. The vehicle’s driver was under the influence of alcohol. Plaintiff sued the driver as well as the utility company and Skagit County for negligence. The trial court granted the utility company and Skagit County’s summary judgment motion, finding that the negligent placement of the utility pole was not a legal cause of plaintiff’s injuries. The issue before the Supreme Court was whether a negligently placed utility pole could be the legal cause of a resulting injury. Read the court decision
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    Reprinted courtesy of Natasha Khachatourians, Scheer & Zehnder LLP
    Ms. Khachatourians may be contacted at natashak@scheerlaw.com