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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

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    Quincy, MA 02169

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    Tewksbury, MA 01876

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    Local # 2270
    240 Cadwell Dr
    Springfield, MA 01104

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    Foxboro, MA 02035

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    Building Expert News and Information
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    Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured

    Scaffolding Collapse Kills Workers at China Construction Site

    “Bee” Careful: Unique Considerations When Negotiating a Bee Storage Lease Agreement

    A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

    COVID-19 Vaccine Considerations for Employers in the Construction Industry

    Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal

    Winners Announced in Seattle’s Office-to-Residential Call for Ideas Contest

    Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend

    Florida Continues Enacting Tort Reforms, This Time Shortening the Statute of Repose

    PSA: Latest Updates from AGC-VA on COVID Rules (UPDATED)

    Louisiana District Court Declines to Apply Total Pollution Exclusion

    Barratt Said to Suspend Staff as Contract Probe Continues

    Is it the End of the Story for Redevelopment in California?

    No Coverage for Home Damaged by Falling Boulders

    The Private Works: Preliminary Notice | Are You Using the Correct Form?

    ‘Revamp the Camps’ Cabins Displayed at the CA State Fair

    BIOHM Seeks to Turn Plastic Waste into Insulation Material with Mushrooms

    Napa Quake Seen Costing Up to $4 Billion as Wineries Shut

    Construction Law Breaking News: California Supreme Court Rules in Favor of Beacon Residential Community Association

    Insured Under Property Insurance Policy Should Comply With Post-Loss Policy Conditions

    Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable

    Meet the Forum's ADR Neutrals: LISA D. LOVE

    FIFA Inspecting Brazil’s World Cup Stadiums

    Construction Defect Reform Bill Passes Colorado Senate

    Georgia Appellate Court Supports County Claim Against Surety Company’s Failure to Pay

    California Federal Court Finds a Breach of Contract Exclusion in a CGL Policy Bars All Coverage for a Construction Defect Action

    Texas Supreme Court to Review Eight-Corners Duty-to-Defend Rule

    Where There's Smoke...California's New Emergency Wildfire Smoke Protection Regulation And What Employers Are Required To Do

    Women in Construction Aren’t Silent Anymore. They Are Using TikTok to Battle Discrimination

    Tender the Defense of a Lawsuit to your Liability Carrier

    A General Contractor’s Guide to Additional Insured Coverage

    Focusing on Design Elements of the 2014 World Cup Stadiums

    When Customers Don’t Pay: What Can a Construction Business Do

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    Five Years of Great Legal Blogging at Insurance Law Hawaii

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    EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

    No Coverage for Subcontractor's Faulty Workmanship

    One More Mechanic’s Lien Number- the Number 30

    Nomos LLP Partners Recognized in Super Lawyers and Rising Stars Lists

    Superior Court Of Pennsylvania Holds Curb Construction Falls Within The Scope Of CASPA

    The Hidden Dangers of Construction Defect Litigation: A Redux

    London’s Best Districts Draw Buyers on Italian Triple Dip

    Eleventh Circuit Reverses Attorneys’ Fee Award to Performance Bond Sureties in Dispute with Contractor arising from Claim against Subcontractor Performance Bond

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    Sometimes a Reminder is in Order. . .

    Colorado Supreme Court Grants the Petition for Writ of Certiorari in Vallagio v. Metropolitan Homes
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    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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    Cambridge, Massachusetts

    Cold Stress Safety and Protection

    February 27, 2023 —
    The best time to think about cold stress safety isn’t when it’s about to snow – it’s actually when it’s still warm out. “Construction firms and other businesses may start to think about protecting workers against the cold when frigid temperatures and the winter are right around the corner. But we’ve found that oftentimes, that may be too late to start thinking about cold stress prevention,” said Chris O’Hala, director of construction Risk Engineering at The Hartford. “Thinking about cold protection months ahead can prevent serious injuries, illnesses or even death.” O’Hala added that possible solutions for cold-related risks, like planning for temporary heat or building temporary enclosures, “require very specific planning, equipment and materials.” Read the court decision
    Read the full story...
    Reprinted courtesy of The Hartford Staff, The Hartford Insights

