Cambridge Massachusetts Building Expert Directory

Homebuilding Design Goes 3D

June 17, 2015 — Beverley BevenFlorez-CDJ STAFF
The Houston Business Journal reported that some home builders are using new computer visualization technology to create 3D representations of home designs. Autodesk Revit not only helps the buyer visualize the home, but it also catches architectural design mistakes and can help homebuilders quantify all of the building materials necessary for a particular model. Mollie Silver, a senior designer with On Point Custom Homes, uses Autodesk Revit. “It changes the game for our clients, because this gives them a really good idea of what their home will look like in real life,” Silver told the Houston Business Journal. “If you give them floor plans, it just doesn’t give them the same idea.” Read the court decision
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PFAS: From Happy Mistake to Ubiquity to Toxic Liability (But is there coverage?)

March 14, 2022 — Michael S. Levine & Rachel E. Hudgins - Hunton Andrews Kurth
In 1938, a DuPont chemist’s experiment yielded not—as he first thought—a lumpen, waxy mistake, but a new chemical with remarkable properties: heat-resistance, chemical stability, and low surface friction. Decades of continuing experimentation yielded a class of chemicals with the capacity to make non-stick, water-resistant coatings. In time, these chemicals, per- and polyfluoroalkyl substances (PFASs), would become a major component in thousands of consumer goods: food packaging, non-stick cookware, waterproof clothing, paint, stain-resistant carpets and furniture, and firefighting foams. The discovery of the toxicity of these remarkable chemicals lagged behind the widespread adoption, but eventually yielded a moniker that reflected PFAS’s stability and longevity: “Forever Chemicals.” In October 2021, the Biden administration announced a plan to address, among other concerns, PFAS’s migration to drinking water sources. EPA Administrator Michael S. Regan debuted the plan in Raleigh, North Carolina alongside Governor Roy Cooper. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Rachel E. Hudgins, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. Hudgins may be contacted at rhudgins@HuntonAK.com Read the court decision
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Suit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations Grounds

April 11, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The insured's suit against his broker for securing a policy with insufficient policy limits was dismissed when filed more than two years after the alleged professional negligence occurred. Pritchard v. Andy Houghton Ins. Agency, 2018 Cal. App. Unpub. LEXIS 1160 (Cal. Ct. App. Feb. 20, 2018). Pritchard requested coverage for replacement of his property in the event of a total loss by fire. He obtained a policy from Houghton. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Insurer Awarded Summary Judgment on Collapse Claim

January 06, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The Eleventh Circuit agreed with the insurer that there was no coverage for a collapse under the policy. S.O. Beach Corp. v. Great Am. Ins. Co.,2019 U.S. App. LEXIS 32569 (11th Cir. Oct. 31, 2019). S.O. Beach Corporation and Larios on the Beach, Inc ("Larios") owned a building in Miami Beach. Sometime between march 4, 2012 and April 10, 2013, Larios discovered that parts of the first three floors of its building had caved in to varying degrees. The primary cause of the collapse was a wooden support beam that had severely rotted. Larios found a broken pipe that was gushing water onto the beam, causing deterioration. Larios was forced to evacuate the building until the damage was repaired. Larios submitted a claim under its all-risk policy with Great American. The policy required that a collapse an "abrupt falling down or caving in of a building or any part of a building" to be covered. Before a coverage decision was made, Larios sued for breach of contract. The parties filed cross-motions for summary judgment. The district court granted Great American's motion and denied Larios' motion. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

San Francisco International Airport Reaches New Heights in Sustainable Project Delivery

November 21, 2022 — Aileen Cho - Engineering News-Record
Ten years ago, Geoff Neumayr decided he was tired of “doing design and construction by combat.” San Francisco International Airport had completed a master plan for the complex and the front of the airport facilities doing things the traditional way. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story... Read the court decision
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Congratulations to BWB&O’s 2024 Southern California Super Lawyers!

February 05, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
BWB&O is excited to announce that Partners Nicole Whyte, Keith Bremer, John Toohey, and Tyler Offenhauser have been selected in the 2024 Southern California Super Lawyers list as Super Lawyers for their work in Business Litigation, Family Litigation, Personal Injury Litigation, and Construction Litigation. To read Super Lawyers’ digital publication, please click here. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The objective of Super Lawyers’ patented multiphase selection process is to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Please join us in congratulating Nicole, Keith, John, and Tyler on achieving this level of recognition! Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Quick Note: October 1, 2023 Changes to Florida’s Construction Statutes

November 13, 2023 — David Adelstein - Florida Construction Legal Updates
Effective October 1, 2023, there were changes to Florida’s statutory scheme dealing with construction projects. This includes Florida’s Lien Law. A copy of these changes can be found below which identify additions in blue and deletions with strikethroughs. No different than before, if you have questions or concerns as to your statutory rights on a construction project, do the prudent thing, consult a construction lawyer. A construction lawyer can help you understand changes to the applicable statutory scheme or how the statutory scheme pertains to your rights. This is important because you want to make sure you understand statutory changes that apply to your work and rights. A noteworthy change, bolded in blue below, is that there is now a basis to lien for a contractor performing construction management services “which include scheduling and coordinating construction and preconstruction phases for the construction project, or who provides program management services”:

Fla. Stat. s. 713.01 (8) “Contractor” means a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it, or who takes over from a contractor as so defined the entire remaining work under such contract. The term “contractor” includes an architect, landscape architect, or engineer who improves real property pursuant to a design- build contract authorized by s. 489.103(16). The term also includes a licensed general contractor or building contractor, as those terms are defined in s. 489.105(3)(a) and (b), respectively, who provides construction management services, which include scheduling and coordinating preconstruction and construction phases for the construction project, or who provides program management services, which include schedule control, cost control, and coordinating the provision or procurement of planning, design, and construction for the construction project.

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

OSHA Finalizes Rule on Crane Operator Qualification and Certification

April 10, 2019 — Bradford T. Hammock - Construction Executive
The Occupational Safety and Health Administration has finalized its long-awaited approach to crane operator qualification and certification. The rule, which has followed a tortuous road to completion, ends the agency’s multi-year effort to conclude its update of safety requirements related to crane and derrick use in construction. The rule establishes a three-pronged approach to ensuring that crane operators can safely operate cranes:

operator training for employees not yet certified to operate cranes;
operator certification via four different permissible options; and
employer evaluation of certified operators.

Construction employers with employees who operate cranes should assess their training, certification and evaluation programs now to ensure they are fully compliant with the new rule. Reprinted courtesy of Bradford T. Hammock, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES