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    Massachusetts Builders Right To Repair Current Law Summary:

    Current Law Summary: Case law precedent


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    No state license required for general contracting. Licensure required for plumbing and electrical trades. Companies selling home repair services must be registered with the state.


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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

    Cambridge Massachusetts Building Expert 10/ 10

    Builders Association of Greater Boston
    Local # 2220
    700 Congress St. Suite 202
    Quincy, MA 02169

    Cambridge Massachusetts Building Expert 10/ 10

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

    Cambridge Massachusetts Building Expert 10/ 10

    Home Builders and Remodelers Association of Western Mass
    Local # 2270
    240 Cadwell Dr
    Springfield, MA 01104

    Cambridge Massachusetts Building Expert 10/ 10

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

    Cambridge Massachusetts Building Expert 10/ 10

    Home Builders & Remodelers Association of Cape Cod
    Local # 2230
    9 New Venture Dr #7
    South Dennis, MA 02660

    Cambridge Massachusetts Building Expert 10/ 10


    Building Expert News and Information
    For Cambridge Massachusetts


    Designing a Fair Standard of Care in Design Agreements

    Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage

    Homebuilder Predictions for Tallahassee

    Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice

    Can a Contractor be Liable to Second Buyers of Homes for Construction Defects?

    No Interlocutory Appeals of "Garden-Variety" Contract Disputes

    Eleven WSHB Lawyers Honored on List of 2016 Rising Stars

    Yet ANOTHER Reason not to Contract without a License

    Appraisers’ Failure to Perform Assessment of Property’s Existence or Damage is Reversible Error

    Protecting Your Business From Liability Claims Stemming From COVID-19 Exposure

    Construction Demand Unsteady, Gains in Some Regions

    Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

    Florida Project Could Help Address Runoff, Algae Blooms

    Application of Efficient Proximate Cause Doctrine Supports Coverage

    Traub Lieberman Partner Eric D. Suben and Associate Laura Puhala Win Summary Judgment in Favor of Insurer, Determining it has No Duty to Defend

    First Suit Filed for Losses Caused by COVID-19

    Prevent Costly Curb Box Damage Due on New Construction Projects

    What You Need to Know About Additional Insured Endorsements

    No Coverage for Homeowner Named as Borrower in Policy but Not as Insured

    Alabama Supreme Court States Faulty Workmanship can be an Occurrence

    HOA Coalition Statement on Construction-Defects Transparency Legislation

    Two-Part Series on Condominium Construction Defect Issues

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    General Contractor’s Excess Insurer Denied Equitable Contribution From Subcontractor’s Excess Insurer

    Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub

    ConsensusDOCS Updates its Forms

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    Construction Slow to Begin in Superstorm Sandy Cases

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    Contractors Liable For Their Subcontractor’s Failure To Pay Its Employees’ Wages And Benefits

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    California Indemnity and Defense Construction Law Changes for 2013

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    Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

    Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

    Disjointed Proof of Loss Sufficient

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    How Helsinki Airport Uses BIM to Create the Best Customer Experience

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    Water Intrusion Judged Not Related to Construction

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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    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.

    Building Expert News & Info
    Cambridge, Massachusetts

    Nomos LLP Partner Garret Murai Recognized by Super Lawyers

    August 03, 2022 —
    Nomos LLP Partner Garret Murai has been recognized as a 2022 Northern California Super Lawyers honoree in the area of Construction Litigation. This is the ninth consecutive year that he has been recognized by Super Lawyers. Super Lawyers, an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and personal achievement, is limited to no more than five percent (5%) of lawyers in a state who are selected through a multiphase process that includes a statewide survey of lawyers, independent research evaluation and peer reviews by practice area. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Spa High-Rise Residents Frustrated by Construction Defects

    February 07, 2013 —
    Is this part of the spa treatment? A couple has sued over problems at Miraval Living, a luxury high-rise on the East Side of Manhattan. There was supposed to be ballroom dancing, culinary classes, and yoga. Anthony Argyrides's lawsuit notes that those didn't materialize. What they did get, he claims, was faulty plumbing, crumbling fixtures, and defective floor tiles. Mr. Argyrides claims that his front door "spontaneously fell of its hinges and nearly hit FiOS installation workers." Meanwhile, building management has ended their agreement with Miraval and need to find someone else to operate the building's spa. Argyrides and his fellow building residents might need something more than a few deep calming breaths. He's suing for $5.5 million. Read the court decision
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    Reprinted courtesy of

    A New Way to Design in 3D – Interview with Pouria Kay of Grib

    August 24, 2017 —
    In this podcast interview with Pouria Kay, CEO and Co-founder at Grib, we talk about the startup’s new, intuitive 3D design tool. Grib® is a cloud–based software that turns a mobile device into a universal controller. With Grib, both young and professional designers can sketch complex objects without first having to learn cumbersome 3D software. You work intuitively in actual 3D space and interact with your environment using augmented reality. All you need is pen, paper, and your mobile device. You can share models with friends, order a print, or export them if needed. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at info@aepartners.fi

