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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


    Remote Depositions in the Post-Covid-19 World

    Cal/OSHA-Approved Changes to ETS Will Take Effect May 6, 2022

    Colorado Supreme Court Rules that Developers Retain Perpetual Control over Construction Defect Covenants

    Significant Victory for the Building Industry: Liberty Mutual is Rejected Once Again, This Time by the Third Appellate District in Holding SB800 is the Exclusive Remedy

    Illinois Appellate Court Address the Scope of the Term “Resident” in Homeowners Policy

    HP Unveils Cheaper, 3-D Printing System to Spur Sales

    Boilerplate Contract Language on Permits could cause Problems for Contractors

    Harmon Tower Demolition on Hold

    Breath of Fresh Air

    Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work

    New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors

    What is a Civil Dispute?

    Pending Sales of U.S. Existing Homes Increase 0.8% in November

    Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co.

    NYC Developer Embraces Religion in Search for Condo Sites

    S&P 500 Little Changed on Home Sales Amid Quarterly Rally

    New Orleans Reviews System After Storm Swamps Pumps

    Insurer's Motion for Summary Judgment to Reject Collapse Coverage Denied

    Want to Make Your Jobsite Safer? Look to the Skies.

    Hawaii Supreme Court Bars Insurers from Billing Policyholders for Uncovered Defense Costs

    Hawaii Supreme Court Tackles "Other Insurance" Issues

    NYT Points to Foreign Minister and Carlos Slim for Collapse of Mexico City Metro

    The Coverage Fun House Mirror: When Things Are Not What They Seem

    Coronavirus, Force Majeure, and Delay and Time-Impact Claims

    Super Lawyers Selects Haight’s Melvin Marcia for Its 2023 Northern California Rising Stars List

    Not So Universal Design Fails (guest post)

    Nuclear Fusion Pushes to Reach Commercial Power Plant Stage

    ASCE Statement on Calls to Suspend the Federal Gas Tax

    Miorelli Doctrine’s Sovereign Immunity in Public Construction Contracts — Not the Be-All and End-All

    Real Property Alert: Recording Notice of Default as Trustee Before Being Formally Made the Trustee Does Not Make Foreclosure Sale Void

    Attorneys’ Fees and the American Arbitration Association Rule

    What is Toxic Mold Litigation?

    New WA Law Caps Retainage on Private Projects at 5%

    Hawaii Appellate Court Finds Appraisers Limited to Determining Amount of Loss

    Deterioration Known To Insured Forecloses Collapse Coverage

    City Development with Interactive 3D Models

    Reversing Itself, Alabama Supreme Court Finds Construction Defect is An Occurrence

    Restoring the USS Alabama: Surety Lessons From an 80-Year-Old Battleship

    Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part

    Language California Construction Direct Contractors Must Add to Subcontracts Beginning on January 1, 2022, Per Senate Bill 727

    Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability

    But Wait There’s More: Preserving Claims on Commonwealth Projects

    Construction Defect Journal Marks First Anniversary

    OSHA Finalizes Rule on Crane Operator Qualification and Certification

    Spearin Doctrine as an Affirmative Defense

    New York Court Temporarily Enjoins UCC Foreclosure Sale

    Bill Taylor Co-Authors Chapter in Pennsylvania Construction Law Book

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    Hurricane Ian: Discussing Wind-Water Disputes

    Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond
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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

    Senior Living Facility Makes Construction Defect Claims

    November 13, 2013 —
    Midland Meadows Senior Living, LLC has filed a petition for declaratory judgment in the U.S. District Court in West Virginia, claiming that the contractor who built the facility, Arcon Group Incl, made a variety of errors, leading to mold and lack of water in the dining room, but also that floors were improperly constructed, sump pumps were not installed, and that the company failed to properly insulate the buildings. The lawsuit also names Arcon Group’s insurer, First Mercury Insurance Company. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Indemnity Clauses That Conflict with Oregon Indemnity Statute Can Remain Partially Valid and Enforceable

    November 30, 2016 —
    When the indemnity provision of a contract conflicts with ORS 30.140, it is voided to the extent that it conflicts with the statute, but no more. Such provisions can remain partially valid and enforceable.[i] In Montara Owner Assn., the owner brought claims against the contractor for construction defects and damage relating to the construction of 35 townhouses. Contractor then brought third-party claims against more than 20 subcontractors for breach of contract and indemnity. Before trial, contractor settled with all but one subcontractor. The subcontract contained an indemnity provision requiring subcontractor to indemnify contractor for losses arising out of subcontractor’s work, including losses caused in part by contractor’s own negligence. Read the court decision
    Read the full story...
    Reprinted courtesy of Masaki James Yamada, Ahlers & Cressman PLLC
    Mr. Yamada may be contacted at myamada@ac-lawyers.com

    CDJ’s #6 Topic of the Year: Does Colorado Need Construction Defect Legislation to Spur Affordable Home Development?

    December 31, 2014 —
    The question involves whether a Colorado law passed in 2005 has made it too easy for homeowners to sue developers for construction defects, allegedly causing a decline in condominium building in the state. The Construction Defect Journal became a forum for this lively debate with two prominent, Colorado, construction defect attorneys providing their views on the subject: Jesse Howard Witt, of the Witt Law Firm, published “Colorado Mayors Should Not Sacrifice Homeowners to Lure Condo Developers.” Read the full story... In response, James M. Mulligan of Snell & Wilmer, LLP presented his perspective in, “Are Construction Defect Laws Inhibiting the Development of Attached Ownership Housing in Colorado?” Read the full story... The city of Lakewood did not wait for the state, but instead passed its own ordinance, which “gives developers and builders a ‘right to repair’ defects before facing litigation and would require condominium association boards to get consent from a majority of homeowners — rather than just the majority of the board — before filing suit,” according to John Aguilar’s piece in The Denver Post. Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Contractor Prevails in Part Against CalOSHA in Valley Fever Case

    February 26, 2024 —
    Fever. Specifically, Valley fever. Caused by the fungus Coccidioides. It lives in the top two to 12 inches of soil, can become airborne when the soil is exposed, and can cause respiratory illness and even death. And apparently, it is present in many parts of California particularly in the Central Valley and along the coast. Who knew? In Granite Construction Company v. Occupational Safety and Health Appeals Board, Case No. C086704 (2023), contractor Granite Construction was cited by CalOSHA for exposing its employees to Coccidioides at a large solar power plant known as California Flats Solar Project in Monterey California. The 3rd District Court of Appeal reversed in part. It should be noted that this case originally unpublished, it was then published, and then later depublished, so it should not be relied on for precedential value. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season

    October 11, 2021 —
    SDV's Natural Disaster Recovery Group presents the Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season. This handbook intends to be a practical guide on policyholder issues, both homeowners and business owners alike, when preparing for hurricane season and handling claims after a loss due to a hurricane. The handbook is a living document that will evolve over time, as our Natural Disaster Recovery Group members continue to contribute new and expansive content on the complex issues arising in this area. Remember to check back for additional information and updated content regarding the Hurricane Season Policyholder’s Handbook. I. Are You Adequately Insured for a Hurricane? Understanding the various types of coverage policyholders can purchase is vital to weathering the financial storm following a natural disaster. Reprinted courtesy of Tracy Alan Saxe, Saxe Doernberger & Vita, Kelly A. Johnson, Saxe Doernberger & Vita, Samantha M. Oliveira, Saxe Doernberger & Vita and R. G. Nelson, Saxe Doernberger & Vita Mr. Saxe may be contacted at TSaxe@sdvlaw.com Ms. Johnson may be contacted at KJohnson@sdvlaw.com Ms. Oliveira may be contacted at SOliveira@sdvlaw.com Ms. Nelson may be contacted at RNelson@sdvlaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Construction Defects in Home a Breach of Contract

    September 09, 2011 —

    The Supreme Court of North Dakota has ruled in Leno v. K & L Homes, affirming the verdict of the lower court. K & L Homes argued that district court had erred in several ways, including by refusing to instruct the jury on comparative fault, denying a request for inspection, and not allowing a defendant to testify on his observations during jury viewing.

    The Lenos purchased a home constructed by K & L Homes, after which they alleged they found cracks, unevenness, and shifting, which they attributed to improper construction. They claimed negligence on the part of K & L Homes. K & L Homes responded that the Lenos were responsible for damage to the home. The Lenos dropped their negligence claim, arguing breach of contract and implied warranties.

    Before the trial, after the discovery period had passed, K & L Homes requested to inspect the home. This was rejected by the court. Kelly Moldenhauer, the owner of K & L Homes sought to testify about his observations during the jury’s viewing of the house. The court denied this too. The jury found that K & L was in breach of contract and awarded damages to the Lenos.

    The North Dakota Supreme Court noted that K & L Homes gave “warranties that the home had been built according to local building codes and laws, and that the house was fit for its particular purpose as a residence.” The court found that a defective home breached this warranty. Further, the home violated an implied warranty of fitness.

    The district court had denied K & L’s request to inspect the home, as the discovery period had ended and it would not give the Lenos time to do further discovery of their own. At the time of the request, there was only twenty-two days before the trial. The Supreme Court ruled that this was not an abuse of discretion of the part of the district court.

    The Lenos had requested that Moldenhauer’s testimony not be permitted, as it would “have the same effect as if the court had granted K & L Homes’ pretrial request for inspection.” K & L Homes agreed to this in court, replying, “okay.”

    The decision affirms the judgment of the district court and the damages awarded to the Lenos by the jury.

    Read the court’s decision…

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    District Court Allows DBE False Claims Act Case to Proceed

    February 23, 2017 —
    Last week, I posted about how whistleblowers continue to receive large settlements related to DBE fraud. A somewhat recent case from the federal court in Maryland shows how whistleblowers are ferreting out DBE fraud on construction projects receiving any form of federal funding. The Case The case involves a bridge painting project in Maryland that was let by the Maryland State Highway Administration. The contract required the prime contractor to meet a 15% DBE participation goal. The prime contractor submitted a bid stating it would have 15.12% DBE participation. After it was awarded the contract, the prime contractor – as is typical – submitted additional forms certifying to the MSHA that 15.12% of its contract price would be performed by a DBE firm. The prime contractor indicated that one DBE subcontractor, Northeast Work and Safety Boats, LLC (“NWSB”), would perform the 15.12% of the work. Read the court decision
    Read the full story...
    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    U.S. State Adoption of the National Electrical Code

    August 24, 2017 —
    What is the National Electrical Code? Did you know that as of 2017, there have been 15 revisions of The National Electrical Code since 1975, the year the average American home was built? The National Electrical Code codifies the minimum requirements for the safe electrical installations in a single, standardized source. While the NEC is not itself a law, the NEC is commonly mandated by state or local law. Where the NEC is adopted, anything less than the standards set by the NEC are illegal. The NEC revision is an open process that produces a new code every three years. The process includes:
    1. Public Input
    2. Public Commentary
    3. NFPA Technical Session
    4. Standards Council Action – Appeals and Issuance of the NEC
    Read the court decision
    Read the full story...
    Reprinted courtesy of David R. Cook, Autry, Hanrahan, Hall & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com