Cambridge Massachusetts Building Expert Directory

California Rejects Judgments By Confession Pursuant to Civil Code Section 1132

May 08, 2023 — Drew M. Jorgenson & Louis "Dutch" Schotemeyer - Newmeyer Dillion
The Elimination of Judgment by Confession Following in the footsteps of Massachusetts and Florida, California recently updated California Code of Civil Procedure section 1132 which renders judgments by confession unenforceable and inadmissible in any superior court, effective January 1, 2023. The bar is not retroactive, so judgments by confession obtained or entered before January 1, 2023 are still valid. Moving forward, consider the following. What is a Judgment By Confession? A judgment by confession, also known as a confession of judgment or "cognovit" clause, is a mechanism by which a debtor agrees that a creditor may summarily obtain a legal judgment against that debtor and enforce it in the event of the debtor's breach of contract or default. In other words, it is a private admission by a debtor that they are liable for a debt without the need for a trial, and consequently, agree to forfeit very important rights. Most importantly, parties agreeing to such clauses are waiving rights such as the right to notice of the judgment and the right to assert defenses against the creditor or third party's claims. Historically, without any judicial involvement, these types of out-of-court judgments would be enforceable. Reprinted courtesy of Drew M. Jorgenson, Newmeyer Dillion and Louis "Dutch" Schotemeyer, Newmeyer Dillion Mr. Jorgenson may be contacted at drew.jorgenson@ndlf.com Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com Read the court decision
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Energy Efficiency Ratings Aren’t Actually Predicting Energy Efficiency

February 07, 2022 — Ryan Hesketh - Bloomberg
There’s a secret dogging British buildings with some of the most coveted environmental ratings: On paper they’re green, but scratch the surface and they’re red hot. Buildings that have received the highest rating in the U.K. — an A Energy Performance Certificate — use more energy than some of their peers rated C, D, E or even F. This disparity between how buildings are designed and what their actual emissions are is widespread in the U.K., according to recent findings from the Better Buildings Partnership, which analyzed 2020 self-reported energy data provided for more than 1,100 commercial properties. It found that commercial buildings regularly use more energy than their sterling eco-friendly labels would suggest. In fact, the analysis finds, the ratings are so far off that the median energy intensity for all B-rated buildings is higher than for C-rated buildings. Read the court decision
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Reprinted courtesy of Ryan Hesketh, Bloomberg

Miller Wagers Gundlach’s Bearish Housing Position Loses

May 19, 2014 — Alexis Leondis – Bloomberg
Bill Miller said investor Jeffrey Gundlach and real estate billionaire Sam Zell are wrong about housing. Gundlach, the chief executive officer of DoubleLine Capital LP, and Zell, chairman of landlord Equity Residential, predict fewer young people will buy homes, further driving down the U.S. ownership rate. Miller, the stock picker who beat the Standard & Poor’s 500 Index for a record 15 years, said he’s so confident lending and housing will rebound that he’s betting on mortgage insurers, homebuilders and subprime servicers. “Anytime there’s a cataclysm, people always say it’s never going to come back,” said Miller, 64, sitting outdoors at a table overlooking Baltimore’s harbor. “I don’t believe there’s been a secular change in demand for housing. People may just rent longer than they otherwise would have before eventually buying.” Read the court decision
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Reprinted courtesy of Alexis Leondis, Bloomberg
Ms. Leondis may be contacted at aleondis@bloomberg.net

Colorado Court of Appeals Decides the Triple Crown Case

January 17, 2014 — Berkeley W. Mann, Jr. – Higgins, Hopkins, McLain & Roswell, LLC
In an earlier blog post, I discussed the case of Triple Crown Observatory Village Assn., Inc. v. Village Homes of Colorado, Inc., et al (2013 WL 5761028) because it presented the rare case where the Colorado Court of Appeals accepted an interlocutory appeal. Notably, the interlocutory appeal resulted from dismissal of the HOA case in which the trial judge directed the parties to arbitrate in lieu of a jury trial, under the declaration of covenants, conditions, and restrictions that governed the community. The Court of Appeals decided the case on its merits on November 7, 2013, and its decision can be found at 2013 WL 6502659. (Note: this presently unpublished opinion may be subject to further appeal to the Colorado Supreme Court.) The case resulted from an attempt by the HOA’s counsel to amend the mandatory arbitration provisions of the declarations before it filed suit. This amendment process took the form of soliciting signature votes of homeowners on a revocation resolution to repeal the specific provisions of the declarations that provided mandatory, binding arbitration as the sole remedy for disputes between the HOA and the developer and/or general contractor. The declarations required that 67% of homeowners vote in favor of amendment in order to modify the declarations. Read the court decision
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Reprinted courtesy of Berkeley W. Mann, Jr., Higgins, Hopkins, McLain & Roswell, LLC
Mr. Mann may be reached at mann@hhmrlaw.com

