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    Builders Association of Central Massachusetts Inc
    Local # 2280
    51 Pullman Street
    Worcester, MA 01606

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    700 Congress St Suite 200
    Quincy, MA 02169

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    Building Expert News and Information
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    New York High Court: “Issued or Delivered” Includes Policies Insuring Risks in New York

    Texas Legislature Puts a Spear in Doctrine Making Contractor Warrantor of Owner Furnished Plans and Specifications

    Construction Industry on the Comeback, But It Won’t Be the Same

    Improper Means Exception and Tortious Interference Claims

    Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

    Old Case Teaches New Tricks

    Architect Blamed for Crumbling Public School Playground

    Making Construction Innovation Stick

    Wildfire Insurance Coverage Series, Part 2: Coverage for Smoke-Related Damages

    Las Vegas Team Obtains Complete Dismissal of a Traumatic Brain Injury Claim

    Surety's Settlement Without Principal's Consent Is Not Bad Faith

    Not Our Territory: 11th Circuit Dismisses Hurricane Damage Appraisal Order for Lack of Jurisdiction

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

    Home Prices in 20 U.S. Cities Kept Climbing in January

    Federal Judge Strikes Down CDC’s COVID-19 Eviction Moratorium

    Insurance Policy Language Really Does Matter

    When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor

    Mexico City Metro Collapse Kills 24 After Neighbors’ Warnings

    ARUP, Rethinking Green Infrastructure

    Chicago Developer and Trade Group Sue City Over Affordable Housing Requirements

    Contractor Allegedly Stole Construction Materials

    CRH to Buy Building-Products Firm Laurence for $1.3 Billion

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    Do Engineers Owe a Duty to Third Parties?

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    Jury Finds Broker Liable for Policyholder’s Insufficient Business Interruption Limits

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    The Cambridge, Massachusetts Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

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    Behavioral Science Meets Construction: Insights from Whistle Rewards

    September 09, 2024 —
    In this episode of the AEC Business Podcast, Aarni Heiskanen hosts Drew Carter, CEO of Whistle Rewards, and Dr. Laurel Newman, a behavioral scientist, to discuss instant rewards for driving behavioral change in construction. Laurel shares her psychology background and academic career, studying how the environment influences behavior. Drew introduces himself as a data scientist, focusing on predictive modeling. Tune in to learn how they collaborate to create motivating environments in the construction industry. Whistle Rewards is a platform specializing in rewards, recognition, and incentives in the AEC industry. It is designed to enhance employee engagement, safety compliance, performance, and technology adoption in construction companies. The Guests Drew Carter, CEO and Co-Founder at Whistle Systems, Inc. Drew is improving employee retention using data science and behavioral science. 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

    Additional Dismissals of COVID Business Interruption, Civil Authority Claims

    December 29, 2020 —
    Among the recent decisions dismissing complaints for business interruption and civil authority coverage due to closures caused by COVID-19 are Pappy's Barber Shops, Inc. v. Farmers Group, Inc., 2020 U.S. Dist. LEXIS 166808 (S.D. Calif. Sept. 11, 2020) and Sandy Point Dental v. Cincinnati Insurance Co., 2020 U.S. Dist. LEXIS 171979 (E.D. Ill. Sept. 21, 2020). The difficulty in proving "direct physical loss" was the downfall of both cases. In Pappy's, claims were made for business income losses insured as a result of local and state closure orders. The policy required "direct physical loss of or damage to property at the described premises." Plaintiffs argued that "direct physical loss of" did not require a tangible damage or alteration to property and that the loss of the ability to continue operating their businesses as a result of the government orders met this requirement. The court relied upon a prior decision, 10E, LLC v. Travelers Indem. Co. of Connecticut, 2020 U.S. Dist. LEXIS 165252 (C.D. Calif. Sept. 2, 2020) [post here], where the court noted that under California law, losses from inability to use property did not amount to "direct physical loss" within the meaning of the policy. 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

    Primer Debuts on Life-Cycle Assessments of Embodied Carbon in Buildings

    August 20, 2018 —
    A recently released primer for the use of a life-cycle assessment approach to analyze the environmental impacts of buildings is considered a small but necessary step toward the ambitious goal of getting to net-zero embodied carbon and operational greenhouse gas emissions in the construction, operation and decommissioning of buildings. The LCA guide comes after the release of the first-of-its-kind benchmarking database of embodied carbon in existing buildings. And another first—a tool to calculate embodied carbon in construction—is on the horizon. Read the court decision
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    Reprinted courtesy of Engineering News-Record
    ENR may be contacted at ENR.com@bnpmedia.com

