CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
DIRECTORY AND CAPABILITIES

How SmartThings Wants to Automate Your Home

July 02, 2014 — Beverley BevenFlorez-CDJ STAFF
SmartThings, a U.S. start-up company, “has built a first-of-its-kind platform that allows the objects in your home–doors, locks, lightbulbs, even sprinkler systems–to talk to one another and prioritize your needs,” according to Time. The only requirements are a smartphone and a $200 starter kit. Alex Hawkinson created SmartThings after he returned from a family vacation and discovered that pipes had burst, resulting in a $100,000 repair bill: “How is it possible that someone hasn’t created something I could plug in that would alert me when something went wrong?” Hawkinson commented to Time. SmartThings got its start through Kickstarter (Ashton Kutcher was one of the investors), but is now a General Electric partner. Time reported that there are “legitimate fears of cybercriminals commandeering your smart locks and cameras [that] have made people wary of making their homes potentially hackable.” Hawkinson stated that SmartThings has hired “white-hat hackers to continuously probe SmartThings’ technology and pinpoint vulnerabilities that must be fixed.” “We’re at the outset of this wave where … your home can give you security, peace of mind and more,” Hawkinson told Time. “Eventually, everything that should be connected will be connected.” Read the court decision
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Delay Leads to Problems with Construction Defects

November 27, 2013 — CDJ STAFF
The Bardwells bought a new home in the Philadelphia area in 2000. Now, thirteen years later they’ve learned that their house has been slowly rotting away due to moisture trapped beneath the stucco. And they’re not alone. The O’Days bought a home for about $1 million, and it now needs about $200,000 in repairs. All the stucco has been removed and their home is being rebuilt. Monica Bardwell said that “everything was rotted,” and “there was not a piece of good wood to be salvaged.” Other area homeowners are finding similar problems. Wendy Meyer had her home inspected by Kevin Thompson. Mr. Thompson said, “I shouldn’t be able to take a piece of plywood like that and crush it in my hands completely disintegrated.” Mr. Thompson described it as due to “faulty construction,” which he estimated accounted for such damage “95 percent of the time.” The Pennsylvania Builders Association says that diligent homeowners can head off problems with maintenance. “Make sure water isn’t continually on the outside of the stucco,” said Brent Sailhamer of the PBA. “Make sure there are no large cracks where water can seep behind the stucco.” For those who bought their homes as far back as the Bardwells, it’s already too late to sue anyone. Pennsylvania construction defect law allows 12 years for lawsuits. Read the court decision
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Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances Existed at Purchase

October 19, 2017 — Nick Wood, Adam Lang, Noel Griemsmann, & Brianna Long – Snell & Wilmer Real Estate Litigation Blog
In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of Adjustment acted beyond its authority when it granted an area variance to a pawn shop where the special circumstances causing a need for the variance existed before the pawn shop purchased the property. Under Arizona law, boards of adjustment cannot grant an area variance where the special circumstances requiring the variance are self-imposed. The Court of Appeals adopted a rule that knowledge of special circumstances at the time of purchase made the special circumstances self-imposed, foreclosing the purchaser’s ability to obtain a variance. This rule would have severely restricted property purchasers’ ability to obtain area variances in Arizona and by extension likely strained property transactions. The underlying case involved a pawn shop that was proposed in southeast Phoenix. After the property purchaser obtained approval for a required use permit (for a pawn shop) and a variance (for a 500 foot residential setback) from the City of Phoenix Board of Adjustment, a competing pawn shop filed a special action arguing that the variance was a use variance, not an area variance, beyond the board of adjustment’s authority. Reprinted courtesy of Snell & Wilmer attorneys Nick Wood, Adam Lang, Noel Griemsmann and Brianna Long Mr. Wood may be contacted at nwood@swlaw.com Mr. Lang may be contacted at alang@swlaw.com Mr. Noel may be contacted at ngriemsmann@swlaw.com Ms. Brianna may be contacted at bllong@swlaw.com Read the court decision
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Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