    Administration Seeks To Build New FBI HQ on Current D.C. Site

    February 28, 2018 —
    A Senate committee plans to examine a new $3.3-billion Trump administration proposal to demolish the Federal Bureau of Investigation's worn, outmoded headquarters in downtown Washington, D.C., and construct a new facility on that site. Read the court decision
    Read the full story...
    Reprinted courtesy of Tom Ichniowski, Engineering News-Record
    Mr. Ichniowski may be contacted at ichniowskit@enr.com

    2020s Most Read Construction Law Articles

    January 25, 2021 —
    2020 was . . . well . . . well it was memorable. Among many other things, construction was recognized as essential and ConsensusDocs published industry firsts in addressing prefabricated construction and lean for design-build, as well as 8 comprehensively revised performance and payment bonds. We also saw unprecedented readership of our construction law newsletter. As we celebrate the end of 2020 and wish you a happy new year, we continue a new a tradition of recognizing the below most read construction law articles of the year. The ConsensusDocs Team. 5. Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World? By: Jamey B. Collidge Associate, Troutman Pepper. 4. The Designer’s Pre-bid Standard Of Care In A Design-Build Project By: Joshua A. Morehouse Associate, Peckar & Abramson P.C. Read the court decision
    Read the full story...
    Reprinted courtesy of

    The Year 2010 In Review: Design And Construction Defects Litigation

    February 25, 2011 —

    This article is the first in a series summarizing construction law developments for 2010

    1. Centex Homes v. Financial Pacific Life Insurance Co., 2010 U.S. Dist. LEXIS 1995 (E.D. Cal. 2010)

    After settling numerous homeowners’ construction defect claims — and more than ten years after the homes were substantially completed — a home developer brought suit against one of the concrete fabrication subcontractors for the development seeking indemnity for amounts paid to the homeowners, as well as for damages for breach of the subcontractor’s duties to procure specific insurance and to defend the developer against the homeowners’ claims. The subcontractor brought a motion for summary adjudication on the ground the developer’s claims were barred by the ten year statute of repose contained in Code of Civil Procedure Section 337.15.

    The District Court agreed the developer’s claim for indemnity was barred by Section 337.15. And it held that because the damages recoverable for breach of the subcontractor’s duty to purchase insurance are identical to the damages recoverable through the developer’s indemnity claim, the breach of duty to procure insurance claim also was time-barred. The District Court, however, allowed the claim for breach of the duty to defend to proceed. The categories of losses associated with such a claim (attorneys’ fees and other defense costs) are distinct from the damages recoverable through claims governed by Section 337.15 (latent deficiency in the design and construction of the homes and injury to property arising out of the latent deficiencies).

    2. UDC — Universal Development v. CH2M Hill, 181 Cal. App. 4th 10 (6th Dist. Jan. 2010)

    Indemnification clauses in construction agreements often state that one party to the agreement — the “indemnitor” — will defend and indemnify the other party from particular types of claims. Of course, having a contract right to a defense is not the same as actually receiving a defense. Any indemnitor attempting to avoid paying for defense costs can simply deny the tender of defense with the hope that when the underlying claim is resolved the defense obligations will be forgotten. In the past, when parties entitled to a defense — the “indemnitees” — had long memories and pressed to recover defense costs, indemnitors attempted to justify denying the tender by claiming their defense obligations coincided with their indemnity obligations and neither arose until a final determination was made that the underlying claim was one for which indemnity was owed.

    Read the full story...

    Reprinted courtesy of Candace Matson, Harold Hamersmith, and Helen Lauderdale, Sheppard Mullin Richter & Hampton LLP. Ms. Matson can be contacted at cmatson@sheppardmullin.com, Mr. Hamersmith can be contacted at hhamersmith@sheppardmullin.com, and Ms. Lauderdale can be contacted at hlauderdale@sheppardmullin.com.

