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    Massachusetts Builders Right To Repair Current Law Summary:

    Current Law Summary: Case law precedent


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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


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    Nondelegable Duties

    Five Haight Attorneys Selected for Best Lawyers in America© 2021

    Miller Act Statute of Limitations and Equitable Tolling

    General Contractor/Developer May Not Rely on the Homeowner Protection Act to Avoid a Waiver of Consequential Damages in an AIA Contract

    FIFA Inspecting Brazil’s World Cup Stadiums

    Doctrine of Avoidable Consequences as Affirmative Defense

    Wonder How 2021 May Differ From 2020? Federal Data Privacy May Be Enacted - Be Prepared

    Burden of Proof Under All-Risk Property Insurance Policy

    Dorian Lashes East Canada, Then Weakens Heading Out to Sea

    Engineers Found ‘Hundreds’ of Cracks in California Bridge

    Solar Power Inc. to Build 30-Megawatt Project in Inner Mongolia

    Eleven Newmeyer Dillion Attorneys Named to 2023 U.S. News Best Lawyers in Multiple Practice Areas

    Suing a Local Government in Land Use Cases – Part 2 – Procedural Due Process

    What I Love and Hate About Updating My Contracts From an Owners’ Perspective

    Mandatory Energy Benchmarking is On Its Way

    Illinois Court Addresses Rip-And-Tear Coverage And Existence Of An “Occurrence” In Defective Product Suit

    Another Reminder that Your Construction Contract Language Matters

    DIR Reminds Public Works Contractors to Renew Registrations Before January 1, 2016 to Avoid Hefty Penalty

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    With Trump's Tariff Talk, Time to Negotiate for Escalation Clauses in Construction Contracts

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    Insurer's Attempt to Strike Experts in Collapse Case Fails

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    New Home for the Aged Suffers Construction Defects

    Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts

    Real Estate & Construction News Round-Up (08/10/22)

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    Issuing Judgment After Confirmation of Appraisal Award Overturned

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    Corporate Profile

    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. Leveraging 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

    Lessons Learned from Implementing Infrastructure BIM in Helsinki

    February 07, 2018 —
    Finland’s capital is currently experiencing a construction boom. Old industrial citadels are turning into residential areas with new commercial centers. Consequently, Helsinki needs to build new infrastructure. To improve the efficiency and quality of infrastructure construction, the city has started using BIM, and is now learning how to get the most value from it. Ville Alajoki, Team Leader in Helsinki’s Urban Development Division, is a keen proponent of BIM. “Infrastructure construction is still in its early stages when it comes to using BIM. For the most part, BIM implementation has not been systematic in our city yet. We tend to use it in our own structural design and often in building construction. However, in infrastructure project management, its active individuals who have set the pace,” Ville admits. He believes that the city’s strategy for 2017–2021 will spur the use of new technologies, including BIM. “Helsinki aims to be the city in the world that makes the best use of digitalization,” Mayor Jan Vapaavuori has declared. A good start, but there’s room for improvement. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business Blog
    Mr. Heiskanen may be contacted at info@aepartners.fi

    New Plan Submitted for Explosive Demolition of Old Tappan Zee Bridge

    December 19, 2018 —
    Worker safety concerns sparked a new plan on how to demolish the remnants of the old Tappan Zee Bridge in New York. Read the court decision
    Read the full story...
    Reprinted courtesy of Eydie Cubarrubia, ENR
    Ms. Cubarrubia may be contacted at cubarrubiae@enr.com

    Subcontractor Sued for Alleged Defective Work

    June 11, 2014 —
    The Louisiana Record reported that “[a] construction company is suing a subcontractor for alleged defective work on two construction projects” in New Orleans, Louisiana. New Beginnings Enterprises and J. Fernando Arriola are “accused of providing defective labor and materials, failing to properly supervise construction on the properties, failing to obtain inspections required under building codes, failing to construct dwellings in accordance with plans and specifications and failing to perform agreements in a workmanlike manner,” according to the Louisiana Record. Plaintiffs including Bartel Construction LLC seek $209,500 in damages “as additional sums for defective and incomplete work, lost profits, consequential damages and attorney’s fees.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Shifting the Risk of Delay by Having Float Go Your Way