South Carolina Court of Appeals Diverges from Damico Opinion, Sending Recent Construction Defects Cases to Arbitration

October 24, 2023 — Laura Paris Paton - Gordon Rees Construction Law Blog
Could the latest opinion from the South Carolina Court of Appeals be the distant ringing of a death knell for runaway construction defects verdicts? On the heels of the Damico ruling earlier this year, the courts have issued several opinions distinguishing various arbitration agreements from the one analyzed in Damico and have sent subsequent cases to arbitration. This summer, the Supreme Court and Court of Appeals compelled arbitration in Cleo Sanders v. Savannah Highway Automotive Company, et al. Appellate Case No. 2021-000137 / Opinion No. 28168 (petition for rehearing pending) and Joseph Abruzzo v. Bravo Media Productions, et al. Appellate Case No. 2020-001095 / Opinion 6004. Now, in the matter of Jonathan Mart, on behalf of himself and others similarly situated, Respondent, v. Great Southern Homes, Inc., Appellant, Appellate Case No. 2018-001598, the Court of Appeals reversed the circuit court’s order denying a homebuilder’s motion to dismiss and compelled arbitration in this action, which was brought by the homeowner, individually and on behalf of other similarly situated homeowners. Read the court decision
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Reprinted courtesy of Laura Paris Paton, Gordon Rees Scully Mansukhani
Ms. Paton may be contacted at lpaton@grsm.com

Arctic Roads and Runways Face the Prospect of Rapid Decline

July 19, 2021 — Tony Frangie Mawad - Bloomberg
Melting permafrost across Arctic regions has already caused highways to buckle and homes to sink. A new study conducted in the north of Alaska helps explain why rising temperatures are hitting roads, airports and other infrastructure particularly hard. Researchers who monitored temperatures and melting near Prudhoe Bay on Alaska’s North Slope documented how the thawing of frozen ground beneath a highway tended to spread laterally to the side of the road, with the melting process accelerated by snow accumulations and puddling. Those interactions led to more rapid thawing than in areas of undisturbed permafrost. Researchers also found that melting in their test area, alongside a highway that runs atop permafrost, followed a two-phase process — a gradual initial thaw, followed by an accelerated process once warming exceeded a critical point. Read the court decision
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Reprinted courtesy of Tony Frangie Mawad, Bloomberg

Vinny Testaverde Alleges $5 Million Mansion Riddled with Defects

January 15, 2014 — Melissa Zaya-CDJ STAFF
Former Tampa Bay Buccaneers quarterback Vinny Testaverde and his wife Mitzi filed suit December 20, 2013 claiming breach of contract and building code violations on their $5 million, Odessa, Florida mansion, according to the Tampa Tribune. The Testaverdes allege that their six-year old, 6,700 square foot home has multiple defects, including “wet floors and walls when it rains and a grand staircase leading to the front door that is sinking, taking with it two columns that support the porch roof,” The Tampa Tribune reports. Gray Homes of Tampa Bay were contracted by the couple to build their mansion on Lake Keystone. The Tampa Tribune stated that several months before filing suit, the Testaverdes sent a certified letter to Gray Homes stating they had uncovered “a series of defects.” According to the article, Gray Homes had not yet responded to the Tampa Tribune’s message asking for a comment. Read the court decision
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EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

July 18, 2018 — Hwan Kim – Construction & Infrastructure Law Blog
A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v. Changzhou SinoType Technology Co., Ltd., the California Court of Appeal held that parties may not contract around the formal service requirements of the Convention on the Service Abroad of Judicial and Extrajudicial Documents, commonly referred to as the Hague Service Convention. The decision could have profound implications for international business. Read the court decision
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Reprinted courtesy of Hwan Kim, Sheppard, Mullin, Richter & Hampton LLP
Mr. Kim may be contacted at hkim@sheppardmullin.com

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