August 12, 2013 — W. Berkeley Mann, Jr. - Higgins, Hopkins, McLain & Roswelll, LLC
The Colorado Court of Appeals has decided a case which answers a question long in need of an answer: do banks/lenders have standing to assert construction defect claims when they receive title to a newly-constructed home following a foreclosure sale or deed-in-lieu of foreclosure? The decision was released on August 1, 2013, in the case of Mid Valley Real Estate Solutions V, LLC v. Hepworth-Pawlack Geotechnical, Inc., Steve Pawlak, Daniel Hadin, and S K Peightal Engineers, Ltd. (Colorado Court of Appeals No. 13CA0519). The background facts of the case are typical of a Colorado residential construction defect case generally. A developer contracted for an analytical soil engineering report from a geotechnical engineering firm (H-P) which made a foundation recommendation. The developer’s general contractor then retained an engineering firm (SPKE) to provide engineering services, including a foundation design. The general contractor built the foundation in accordance with the H-P and SPKE criteria and plans. The house was not sold by the developer and went into default on the construction loan. These events resulted in a deed-in-lieu of foreclosure to a bank-controlled entity which purchased the house for re-sale. Shortly after receiving the developer’s deed, the bank-related entity discovered defects in the foundation that resulted in a construction defect suit against the two design firms and related individuals. Read the court decision
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Reprinted courtesy of W. Berkeley Mann, Jr.
W. Berkeley Mann, Jr. can be contacted at mann@hhmrlaw.com

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Payment Bond Claim Notice Requires More than Mailing

June 18, 2019 — Christopher G. Hill - Construction Law Musings
It’s been a while since I posted something new relating to Virginia’s “Little Miller Act” and its various notice requirements for a subcontractor to make a payment bond claim. I have posted on the basics of a Virginia payment bond claim previously here at Musings. One of these basics is the 90 day notice requirement for suppliers or second tier subcontractors with no direct contractual relationship to the general contractor. A recent case from the Norfolk, Virginia Circuit Court examined when notice is “given” under the Little Miller Act. In R T Atkinson Building Corp v Archer Western Construction, LLC the Court looked at the question of whether mailing of the notice of claim is enough to constitute notice being “given” in a manner that would satisfy the statutory requirements. In that case, the supplier mailed the notice within the 90 day window, but the defendant argued on summary judgment that it did not receive the notice until 2 days after the 90 day window had closed. In support of this contention, the defendant provided tracking information showing delivery by the USPS on the non-compliant date. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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John O’Meara is Selected as America’s Top 100 Civil Defense Litigators

December 02, 2019 — John O'Meara - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partner John V. O’Meara has been selected as a member of America’s Top 100 Civil Defense Litigators. This invitation resulted from a national selection process and is intended to honor the best defense attorneys in the Country. Mr. O’Meara was selected to join a group of lawyers which include past and current state bar presidents, national ABOTA Presidents, ABOTA Masters in Trial and International Academy of Trial Lawyer presidents. Read the court decision
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Reprinted courtesy of John O'Meara, Bremer Whyte Brown & O'Meara, LLP
Mr. O'Meara may be contacted at jomeara@bremerwhyte.com

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Texas Law Bars Coverage under Homeowner’s Policy for Mold Damage

July 13, 2011 — Tred R. Eyerly - Insurance Law Hawaii

Although the insurer paid for some of the mold damage at the insured’s home, the Fifth Circuit eventually determined the homeowner’s policy did not cover such damage. Rooters v. State Farm Lloyds, 2011 U.S. App. LEXIS 12306 (5th Cir. June 15, 2011).



The policy excluded loss caused by hail to personal property unless the direct force of wind or hail made an opening in the roof allowing rain to enter. Further, the policy excluded loss caused by mold or other fungi.



In 1999, hail and rain caused water damage to the roof and interior of the residence. State Farm paid $19,000 to repair the roof. Another $1,800 was paid for repairs to the interior of the building. In 2002, the insured noticed black mold. State Farm issued an additional check for $4,402 for mold abatement.



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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Contractor Prevails in Part Against CalOSHA in Valley Fever Case

February 26, 2024 — Garret Murai - California Construction Law Blog
Fever. Specifically, Valley fever. Caused by the fungus Coccidioides. It lives in the top two to 12 inches of soil, can become airborne when the soil is exposed, and can cause respiratory illness and even death. And apparently, it is present in many parts of California particularly in the Central Valley and along the coast. Who knew? In Granite Construction Company v. Occupational Safety and Health Appeals Board, Case No. C086704 (2023), contractor Granite Construction was cited by CalOSHA for exposing its employees to Coccidioides at a large solar power plant known as California Flats Solar Project in Monterey California. The 3rd District Court of Appeal reversed in part. It should be noted that this case originally unpublished, it was then published, and then later depublished, so it should not be relied on for precedential value. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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