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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


    Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of Caution

    Properly Trigger the Performance Bond

    Massachusetts SJC Clarifies “Strict Compliance” Standard in Construction Contracts

    Massive Wildfire Near Boulder, Colo., Destroys Nearly 1,000 Homes and Businesses

    Nebraska’s Prompt Pay Act for 2015

    US Homes Face Costly Retrofits for Induction Stoves, EV Chargers

    Designing the Process to Deliver Zero-Carbon Construction – Computational Design in Practice

    Two Things to Consider Before Making Warranty Repairs

    Health Officials Concerned About Lead-Tainted Dust Created by Detroit Home Demolitions

    Risky Business: Contractual Protections in the 'New Normal'

    Senator Ray Scott Introduced a Bill to Reduce Colorado’s Statute of Repose for Construction Defect Actions to Four Years

    More In-Depth Details on the Davis-Bacon Act Overhaul

    The Trend in the Economic Loss Rule in Construction Defect Litigation

    President Obama Vetoes Keystone Pipeline Bill

    Can You Really Be Liable For a Product You Didn’t Make? In New Jersey, the Answer is Yes

    Real Estate & Construction News Round-Up 04/06/22

    Green Construction Claims: More of the Same

    Axa Unveils Plans to Transform ‘Stump’ Into London Skyscraper

    Close Enough Only Counts in Horseshoes and Hand Grenades

    Hong Kong Buyers Queue for New Homes After Prices Plunge

    Insurer’s Duty to Defend: When is it Triggered? When is it Not?

    Hurricane Damage Not Covered for Home Owner Not Named in Policy

    New Defendant Added to Morrison Bridge Decking Lawsuit

    Woman Files Suit for Property Damages

    Lost Productivity or Inefficiency Claim Can Be Challenging to Prove

    Toll Brothers Faces Construction Defect Lawsuit in New Jersey

    Colorado “occurrence”

    Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

    California Appeals Court Remands Fine in Late Completion Case

    Ambiguity Kills in Construction Contracting

    Traub Lieberman Partner Gregory S. Pennington and Associate Emily A. Velcamp Obtain Summary Judgment in Favor of Residential Property Owners

    Overtime! – When the Statute of Limitations Isn’t Game Over For Your Claim

    Pool Contractor’s Assets Frozen over Construction Claims

    Construction Contract Terms Matter. Be Careful When You Draft Them.

    Beware of Statutory Limits on Change Orders

    “Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint

    Neighbor Allowed to Remove Tree Roots on Her Property That Supported Adjoining Landowners’ Two Large Trees With Legal Immunity

    Does a Contractor (or Subcontractor) Have to Complete its Work to File a Mechanics Lien

    Landlord Duties of Repair and Covenant of Quiet Enjoyment

    Water Bond Would Authorize $7.5 Billion for California Water Supply Infrastructure Projects

    Another Setback for the New Staten Island Courthouse

    Apartments pushed up US homebuilding in September

    Los Angeles Warehousing Mecca Halts Expansion Just as Needs Soar

    A Vision and Strategy for the Adoption of Open International Standards

    The Construction Lawyer as Problem Solver

    2014 WCC Panel: Working Smarter with Technology

    “Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

    Tech Focus: Water Tech Getting Smarter

    The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.

    How Mushrooms Can Be Used To Make Particle Board Less Toxic
    Corporate Profile

    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

    These Pioneers Are Already Living the Green Recovery

    June 01, 2020 —
    In the wake of the historic global economic shutdown in response to the Covid-19 pandemic, governments are unleashing trillions of dollars in a bid to create jobs and spur economic recovery. The scale of this stimulus is unprecedented, in some cases amounting to more than 10% of countries’ gross domestic product. At the same time, an overwhelming number of economists, finance ministers, and business leaders are saying that much of that money needs to help—and certainly not hinder—our ability to cut emissions. If that advice is heeded, these funds will go to emerging technologies that would have sounded like science fiction not so long ago. Now they have ambitions to help lower greenhouse gas emissions on an industrial scale. Leading the way is the European Union, which was planning a green transformation even before the outbreak began. It aims to make the 27-member bloc the first carbon neutral continent by 2050, and the pandemic hasn’t changed that. Read the court decision
    Read the full story...
    Reprinted courtesy of Laura Millan Lombrana & Akshat Rathi, Bloomberg

    Low Interest Rates Encourages Homeowners to become Landlords

    June 18, 2014 —
    CNN Money reported that more homeowners are deciding to keep their homes rather than sell, and become landlords instead. "Clients tell us all the time, 'We're never going to sell our home, even after we buy a new one,'" Glenn Kelman, CEO of the brokerage, Redfin, told CNN Money. “The math works in most landlords' favor these days,” according to CNN Money. “Rents have risen by about 20% nationwide since mid-2006, the housing bubble peak, while home prices are still about 21% below what they were at that time.” Read the court decision
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    Reprinted courtesy of

    ASCE's Architectural Engineering Institute Announces Winners of 2021 AEI Professional Project Award

    April 19, 2021 —
    RESTON, Va. – The American Society of Civil Engineers' (ASCE) Architectural Engineering Institute (AEI) is pleased to announce the 100 Mount Street project by Skidmore, Owings & Merrill and Billie Jean King Main Library, also by Skidmore, Owings & Merrill as Best Overall Projects winners for AEI's Professional Project Awards. The 100 Mount Street project won the award Best Overall Project Over $100 Million, while the Billie Jean King Main Library won the award for Best Overall Project Under $100 Million. Traditionally, AEI announces project winners during its in-person annual Awards Banquet; however, ASCE held the banquet virtually this year to follow CDC guidelines which suggest avoiding large gatherings. The AEI Professional Project Award recognizes outstanding achievements in design and construction by honoring the art and science of an integrated approach to architectural engineering. The program focuses on high performance buildings including structural, mechanical, electrical and lighting systems as well as construction management and architectural engineering integration. Projects are evaluated on originality and innovative character, integration and collaboration, sustainability, energy efficiency and economics, effective use of technology and constructability and site logistics. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. About ASCE's Architectural Engineering Institute Established in 1998, AEI is the premier organization for architectural engineering, promoting an integrated, multi-disciplinary approach to planning, design, construction and operation of buildings, by encouraging innovation, collaboration and excellence in practice, education and research of architectural engineering. For more information, visit www.asce.org/aei. Read the court decision
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    Reprinted courtesy of American Society of Civil Engineers

    Tips for Drafting Construction Contracts

    May 04, 2020 —
    When negotiating a construction contract, a contractor and its advisers must first determine the areas of greatest concern. For example, if the contractor believes that the drawings that were prepared by the architect and other design professionals are deficient, the contractor may want to reference those deficiencies in the contract. The contractor should emphasize that it is not responsible for the drawings and to the extent the project schedule is extended to allow the parties to address such issues with the drawings, the contractor would be entitled to additional compensation. This article provides contractors with additional tips, with a broad focus on project delays, for their protection when negotiating and drafting construction contracts, and helps contractors understand the rationale for such tips to better prepare contractors in such negotiations. Contractor’s liability to the owner for delay damages It is imperative that the contract include a waiver of claims for consequential damages. AIA Document A201TM – 2017 includes such a waiver, which provides, in pertinent part, “The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract … This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14.” Reprinted courtesy of Stuart Rosen, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Mr. Rosen may be contacted at srosen@proskauer.com

    Reminder: Quantum Meruit and Breach of Construction Contract Don’t Mix

    July 30, 2015 —
    Construction contracts (preferably written ones) are near and dear to my heart here at Construction Law Musings. In a world where the contract is king, having a written construction agreement is a key component of any properly run construction project. However, even with the best construction contract there are claims (Murphy was an optimist after all). When making these claims, we construction lawyers tend to plead both the breach of contract and quantum meruit (or in non lawyer speak- unjust enrichment) when drafting a complaint in a construction dispute. A recent case out of the Western District of Virginia federal district court reminds us all that these two counts must be plead alternatively because they simply cannot exist in a lawsuit from beginning to end. 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

    How to Drop a New Building on Top of an Old One

    December 05, 2022 —
    Façadectomy. That’s the tongue-in-cheek term for a widely unloved architectural compromise that developers sometimes strike: saving the historic veneer of an existing building while demolishing and replacing its internal structure. Façade preservation is especially popular in Washington, DC, where a federal cap on the height of buildings and the strength of the preservationist cause locally makes the case for adapting existing structures, even at great expense. Façadism is rarer where cheaper tear-downs are possible, but over the last 40 years, this trend hit its stride on the East Coast. Prominent examples include the Spanish Embassy in DC and the Penn Mutual tower in Philadelphia. A new condo tower in Boston’s South End isn’t a typical façadectomy. The development at 100 Shawmut Avenue looks as if a glassy modern building had been plopped down on top of an old warehouse. According to Tom Schultz, associate for The Architectural Team, the Boston-area firm behind the project, the case for incorporating a six-story warehouse into a new residential project wasn’t merely aesthetic. The site and structure lent itself to building up. Read the court decision
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    Reprinted courtesy of Kriston Capps, Bloomberg

    Tacoma Construction Site Uncovers Gravestones

    August 11, 2011 —

    The Seattle Times reports that a transit construction project has uncovered about twenty-five gravestones. The area was historically sensitive, as it is in territory once occupied by the Puyallup Tribe. At current report, no human remains have been found and the article cites the project?s archeological consultant as describing the gravestones as “not historically significant.”

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    Reprinted courtesy of

    Price Escalation Impacts

    August 22, 2022 —
    This Bulletin provides guidance to contractors, subcontractors, suppliers, and others to ensure compliance with contractual change order requirements in the event work on a construction project is impacted by price escalation. Construction projects are being impacted by increased costs for most construction materials. The Producer Price Index shows a 69% increase in the cost of construction materials from March 2020 to March 2022. Many construction contracts do not address escalation or specifically exclude change orders for material escalation, leaving the risk of escalation of construction materials with the contractor, subcontractor, or suppliers. Bid Protection Tips:
    • Keep bids open for less than 30 days with a designated sunset date:
      • Keeping your bids open for less than 30 days can help protect you from sudden changes in pricing and help maintain your bids’ competitive status.
      • If asked to extend time a bid is open, reconfirm prices before agreeing.
    Read the court decision
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    Reprinted courtesy of Denise Motta, Gordon Rees Scully Mansukhani, LLP
    Ms. Motta may be contacted at dmotta@grsm.com