Cambridge Massachusetts Building Expert Directory

Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract

June 05, 2023 — David Adelstein - Florida Construction Legal Updates
Don’t ignore dispute resolution provisions in a construction contract. Sometimes, you may want to. But dispute resolution provisions should be one of the first provisions you look to when a dispute arises recognizing these provisions will be raised if you fail to comply. Not only will they be raised, but the presumption is they will be enforced. This is the situation that was raised in Seminole County, Florida v. APM Construction Corp., 2023 WL 3555356 (Fla. 5th DCA 2023). Here, a contractor was terminated for cause by Seminole County. The contractor then filed suit against the County. The County moved to dismiss the lawsuit because the contractor failed to comply with contractual presuit administrative procedures in the contract prior to filing a lawsuit. While the trial court denied the County’s motion to dismiss, the appellate court granted the County’s petition for writ of certiorari quashing the trial court’s order denying the motion to dismiss. For purposes of granting the writ of certiorari, the appellate court held irreparable harm existed because “certiorari jurisdiction is properly exercised when a trial court permits a party to litigate when there is a contractual or legal obligation to first administrative proceed.” Seminole County, supra, at *2. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Viewpoint: Firms Should Begin to Analyze Lessons Learned in 2020

January 04, 2021 — Rich Friedman - Engineering News-Record
If there’s one phrase that describes 2020, it was not “business as usual.” How AEC firms fared last year depended upon their strategies for navigating an uncertain landscape. While we talk about finding a new normal, company leaders in 2021 will have to think more expansively about what they want that “normal” to look like. Reprinted courtesy of Rich Friedman, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage

December 11, 2018 — Timothy Carroll - White and Williams LLP
Earlier this month, in Frederick Mutual Insurance Company v. Hall, the U.S. Court of Appeals for the Third Circuit concluded that coverage for faulty workmanship claims is “simply not the kind of coverage insurance agents and insurance companies expect to provide” to construction industry professionals “unless the insured explicitly requests such coverage.” 2018 U.S. App. LEXIS 31666, at *9 (3d Cir. Nov. 8, 2018). In Hall, a stone masonry contractor was sued by its customer for causing over $350,000 in property damage resulting from “substandard and defective work” performed on the customer’s residence. The insurer sought a declaration that it owed neither a defense nor indemnity for those damages because, under Pennsylvania law, the policy did not cover property damage caused by faulty workmanship. Read the court decision
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Reprinted courtesy of Timothy Carroll, White and Williams LLP
Mr. Carroll may be contacted at carrollt@whiteandwilliams.com

Ex-Detroit Demolition Official Sentenced for Taking Bribes

November 24, 2019 — Jeff Yoders - Engineering News-Record
Aradondo Haskins, a former Detroit demolition projects official, has been sentenced to a year in federal prison for accepting $26,500 in bribes from contractors and rigging bids to tear down homes in a federally funded demolition program. U.S. District Judge Victoria Roberts handed down the sentence on Sept. 23 and ordered Haskins to pay a $5,000 fine and forfeit bribes he took while employed by demolition contractor Adamo Group and by the city. The charges against Haskins were unsealed on April 8, shortly before he pled guilty. Reprinted courtesy of Jeff Yoders, Engineering News-Record Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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Only Two Weeks Until BHA’s Texas MCLE Seminar in San Antonio

April 28, 2014 — Beverley BevenFlorez-CDJ STAFF
There are just two weeks remaining to sign up for Bert L. Howe & Associate’s inaugural Texas MCLE seminar, “THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION.” This activity will be presented on Friday, May 9th at noon in BHA’s San Antonio offices, located at 17806 IH 10, Suite 300, San Antonio, TX 78256. There is no cost for attendance at this seminar and lunch will be provided. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0.0 credit hours will apply to legal ethics/professional responsibility credit. The seminar will be presented by Don MacGregor, general contractor and project manager. Water intrusion through doors, windows and roofing systems, as well as soil and foundation-related movement, and the resultant damage associated therewith, are the triggering effects for the vast majority of homeowner complaints today and serve as the basis for most residential construction defect litigation. The graphic and animation-supported workshop/lecture activity will focus on the residential construction process from site preparation through occupancy, an examination of associated damages most often encountered when investigating construction defect claims, and the inter-relationships between the developer, general contractor, sub trades and design professionals. Typical plaintiff homeowner/HOA expert allegations will be examined in connection with those building components most frequently associated with construction defect and claims litigation. The workshop will examine: * Typical construction materials, and terminology associated with residential construction * The installation process and sequencing of major construction elements, including interrelationship with other building assemblies * The parties (subcontractors) typically associated with major construction assemblies and components * An analysis of exposure/allocation to responsible parties. Attendance at THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION seminar will provide the attendee with: * A greater understanding of the terms and conditions encountered when dealing with common construction defect issues * A greater understanding of contractual scopes of work encountered when reviewing construction contract documents * The ability to identify, both quickly and accurately, potentially responsible parties * An understanding of damages most often associated with construction defects, as well as a greater ability to identify conditions triggering coverage Course #: 901290467 / Sponsor #: 14152. To register for the event, please email Don MacGregor at dmac@berthowe.com. If you have any questions, please feel free to contact Don at (210) 540-9017 (office) or (714) 713-4956 (cell). Read the court decision
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Architect, Engineer, and Design Professional Liens in California: A Different Animal than the Mechanics’ Lien

August 15, 2022 — William L. Porter - Porter Law Group
Most in the construction industry are familiar with the rules governing California mechanics’ liens. They know that the Preliminary Notice of Civil Code Section 8034 and 8200-8216 is an important foundational prerequisite document and that the deadline to record a mechanics’ lien is generally triggered by events occurring at the end of construction, including completion of the work of improvement and/or the recording of the notice of completion or notice of cessation. Most of these rules are found in California Civil Code sections 8160-8494. While architects, engineers and other design professionals are certainly entitled to pursue a mechanics’ lien at the end of a construction project when they are unpaid for their work, unless they also consider the remedy available to them under the California “design professional lien,” they are missing a powerful opportunity to preserve the right to payment only available to architects, engineers, and design professionals. Read the court decision
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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Court’s Ruling on SB800 “Surprising to Some”

October 16, 2013 — CDJ STAFF
Describing it as “surprising to many in the residential home building industry,” Jay Drake of Reuben, Junius & Rose LLP has a piece discussing the recent California Court of Appeals decision that SB800 is not a homeowner’s only remedy for construction defects. The court found, according to Mr. Drake that “the primary purpose of the Act was to provide a property owner with remedies for repair of construction defects before the defects caused actual damages.” In the case before the court, the construction defects had already lead to further damages. Mr. Drake notes that the legislative history of SB800 puts the bill in response to an earlier California court case in which the courts determined that without actual damage to property, a homeowner could not file a construction defect lawsuit. The court concluded that SB800 was not intended to limit the homeowner’s rights after a construction defect situation has lead to damage. Read the court decision
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Tech to Help Contractors Avoid Litigation

November 01, 2022 — Brian Poage - Construction Executive
Risk mitigation is a bigger part of managing construction projects than most people outside the industry realize. Construction is a risky business by nature. However, with the right tools, contractors can protect their businesses from costly litigation and keep jobsites safer and more productive. Modern technology helps increase project visibility for internal and external stakeholders, helping them monitor risks and resolve potential issues as quickly as possible. How does increased visibility reduce risk? The most common causes of litigation in construction are quality issues, schedule delays and injuries. Each of these risks can be reduced with better communication and documentation. Reprinted courtesy of Brian Poage, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES