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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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    Local # 2220
    700 Congress St. Suite 202
    Quincy, MA 02169

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    North East Builders Assn of MA
    Local # 2255
    170 Main St Suite 205
    Tewksbury, MA 01876

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    Local # 2270
    240 Cadwell Dr
    Springfield, MA 01104

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    Bristol-Norfolk Home Builders Association
    Local # 2211
    65 Neponset Ave Ste 3
    Foxboro, MA 02035

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    9 New Venture Dr #7
    South Dennis, MA 02660

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    Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part

    Unit Owners Have No Standing to Sue under Condominium Association’s Policy

    2018 California Construction Law Update

    Millennium’s Englander Buys $71.3 Million Manhattan Co-Op

    New Becker & Poliakoff Attorney to Expand Morristown Construction Litigation Practice

    New York Court Discusses Evidentiary Standards for Policy Rescission Based on Material Misrepresentation

    Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside

    Greystone on Remand Denies Insurer's Motion for Summary Judgment To Bar Coverage For Construction Defects

    Angela Cooner Appointed Vice-Chair of Arizona’s Inaugural Board of Legal Specialization Construction Defect Law Advisory Commission

    AB 3018: Amendments to the Skilled and Trained Workforce Requirements on California Public Projects

    CSLB Releases New Forms and Announces New Fees!

    Pollution Created by Business Does Not Deprive Insured of Coverage

    Federal Judge Rips Shady Procurement Practices at DRPA

    Contractor Sues Yelp Reviewer for Defamation

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

    Congratulations to Partner Vik Nagpal on his Nomination for West Coast Casualty’s Jerrold S. Oliver Award of Excellence!

    Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court

    Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof

    New York Appellate Court Expands Policyholders’ Ability to Plead and Seek Consequential Damages

    Connecticut Supreme Court Finds Faulty Work By Subcontractor Constitutes "Occurrence"

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    California Limits Indemnification Obligations of Design Professionals

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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
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    The Cambridge, Massachusetts Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Cambridge's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

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    Home Sales Going to Investors in Daytona Beach Area

    December 11, 2013 —
    Houses are selling quickly in the Daytona Beach, Florida area, but many of the buyers are investors who are buying up homes in hopes of selling them several years later. Maryke Guild, a real estate agent said that “in three, four years’ time, when the market has been resaturated, those guys are going to sell at a profit, there’s no doubt.” But while the housing market is good news for investors, it’s actually bad news for homebuilders. “Flips are not what’s going to sustain the market,” said John Adams the general manager of the Adams, Cameron & Co., a Daytona-area real estate firm. Contractors are building new homes in the Daytona area, but the number of homes built in Volusia County in 2013 is a little more than a fifth of what was built in 2005. In adjacent Flagler County, homebuilding is at less than a tenth of what it was in 2004. Read the court decision
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    Reprinted courtesy of

    The G2G Year in Review: 2019

    February 03, 2020 —
    As we kick off the new decade, we wanted to share the top five most-read articles of 2019 from Gravel2Gavel. The most-read blog posts covered 2019 real estate and construction industry trends ranging from affordable housing to the new State Bill 35 (SB 35) to sustainability in modern real estate. Our posts provided deep insight and detailed case studies, and summarized hot topics that addressed the legal implications and exciting disruptions that are affecting the industry. We hope you enjoy the roundup:
    1. Assessing SB 35—Success or Failure? by Robert Howard, Alexander Walker and Matt Olhausen Robert, Alex and Matt examined the newly implemented SB 35 and highlighted real examples of SB 35 in action.
    2. Update Your California Release Provisions to Include Amended Section 1542 Language by William S. Hale, P.E. Bill Hale encouraged readers to update their California release provisions to include Amended Section 1542 Language, which ensures that the releasing party is consciously releasing both known and unknown claims that may be later discovered.
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Meet the Hipster Real Estate Developers Building for Millennials

    October 02, 2015 —
    John Chaffetz is showing off an apartment building that his development firm, Timberlane Partners, just bought for $7.2 million. He admits it doesn’t look so hot. “This has been treated like a prison camp,” he says of the 32-unit building in Los Angeles’s Echo Park neighborhood. Steel bars stick out of a cinder-block fence, threatening to impale someone. The front door is an ugly metal gate. But an organic supermarket opened around the corner in November, and a Blue Bottle Coffee just arrived down the block. There’s a farmers market nearby each Friday, and five minutes up Sunset Boulevard is the Silver Lake neighborhood, a nest of hipster cafes and places to buy rare cheese and handmade clothes. Timberlane plans to tear down the building’s security fencing, put terracotta back on the roof, and repair windows that date to its pre-1930 construction. “The goal,” Chaffetz says, “is for this to look like a Moroccan boutique hotel.” Read the court decision
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    Reprinted courtesy of Ben Steverman, Bloomberg