    Read the court decision
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    Reprinted courtesy of

    First-Time Buyers Shut Out of Expanding U.S. Home Supply

    August 13, 2014 —
    The four-bedroom house that Ilia Nielsen-Dembe purchased in west Denver earlier this year wasn’t her top choice. The first-time buyer had to settle on a home in a neighborhood with a high crime rate after losing out on bids for five properties in more desirable areas. “I definitely sacrificed in terms of location,” said Nielsen-Dembe, 33, who lives with her husband and two daughters in the house she bought in April for $184,500. “I had to cross streets that were not ideal in order to get a house.” While the supply of U.S. homes for sale is at an almost two-year high and price gains are moderating, buyers such as Nielsen-Dembe wouldn’t know it. An inventory crunch for entry-level houses has only worsened during the past year as discounted foreclosures become scarce and cash-paying investors snap up affordable listings to convert to rentals. Properties at the lower end of the market are also the most likely to have underwater mortgages, keeping would-be sellers from moving. Read the court decision
    Read the full story...
    Reprinted courtesy of Prashant Gopal, Bloomberg
    Mr. Gopal may be contacted at pgopal2@bloomberg.net

    Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

    January 02, 2024 —
    The Appellate Court of Maryland issued a reported opinion in a case construing an American Institute of Architects (“AIA”) A312 performance bond. In Wildewood Operating Company, LLC v. WRV Holdings, LLC, et al. 2023 Md. App. LEXIS 720 (Oct. 30, 2023), the Appellate Court of Maryland held that a performance bond surety was discharged from liability where the owner/obligee failed to give the surety notice of the contractor’s default termination until after a third party had completed the work. The project concerned the construction of an assisted living facility in St. Mary’s County, Maryland. The owner, Wildewood Operating Company, LLC, entered into an A312-2010 performance bond with Clark Turner Construction, LLC, as contractor, and First Indemnity of America Insurance Company, as surety. When Clark Turner failed to complete certain stormwater management work adjacent to the site, Wildewood, Clark Turner, and other parties entered into a Work Agreement to address completion of the work. The surety was not a party to the Work Agreement. Read the court decision
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    Reprinted courtesy of Joel P. Williams, White and Williams LLP
    Mr. Williams may be contacted at williamsj@whiteandwilliams.com

    Distressed Home Sales Shrinking

    October 22, 2014 —
    According to Molly Boesel in CoreLogic, “Distressed sales (REO and short sales) accounted for 11.2 percent of total home sales in August 2014, the lowest share since December 2007 and a strong improvement from the same time a year ago when this category made up 15 percent of total sales.” Michigan had the largest amount of distressed sales, with 25.5 percent in August, while California “saw the largest improvement from peak distressed sales share of any state, falling 55.3 percent from the January 2009 peak share of 67.4 percent.” Read the court decision
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    Reprinted courtesy of

    Back to Basics – Differing Site Conditions

    December 19, 2018 —
    Encountering an unexpected site condition is one of the more common risks on a construction project. A “differing site condition”, or it is sometimes called a “changed condition”, is generally understood to be a physical condition that is discovered while performing work and that was not visible or otherwise expected at the time of bidding. Often, the condition could not have been discovered by a reasonable site investigation. Examples of common differing site conditions include: soil with inadequate bearing capacity to support the building being constructed, soil that cannot be reused as structural fill, unanticipated groundwater, quicksand, mud, rock formations, or other artificial subsurface obstructions. Differing site conditions may also occur within the walls or ceilings of a renovation project such as the renovation of a hospital or historic building. Read the court decision
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    Reprinted courtesy of Tracey W. Pruiett, Smith Currie
    Ms. Pruiett may be contacted at twpruiett@smithcurrie.com