    July 05, 2021 —
    Critical path delay plays a central role in allocating responsibility for project delay. The interrelated concept of concurrency is also frequently determinative of entitlement on a range of claims including by owners for liquidated damages and by contractors for delay damages. What constitutes critical/concurrent delay, however, is hotly debated by scheduling experts. The lack of real consensus regarding how critical/concurrent delay should be determined and analyzed has created significant uncertainty in scheduling disputes. Indeed, courts have adopted differing and at times conflicting theories of concurrency that can produce divergent outcomes for the parties. In an effort to reduce uncertainty, stakeholders have increasingly adopted specialized contractual provisions and scheduling techniques which have significant implications for the evaluation of the companion concepts of criticality and concurrency. One such mechanism is float sequestration. Regardless of whether float sequestration is ultimately in the construction industry’s broader interest, stakeholders must be able to recognize its use and appreciate the implications for delay disputes on their projects. Simply defined, float is the number of days an activity can be delayed before affecting the project’s critical path (i.e., the longest chain of activities which determines the project’s minimal duration). Typically, only delays affecting the critical path can produce concurrent delay. Consequently, the concept of float is integral to understanding and resolving issues of both criticality and concurrency. Reprinted courtesy of Christopher J. Brasco, Watt, Tieder, Hoffar & Fitzgerald, LLP and Matthew D. Baker, Watt, Tieder, Hoffar & Fitzgerald, LLP Mr. Brasco may be contacted at cbrasco@watttieder.com Mr. Baker may be contacted at mbaker@watttieder.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    KB to Spend $43.2 Million on Florida Construction Defects

    August 27, 2013 —
    In their second quarter filing with the SEC, KB Homes estimates that repairing damage caused by defects in framing, stucco, roofs, and sealant will cost it $43.2 million. That estimate includes homes that are yet to be identified. KB had estimated lower costs earlier, but subsequently determined it was necessary to increase the funds by $15.9. As a result, the firm showed a loss in the second quarter. The company hopes to recover some funds in insurance settlements. Read the court decision
    Read the full story...
    Reprinted courtesy of

    PSA: Pay If Paid Ban Goes into Effect on January 1, 2023

    December 05, 2022 —
    I have written a couple of times here at Musings regarding the new pay-if-paid legislation passed by the General Assembly last session. While the statute has some inconsistencies and a working group has made some recommendations, the legislation as passed will go into effect on January 1, 2023, without any changes (at least until next session). As always, such action by our legislature here in Virginia will create work for construction attorneys assisting their clients to amend contracts to meet the new rules. Essentially (and with minor inconsistencies between public and private contracts), the bill requires that any construction contract entered into after January 1, 2023 have the following provisions:
    • On public projects: A payment clause that obligates a contractor on a construction contract to be liable for the entire amount owed to any subcontractor with which it contracts. Such contractor shall not be liable for amounts otherwise reducible due to the subcontractor’s noncompliance with the terms of the contract. However, in the event that the contractor withholds all or a part of the amount promised to the subcontractor under the contract, the contractor shall notify the subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.
    Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Traub Lieberman Attorneys Recognized in the 2024 Edition of The Best Lawyers in America®

    September 06, 2023 —
    Related Attorneys: Lisa L. Shrewsberry, Brian C. Bassett, Rina Clemens, Lauren S. Curtis, Scot E. Samis, Anthony Hatzilabrou, Adam P. Joffe, Heather Jones, Ashley Kellgren, Jessica N. Kull, Ryan S. Parker, Nicole E. Shapiro Traub Lieberman is pleased to announce that five Partners have been selected by their peers for inclusion in the 2024 edition of The Best Lawyers in America®. In addition, seven attorneys have been included in the 2024 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Hawthorne, NY; Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. Read the court decision
    Read the full story...
    Reprinted courtesy of Traub Lieberman

    A Lot of Cheap Housing Is About to Get Very Expensive

    October 21, 2015 —
    Urban Institute fellow Erika Poethig has a poster in her office showing 22 apartment buildings along Chicago's Lake Shore Drive. They were all built with U.S. government dollars to provide affordable housing to thousands of low-income households—and have since been converted to market-rate apartments and condominiums. For Poethig, a former official at the Department of Housing and Urban Development, those apartments are a warning. There are currently about 1.34 million units of affordable housing created by a HUD program known as Section 8 project-based rental assistance, according to a blog post published on Wednesday by Poethig and her Urban Institute colleague Reed Jordan. More than 30 percent of those units are kept affordable by contracts that are set to expire by the end of 2017. Read the court decision
    Read the full story...
    Reprinted courtesy of Patrick Clark, Bloomberg