    New Executive Orders Expedite the Need for Contractors to Go Green

    August 22, 2022 —
    The importance of going green just became even more crucial for small construction companies, as President Joe Biden signed three executive orders on June 6, 2022, aimed at boosting clean energy construction projects and the use of domestically manufactured clean energy technology. Specifically, the orders require the U.S. Department of Energy to deploy the use of the Defense Production Act of 1950 to expand American manufacturing of solar panel parts, environmentally friendly building insulation, heat pumps, equipment for making clean power-generating fuels and critical power grid infrastructure. Federal construction contracts will also require local contractors to use eco-friendly materials. According to an announcement from the White House, the order will encourage the use of project labor agreements that offer wages “above and beyond the prevailing rate and include local hire provisions.” The order will also encourage clean construction projects in low-income areas burdened by legacy pollution. Reprinted courtesy of Vince Calio, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    San Diego: Compromise Reached in Fee Increases for Affordable Housing

    October 01, 2014 —
    A San Diego City Council committee has forwarded a revised plan to increase affordable housing in the city, which reduces the linkage fees increases, reported the U-T San Diego. The first proposal would have increased linkage fees by five times, while this new plan doubles current fees. The Times of San Diego reported that “[t]he fee had been halved in 1996 as an economic stimulus and was supposed to be reviewed annually, but wasn't.” However, Andrea Tevlin, the city of San Diego’s Independent Budget Analyst, estimated that “costs on developers would have jumped 400 percent to more than 700 percent, depending on the type of project.” The new proposal also contains exemptions for “developers of manufacturing facilities, warehouses and nonprofit hospitals from paying any fees at all,” according to U-T San Diego. “Developers of research and science-related projects would still have to pay fees, but they would be exempt from the proposed increase.” However, not everyone is satisfied by the compromise. “While the November 2013 proposal went too far, this new proposal doesn’t go far enough,” Tevlin told U-T San Diego. The vote had been deadlocked, 2-2, but will be forwarded to the main council because Republican Lori Zapf, committee chair, could break the tie. The new plan “created jointly by the San Diego Housing Commission and a group of business leaders called the Jobs Coalition, would increase the linkage fees’ annual yield from $2.2 million to an estimated $3.7 million and allow construction of 37 affordable housing units per year instead of 22,” U-T San Diego reported. Read the full story, U-T San Diego... Read the full story, Times of San Diego... Read the court decision
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    Reprinted courtesy of

    You Don’t Have To Be a Consumer to Assert a FDUTPA Claim

    February 22, 2018 —
    A few years ago, the Fourth District Court of Florida rendered an opinion in Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., 169 So.3d 164 (Fla. 4th DCA 2015) regarding Florida’s Deceptive and Unfair Trade Practices Act (referred as to “FDUTPA”) (Florida Statute s. 501.201et seq.). This case held that a party can assert a FDUTPA claim even though the party is NOT a consumer. The party still has to prove there was an injury to consumers in filing such claim, but again, the party can bring the claim even though it is NOT a consumer. Caribbean Cruise Line, 169 So.3d at 169 (“[W]hile the claimant would have to prove that there was an injury or detriment to consumers in order to satisfy all of the elements of a FDUTPA claim, the claimant does not have to be a consumer to bring the claim.”).See also Cemex Construction Materials Florida, LLC v. Armstrong World Industries, Inc., 2018 WL 905752, *15 (M.D.Fla 2018) (relying on Caribbean Cruise Line to find that even though the plaintiff does not need to be a consumer, the plaintiff still must prove an injury to consumers to satisfy elements of a FDUTPA claim). Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com

    Lewis Brisbois Appellate Team Scores Major Victory in Bad Faith Insurance Action

    May 24, 2021 —
    Appellate Partner Raul L. Martinez and Los Angeles Partners Elise D. Klein and Celia Moutes-Lee recently secured a major win in an appeal of a bad faith insurance action. In Wexler v. California Fair Plan Association (Apr. 14, 2021, B303100) __Cal.App.5th__, Division Eight of the Second Appellate District (Los Angeles), the court held that the plaintiff, the daughter of insurance policy holders, had no standing to pursue bad faith allegations against her parents’ insurer for smoke damage to her personal possessions. The daughter’s parents owned a home in the mountains where there was a heightened risk of fires. The parents insured their home with a California FAIR Plan Association (FAIR Plan) owner-occupied dwelling policy (the FAIR Plan Policy). The FAIR Plan Policy only insured the dwelling and its contents against damage from fire, lightning, and internal explosion with limited coverage for smoke damage. The FAIR Plan Policy also expressly disclaimed coverage for individuals not specifically named in the policy. Furthermore, the plaintiff’s name did not appear in any of her parents’ insurance documents. Reprinted courtesy of Raul Martinez, Lewis Brisbois and Elise Klein, Lewis Brisbois Mr. Martinez may be contacted at Raul.Martinez@lewisbrisbois.com Ms. Klein may be contacted at Elise.Klein@lewisbrisbois.com Read the court decision
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    Reprinted courtesy of

    Does Stricter Decertification Mean More “Leedigation?”

    August 04, 2015 —
    Recently, my friend and fellow construction attorney/consultant, Chris Cheatham (@chrischeatham) posted the news that USGBC will be more stringent on the de-certification front. This statement relates to the continued energy performance of LEED certified buildings and increases the likelihood that energy performance (as opposed to mere reporting) could lead to de-certification. I have discussed on several occasions the potential legal risks relating to green building. One of the big potential sources for such litigation (or “leedigation” as coined by Mr. Cheatham) is the possible de-certification of a previously certified building. With this latest statement by USGBC the specter of such de-certification seems even stronger. Couple this potential with the fact that anyone can challenge the certification of a building at any time and contractors, subcontractors and other construction professionals face potential liability for the performance of a building in ways well beyond their control. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com