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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


    EPA and the Corps of Engineers Repeal the 2015 “Waters of the United States” Rule

    Georgia Supreme Court Determines Damage to "Other Property" Not Necessary for Finding Occurrence

    Biden's Next 100 Days: Major Impacts Expected for the Construction Industry

    Insured's Lack of Knowledge of Tenant's Growing Marijuana Means Coverage Afforded for Fire Loss

    Six Inducted into California Homebuilding Hall of Fame

    Updated Covid-19 Standards In The Workplace

    Another Defect Found on the Bay Bridge: Water Leakage

    Forensic Team Finds Fault with Concrete Slabs in Oroville Dam Failure

    Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

    County Sovereign Immunity Invokes Change-Order Ordinance

    University of Tennessee’s New Humanities Building Construction Set to Begin

    Surety Trends to Keep an Eye on in the Construction Industry

    Injured Construction Worker Settles for Five Hundred Thousand

    Bill to Include Coverage for Faulty Workmanship Introduced in New Jersey

    Tightest Credit Market in 16 Years Rejects Bernanke’s Bid

    Nonparty Discovery in California Arbitration: How to Get What You Want

    Chutes and Ladders...and Contracts.

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    Real Estate & Construction News Roundup (09/12/23) – Airbnb’s Future in New York City, MGM Resorts Suffer Cybersecurity Incident, and Insurance Costs Hitting Commercial Real Estate

    Wildfire Insurance Coverage Series, Part 7: How to Successfully Prepare, Submit and Negotiate the Claim

    Wreckage Removal Underway at Site of Collapsed Key Bridge in Baltimore, But Weather Slows Progress

    PA Supreme Court to Rule on Scope of Judges' Credibility Determinations

    One to Watch: Case Takes on Economic Loss Rule and Professional Duties

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    Partners Jeremy S. Macklin and Mark F. Wolfe Secure Seventh Circuit Win for Insurer Client in Late Notice Dispute

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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

    Shutdowns? What A Covid-19-Safe Construction Site Looks Like

    April 20, 2020 —
    There’s no end to published opinions about construction project shutdowns where the widely different types of jobsites are reduced to a single Dickensian nightmare crying out to be closed during this COVID-19 pandemic. ENR Editors ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Tenants Who Negligently Cause Fires in Florida Beware: You May Be Liable to the Landlord’s Insurer

    May 13, 2019 —
    In Zurich Am. Ins. Co. v. Puccini, LLC, 2019 Fla. App. LEXIS 1487, 44 Fla. L. Weekly D 383, Florida’s Third District Court of Appeals considered whether a landlord’s carrier, Zurich American Insurance Company (Zurich), was precluded from pursuing a subrogation claim against the landlord’s tenant, Puccini, LLC (Puccini), for fire-related damages. After the fire, Zurich paid its insured, Lincoln-Drexel Waserstein, Ltd. (Lincoln), over $2.1 million. Zurich then proceeded with an action against Puccini. Puccini filed for summary judgment arguing that it was an additional insured under the Zurich policy. The trial court agreed with Puccini and dismissed the action. Zurich then appealed the case to Florida’s Third District Court of Appeals. Finding that the lease contemplated both liability on the part of the tenant and indemnification in favor of the landlord, the court held that the tenant was not an implied co-insured under Zurich’s policy. Thus, the court allowed Zurich’s subrogation action. The Sutton Doctrine Extension of the Anti-Subrogation Rule In the United States, most states have adopted an anti-subrogation rule either by statute or through common law. Under an anti-subrogation rule, an insurer may not pursue its insured for monies paid to the insured. While some states limit their anti-subrogation rule to apply only to the named insured, other states have expanded the rule to include parties listed as additional insureds, and even, in some instances, implied insureds (those parties not specifically listed, but still considered an insured under the applicable policy). Read the court decision
    Read the full story...
    Reprinted courtesy of Rahul Gogineni, White and Williams LLP
    Mr. Gogineni may be contacted at goginenir@whiteandwilliams.com

    Toolbox Talk Series Recap - The New Science of Jury Trial Advocacy

    December 31, 2024 —
    In the November 21, 2024 edition of Division 1's Toolbox Talk Series, John Jerry Glas discussed how construction lawyers should adjust their trial strategies in response to shifts in juror attitudes. Glas believes that jurors have changed in the last twenty years, with modern jurors being more reluctant than ever to be seen as a lawyer’s puppet. Instead, they simply want a lawyer to help them organize and wade through evidence without spinning it and without spoon-feeding it. Essentially, Glas believes that lawyers achieve better jury trial results if they acknowledge the paradigm shift in jury psychology and reinvent themselves in response by influencing jury deliberations without directly telling a jury what to do. Glas refers to this as the “Waiter Pivot” and recently published a book on the topic. Throughout his presentation, Glas discussed how construction lawyers can embrace the Waiter Pivot throughout a jury trial:
    • Voir Dire: Lawyers make their first impressions on a jury during voir dire. As such, lawyers should avoid questions that make jurors feel judged or stereotyped. Instead, give the jurors credit and make use of the opportunity to begin framing their case. For example, Glas once repeated the word “specifications” or “specs” in every question during voir dire where his product liability case turned on whether or not the product deviated from specifications.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Douglas J. Mackin, Cozen O’Connor
    Mr. Mackin may be contacted at dmackin@cozen.com