    The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

    November 21, 2017 —
    Originally published by CDJ on June 15, 2017 Since 2008 when the California legislature limited subcontractor indemnity obligations, the design professional community has been shouting “what about us?” Well, the legislature finally responded and a new law that limits design professional’s defense and indemnity obligations to their percentage of fault goes into effect on January 1, 2018. THE NEW LAW – SB 496 SB 496 amends California Civil Code section 2782.8 and states that indemnity agreements must be limited to the negligence, recklessness or willful misconduct of the indemnitee (i.e. no more Type I indemnity with design professionals). The amendment also provides that “in no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault”, with a limited opportunity for reallocation in the event another defendant is judgment proof. However, the duty to defend still remains and still arises at the time of the tender of the defense (both issues that were unsuccessfully targeted by the design professional lobbyists). Reprinted courtesy of Mark Himmelstein, Newmeyer & Dillion LLP and Jenny Guzman, Newmeyer & Dillion LLP Mr. Price may be contacted at mark.himmelstein@ndlf.com Ms. Zucker may be contacted at jenny.guzman@ndlf.com Read the court decision
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    Reprinted courtesy of

    Preliminary Notices: Common Avoidable But Fatal Mistakes

    August 26, 2019 —
    In the California building and construction industry, service of a “Preliminary Notice” is a prerequisite for Subcontractor and Supplier claims for payment through the Mechanics Lien, Stop Payment Notice and Payment Bond Claim process. Without proper drafting and service of a Preliminary Notice, these extremely valuable claims cannot be protected. Unfortunately, despite the vital importance of the Preliminary Notice, Subcontractors and Suppliers often make common self-defeating mistakes that make their Preliminary Notice efforts completely ineffective, resulting in loss of their claims rights. The purpose of this article is to list some of these common mistakes in the hope that the reader will avoid such mistakes, preserve the integrity of the Preliminary Notice, and protect the claims rights it makes available: Not Sending out the Preliminary Notice Within 20 Days After Supplying Labor or Materials: The protection of a Preliminary Notice begins 20 days before it sent out. This means that if a Subcontractor or Supplier claimant delivered $100,000 in materials on February 1, that same claimant must serve the Preliminary Notice on or before February 21 (the sooner the better), or the claimant will not be able to pursue an enforceable Mechanics Lien, Stop Payment Notice or Payment Bond claim for that $100,000. There are very few exceptions. Best practice: A Subcontractor or Supplier must send out the Preliminary Notice as soon as an agreement to provide work or materials to a California construction project is in place (See California Civil Code 8204). 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

    Owner Bankruptcy: What’s a Contractor to Do?

    February 28, 2018 —
    Bankruptcy of the owner or developer of a real estate construction project can be very unsettling to contractors. But a declaration of bankruptcy by the developer, in and of itself, does not constitute a breach of contract such that the contractor can stop working. Contract provisions providing that the contract is terminated if a party becomes insolvent or files for bankruptcy are generally unenforceable. Partially-performed construction contracts are executory contracts, meaning that the obligations of the parties to the contract have not yet been fully performed. The Bankruptcy Code allows a bankruptcy trustee (in a Chapter 7 dissolution case) or the debtor-in-possession (in a Chapter 11 reorganization case) either to assume or to reject an executory contract. A debtor-in-possession has until the time of the confirmation of its plan of reorganization to decide if it will assume or reject the contract. The contractor may ask the bankruptcy court to require the debtor-in-possession to make a decision on the contract sooner, but the court will most likely give the debtor-in-possession a fair amount of time to make the decision. Reprinted courtesy of Troy R. Covington and Stephen M. Parham, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Covington may be contacted at sparham@bloomparham.com Mr. Parham may be contacted at tcovington@bloom-law.com Read the court decision
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    Reprinted courtesy of

    COVID-19 Damages and Time Recovery: Contract Checklist and Analysis

    April 27, 2020 —
    This Alert explores the contract provisions and related rights that are likely to govern time and compensation adjustments for COVID-19 impacts. As parties begin analyzing such rights, this is intended to serve as a useful guide and checklist. Analysis of relevant contract provisions should start with careful consideration of the specific impacts that have been experienced and the causes of those impacts. The nature of the impact (delay, extra work, disruption, etc.) and the causes of such impacts (owner direction, government order, etc.) will generally govern the analysis and resulting course of action. Listing or creating a matrix of impacts and their causes may be an effective working tool. Essentially, there are five primary impacts that will likely require critical analysis under the relevant contract provisions, and notably, more than one impact may be present: a) complete or partial suspension of work, b) additional work or requirements, c) added cost, d) delay, and e) disruption. Read the court decision
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    Reprinted courtesy of Patrick J. Greene, Jr., Peckar & Abramson
    Mr. Greene may be contacted at pgreene@pecklaw.com

    Housing Starts in U.S. Drop to Lowest Level in Three Months

    February 23, 2016 —
    New-home construction in the U.S. unexpectedly cooled in January, indicating there is a limit to how much gains in residential real estate will boost growth at the start of 2016. Housing starts dropped 3.8 percent to a 1.1 million annualized rate, the weakest in three months, from a 1.14 million pace the prior month, a Commerce Department report showed Wednesday in Washington. The median forecast of 76 economists surveyed by Bloomberg was 1.17 million. Permits, a proxy for future construction, were little changed. Read the court decision
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    Reprinted courtesy of Michelle Jamrisko, Bloomberg