Cambridge Massachusetts Building Expert Directory

Sometimes, Being too Cute with Pleading Allegations is Unnecessary

June 06, 2018 — David Adelstein - Florida Construction Legal Updates
There are times where being too darn cute with your pleading allegations is unnecessary and does not work. But, the point is really that the cuteness is unnecessary. In a Miller Act payment bond dispute in Boneso Brothers Construction, Inc. v. Sauer, Inc., 2018 WL 2387833 (N.D.Cal. 2018), a claimant asserted claims against a Miller Act payment bond surety for breach of the payment bond, breach of a subcontract, open account, and account stated. The question is why would the claimant sue the payment bond surety for breach of subcontract (when the subcontract was not with the surety), and open account and account stated. I have no clue, other than such claims appeared quite unnecessary when the claimant asserted an action on the Miller Act payment bond (which is what the surety is liable under — actions under the statutory payment bond). Such claims were dismissed. And, they should have been. 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

Settlement Reached in Bridge Failure Lawsuit

December 11, 2013 — CDJ STAFF
Officials claimed the failure of a bridge in Afton Township, Illinois was because trucks owned by Welded Construction used the bridge despite exceeding the bridge’s weight limit of 36.5 tons. The firm argued that they should be responsible for the depreciated cost of the bridge, not its replacement cost. Welded Construction had been using the bridge to get to the site of an oil pipeline construction project for Enbridge Energy. Replacement of the bridge was initially estimated at $933,000, but that was in advance of any design work. Enbridge Energy settled the case at $900,000, which should cover most or all of the cost of repair or replacement. Some federal funds may also be available for repairing or constructing a new bridge. Read the court decision
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Newmeyer & Dillion Selected to 2017 OCBJ’s Best Places to Work List

July 26, 2017 — Newmeyer & Dillion LLP
Prominent business and real estate law firm Newmeyer & Dillion LLP is proud to be one of the selected companies in the Best Places to Work in Orange County – 2017 Survey in the category of medium sized companies. This marks the sixth consecutive year Newmeyer & Dillion LLP has made the list, affirming that its profound commitment to professionalism and client service is shared among its workforce. The firm was honored in the July 24 issue of the Orange County Business Journal. Jeff Dennis, Newmeyer & Dillion's Managing Partner, commends the effort and commitment of each employee in achieving this result. "We strive to make Newmeyer & Dillion a great place to be, but we only set the goal. It is our employees and their ongoing loyalty and commitment to our mission that makes it happen. Together, we create a culture here that cannot be matched anywhere else." Created in 2009, the awards program evaluates entries based on workplace policies, practices, demographics, and also collects employee surveys to measure overall satisfaction and experience. The Best Companies Group worked alongside the Orange County Business Journal in collecting and analyzing the data and is a partner in the project. About Newmeyer & Dillion For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com. Read the court decision
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Scotiabank Is Cautious on Canada Housing as RBC, BMO Seek Action

April 12, 2021 — Shelly Hagan & Erik Hertzberg - Bloomberg
Bank of Nova Scotia, Canada’s third-largest lender, waded into the burgeoning debate over whether Justin Trudeau’s government should take immediate steps to cool the nation’s hot housing market, issuing a report that cautioned against rushing to implement new constraints. In a report released Sunday, Scotiabank’s chief economist Jean-Francois Perrault said the recent run-up in home prices nationally over the past year was in large part driven by sluggish supply that failed to keep up with higher demand -- a trend that could reverse itself as new sellers enter the market in coming weeks. If the government does decide to take action, it should target housing speculators, he said. Reprinted courtesy of Shelly Hagan, Bloomberg and Erik Hertzberg, Bloomberg Read the court decision
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Construction Site Blamed for Flooding