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

    August 30, 2017 —
    On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The simple answer is, yes, a homeowner who prevails on the merits can recover the fees they spent to prove that shoddy construction breached the implied warranty of workmanship and habitability. Why? Because, as Justice Timmer articulated, “[t]he implied warranty is a contract term.” Although implied, the warranty is legally part of the written agreement in which “a residential builder warrants that its work is performed in a workmanlike manner and that the structure is habitable.” In other words, a claim based on the implied warranty not only arises out of the contract, the claim is actually based on a contract term. Since, in A.R.S. § 12-341.01, Arizona law provides for prevailing parties to recover their fees on claims “arising out of contract” and because the implied warranty is now viewed by the courts as a contract term, homeowners can recover their fees after successfully proving breach of the implied warranty. Read the court decision
    Read the full story...
    Reprinted courtesy of Rick Erickson, Snell & Wilmer
    Mr Erickson may be contacted at rerickson@swlaw.com

    Florida SB 2022-736: Construction Defect Claims

    February 07, 2022 —
    *Special thank you to SDV Law Clerk Iliriana Fteja for contributing to this article. A new bill (SB 2022-736) was recently introduced to the Florida Senate. The proposed amendments to the statutes of limitations and repose could significantly impact construction defect claims by effectively creating additional exposure to contractors and insurance carriers. The proposed bill requires all actions founded on the design, planning, or construction of an improvement to real property to be commenced within four years after the time to commence an action begins. Under the proposed amendment, the time to commence an action runs from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and their employer. This provision would effectively alter the time to commence an action to whichever triggering event is earliest instead of the latest triggering event per the previous statute. Read the court decision
    Read the full story...
    Reprinted courtesy of Kelly A. Johnson, Saxe Doernberger & Vita, P.C.
    Ms. Johnson may be contacted at KJohnson@sdvlaw.com

    Court of Appeals Invalidates Lien under Dormancy Clause

    January 05, 2017 —
    On October 27, 2016, the Georgia Court of Appeals determined whether the Dormancy Statute, which bars the enforcement of judgments after seven years, applied to a lienholder’s action to foreclose its lien. A property owner (“Owner”), contracted with a contractor Contractor (“Contractor”) to build a home in January 2006. Contractor purchased building materials from a supplier (“Supplier”). In September 2006, Contractor failed to pay for the materials, and Supplier filed a lien on Owner’s property in November 2006. Supplier filed a claim of lien and instituted a lien action against Contractor. In March 2007, a default judgment was entered in favor of Supplier for the lien amount. It was not until November 2014 that Supplier sued Owner, seeking a declaration of a special lien in the amount of $14,655.65. The trial court granted Supplier’s motion for summary judgment and awarded Supplier a special lien in the amount of $14,655.65 plus $8,305 in accrued interest. Owner appealed, arguing that the lien was rendered unenforceable by the Dormancy Statute. Read the court decision
    Read the full story...
    Reprinted courtesy of Chadd Reynolds, Autry, Hanrahan, Hall & Cook, LLP
    Mr. Reynolds may be contacted at reynolds@ahclaw.com

    Colorado statutory “property damage” caused by an “occurrence”

    August 04, 2011 —

    Colorado General Assembly House Bill 10-1394 was signed into law by the Governor on May 21, 2010, codified at Colo. Rev. Stat. § 13-20-808 (2010)

    13-20-808. Insurance policies issued to construction professionals

    (1) (a) The general assembly finds and determines that:

    (I) The interpretation of insurance policies issued to construction professionals is of vital importance to the economic and social welfare of the citizens of Colorado and in furthering the purposes of this part 8.

    (II) Insurance policies issued to construction professionals have become increasingly complex, often containing multiple, lengthy endorsements and exclusions conflicting with the reasonable expectations of the insured.

    (III) The correct interpretation of coverage for damages arising out of construction defects is in the best interest of insurers, construction professionals, and property owners.

    Read the full story…

    Reprinted courtesy of CDCoverage.com

    Read the court decision
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    Reprinted courtesy of

    Bill to Include Coverage for Faulty Workmanship Introduced in New Jersey

    December 04, 2013 —
    On November 25, Gary S. Schaer, a Democrat from Bergen and Passic, introduced a bill into the New Jersey legislature that would require insurers to cover faulty workmanship. The bill would require commercial liability insurance policies to cover “property damage or bodily injury resulting from faulty workmanship.” Policies that do not provide this coverage could not be offered in the state of New Jersey should the measure pass and be enacted into law. Read the court decision
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    Reprinted courtesy of