    Where Standing, Mechanic’s Liens, and Bankruptcy Collide

    September 17, 2018 —
    I have spoken often about mechanic’s liens and the implications of such liens as they relate to bankruptcy here at Construction Law Musings. A recent case out of Loudoun County, Virginia added another wrinkle to this discussion, that of standing and what happens on conveyance of the property and what interest in the property is required to allow a party to seek removal of the mechanic’s lien. In Leesburg Bldg. P’rs LLC v. Mike Berger Inc. the Loudoun County Circuit Court faced the following scenario. Leesburg Building Partners developed certain condominiums and hired Lansdowne Construction to perform the work as general contractor and paid Landsdowne in full for the work. Lansdowne hired Mike Berger, Inc. (“MBI”) to perform concrete work for the project. Landsdowne didn’t pay MBI approximately $48,000.00 and subsequently filed for bankruptcy. MBI, seeking to protect it’s interest in the money it was owed, recorded a mechanic’s lien on the property. Leesburg Building Partners filed an action to declare the lien invalid and have it removed from the property based upon its “payment defense” and the fact that it had paid Landsdowne in full. A relatively simple scenario and one that has been discussed before here at Musings. Not so fast. . . Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Steel-Fiber Concrete Link Beams Perform Well in Tests

    December 21, 2016 —
    A recent series of dynamic tests demonstrates that there are several types and doses of steel-fiber reinforcement that can be used in performance-based seismic design of coupling beams—headers that link openings in concrete shear walls—to reduce rebar congestion. The tests, performed at the University of Wisconsin, are called “a step in the right direction” by the structural engineer who pioneered the use of SFR concrete. Read the court decision
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    Reprinted courtesy of Nadine M. Post, Engineering News-Record
    Ms. Post may be contacted at postn@enr.com

    No Global MDL for COVID Business Interruption Claims, but Panel Will Consider Separate Consolidated Proceedings for Lloyds, Cincinnati, Hartford, Society

    August 24, 2020 —
    In a widely anticipated ruling, the Judicial Panel on Multidistrict Litigation has denied two motions to centralize pretrial proceedings in hundreds of federal cases seeking coverage for business interruption losses caused by the COVID-19 pandemic. However, the Panel has ordered expedited briefing on whether four separate consolidated proceedings should be set up for four insurers – Cincinnati, Society, Hartford, and Lloyds – who appear to be named in the largest number of claims. In seeking a single, industry-wide MDL proceeding, some plaintiffs had argued that common questions predominated across the hundreds of pending federal suits: namely, [1] the question of what constituted ‘physical loss or damage’ to property, under the allegedly standardized terms of various insurers’ policies; [2] the question whether various government closure orders should trigger coverage under those policies, and [3] the question whether any exclusions, particularly virus exclusions, applied. Reprinted courtesy of Eric B. Hermanson, White and Williams and Konrad R. Krebs, White and Williams Mr. Hermanson may be contacted at hermansone@whiteandwilliams.com Mr. Krebs may be contacted at krebsk@whiteandwilliams.com Read the court decision
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    Reprinted courtesy of

    West Coast Casualty’s Construction Defect Seminar Returns to Anaheim May 15th & 16th

    February 25, 2014 —
    This year will be the twenty-first anniversary of West Coast Casualty’s Construction Defect Seminar, which brings together industry professionals locally as well as internationally. Early registration begins in the evening of Wednesday, May 14th, while the main events take place on May 15th and 16th at the Disneyland Hotel and Resort. For attendees who wish to explore more of southern California before or after the seminar, you can show your badge and save at many venues including the Warner Bros. VIP Studio Tour, Medieval Times, Pinot Provence, Crossroads at House of Blues, Morton’s Steakhouse, as well as many other establishments. You may register for the seminar online. They are offering a $50 discount to attendees who register before April 15th. Download an invitation or register for the event... Show Your Badge and Save... Read the court decision
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    Reprinted courtesy of

    Pushing the Edge: Crews Carve Dam Out of Remote Turkish Mountains

    July 04, 2023 —
    Rugged Construction | Part Two of an ENR Series On a cold, gray day in late March, the mountains on the drive to the Yusufeli hydroelectric dam project site in northeastern Turkey seem ominous. With the highest of these rising more than 3,000 meters above sea level—some of them snow-capped—the jagged rock formations look stark and imposing, the type only a trained professional should attempt to cross. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of