November 08, 2013 — CDJ STAFF
A neighborhood in Pflugerville, Texas was during some recent heavy rains, and the residents blame the nearby construction of a new elementary school. During the rains, a retention wall around the site collapsed, leading to the water discharging to their neighborhood. One resident noted that he had about $16,000 worth of damage to his home and it has also cost him work. “I fix computers for a living, but I don’t have internet right now, and a lot of my stuff is wet,” said Erik Goeser, one of the Shallow Creek neighborhood residents. The county is looking into the situation but notes that “the construction site in question had recently been inspected and met all Travis County expectations, requirements and codes.” Read the court decision
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Another Municipality Takes Action to Address the Lack of Condominiums Being Built in its Jurisdiction

March 12, 2015 — Heather M. Anderson – Higgins, Hopkins, McLain & Roswell, LLC
Whether you are in the market to downsize or are looking to be a first time home buyer, you have likely noticed that your housing options in Colorado have become extremely limited over the course of the last several years. If you are a contractor and have worked on multi-family projects in the recent past, you know why the housing options are limited in the State of Colorado. In the past two years, there have been studies commissioned and articles published in local periodicals investigating the extreme slowdown seen in the construction of owner-occupied multi-family housing, namely condominiums and townhomes. Those of us involved in and with the construction industry are intimately familiar with the lengthy, complicated, and incredibly expensive construction defect litigation that has plagued multi-family construction in the State of Colorado and brought it to a virtual halt. And now, local municipalities and elected officials are starting to take notice. Most recently, the City of Lone Tree passed Ordinance No. 15-01, to become effective on April 1, 2015. According to the City of Lone Tree, Ordinance No. 15-01 is “aimed at encouraging the development of owner-occupied, multi-family residential projects through the adoption of regulations designed to balance the risk and exposure to builders and developers of such projects, while still protecting homeowners from legitimate construction defect claims.” Read the court decision
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Reprinted courtesy of Heather M. Anderson, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Anderson may be contacted at Anderson@hhmrlaw.com

Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

January 04, 2021 — Christopher C. Broughton, Jones Walker LLP - ConsensusDocs
Introduction The right to offset refers to the common sense ability to reduce or eliminate your payment obligations to a party who owes you money on another contract. With offsets, common law largely tracks common sense. The right of offset is recognized by statute and court decisions in many states as well as under federal law and the U.S. Bankruptcy Code. The right to offset can also be established in the contract or subcontract. But like many things that may seem simple, the right to offset can easily become complex. This article provides an overview of the extent and limits of the right to offset varies from state to state and with federal government contracts about the extent and limits of the right of offset. Construction trust fund statutes add another layer of complications. These variations may not be obvious or intuitive, but they have a tremendous impact on your right to get paid or your right to withhold payment. Because of the variations, you must always confirm the law applicable to your contract or subcontract, which may not be where the project or you are located. Read the court decision
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Reprinted courtesy of Christopher C. Broughton, Jones Walker LLP
Mr. Broughton may be contacted at cbroughton@joneswalker.com

Hunton’s Alice Weeks Selected to the Miami Dade Bar’s Circle of Excellence for Insurance Litigation

April 25, 2023 — Hunton Insurance Recovery Blog
Congratulations to Alice Weeks, an associate on Hunton Andrews Kurth’s insurance coverage team, for being selected to the Miami Dade Bar’s Circle of Excellence for Insurance Litigation. The Circle of Excellence award is awarded to peer-selected attorneys in their area of practice. Alice was selected from among many highly qualified nominees and was recognized at the Miami Dade Bar’s Judicial Reception. Alice is a past board member of the Miami Dade Bar YLS, as well as past-editor of the Miami Dade Bar’s newsletter, the Bulletin. Alice’s Circle of Excellence selection follows her recent selection to the Cystic Fibrosis Foundation’s 40 Under 40 Outstanding Young Professionals of South Florida and her receipt of the Miami Dade Bar’s 40 Under 40 Award. Read the court decision
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Reprinted courtesy of Hunton Andrews Kurth LLP

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES