Cambridge Massachusetts Building Expert Directory

BWBO Celebrating Attorney Award and Two New Partners

July 14, 2016 — Beverley BevenFlorez-CDJ STAFF
Congratulations is due to Nicole Whyte of Bremer Whyte Brown & O’Meara LLP (BWBO) for being recognized as one of America’s Top 100 Attorneys by America’s Top 100, which identifies the top 100 attorneys in each state. In an email release, the firm stated, “We are pleased to celebrate this lifetime achievement and it is an honor to have Ms. Whyte listed alongside her esteemed peers.” Furthermore, BWBO announced that two of their attorneys have been promoted to partner: Alex Giannetto and Benjamin Price. “Mr. Giannetto believes that hard work, dedication, caring about clients and work product, and surrounding himself with good people, has helped him become successful in his profession,” as stated in an email release. “To be successful you have to surround yourself with successful people,” Mr. Price stated. “A combination of humility, confidence, and hard work is also important.” Read the court decision
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When Business is Personal: Negligent and Intentional Interference Claims

October 24, 2023 — Kathryne Baldwin & Jose L. Parra - Wilke Fleury
The nature of business is personal. Changes in personnel, project outlines, or business models cost businesses time and money to bring about, ward against, or stop. Any individual involved in business will likely have seen claims for interference with relationships, either prospective or contractual. But, what do those claims really mean and how viable are they in a capitalist society where free markets are held in such high esteem? Defendants in lawsuits will typically see these claims pleaded as one of three major categories: intentional interference with prospective economic advantage, intentional interference with contractual relations or contract, or negligent interference with prospective economic advantage. As the name would suggest, the first two are more concrete and require a showing that the bad actor was aware of the existence of a contract or relationship and took affirmative steps to interfere with that relationship. The latter is more nebulous and looks at business relationships that were likely to occur and are based on a “should have known” standard. Reprinted courtesy of Kathryne E. Baldwin, Wilke Fleury and José L. Parra, Wilke Fleury Ms. Baldwin may be contacted at kbaldwin@wilkefleury.com Mr. Parra may be contacted at jparra@wilkefleury.com Read the court decision
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What a Difference a Day Makes: Mississippi’s Discovery Rule

November 16, 2023 — William L. Doerler - The Subrogation Strategist
The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No. 2022-CA-00527-SCT, 2023 Miss. LEXIS 278 (KC Welding), a majority of the justices on the Supreme Court of Mississippi (Supreme Court) affirmed the trial court’s ruling that Western World Insurance Group (Insurer) filed its lawsuit one day late. Thus, the statute of limitations barred Insurer’s lawsuit. In KC Welding, on July 12, 2018, KC Welding, LLC (KC Welding) sent an employee to Sunbelt Shavings, LLC (Sunbelt) to repair the door of a box containing wood chips. Sunbelt’s employees discovered that KC Welding employees were welding a storage bin that had not been emptied of wood chips and Sunbelt’s employees asked KC Welding’s employees to leave. After that, Sunbelt’s employees attempted to soak the area with water. Later than night, a fire started on Sunbelt’s property, apparently as the result of smoldering wood shavings, a fire that was extinguished on July 13, 2018. Read the court decision
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Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

Chicago Aldermen Tell Casino Bidders: This Is a Union Town

June 13, 2022 — Shruti Singh - Bloomberg
Several Chicago aldermen on Monday sent gaming companies that are bidding on building the city’s first casino a message: this is a union town. During a special casino committee of the city council hearing on Monday, the aldermen expressed concerns that the three bidders -- Bally’s Corp., Hard Rock International and Rush Street Gaming -- that are seeking to construct and operate a gaming and entertainment complex don’t have a deal with local labor groups. Chicago Chief Financial Officer Jennie Bennett said during the hearing that a deal with labor was part of the requirements laid out in the city’s request for proposals. None of the three bidders have committed to labor standards, and moving forward without an agreement on items such as a living wage “is a slap in the face,” Robert Reiter Jr., president of the Chicago Federation of Labor, said during the public testimony portion of the meeting. The federation represents 300 affiliated unions and their half a million members. Read the court decision
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Reprinted courtesy of Shruti Singh, Bloomberg

Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim

April 03, 2013 — Brian M. Falcon - Frost Brown Todd LLC
Earlier this year, the Indiana Court of Appeals issued an important opinion that impacts contractors and sureties alike. The decision should give contractors in Indiana pause before ceasing work while a dispute with the owner is pending. Sureties also have been placed on notice that strict compliance with the terms of their bonds is amongst their best defenses to claims made by owners and bond claimants. In Dave's Excavating, Inc. and Liberty Mutual Insurance Co. v. City of New Castle, Indiana, 959 N.E.2d 369 (Ind. Ct. App. 2012), the contractor (“Dave’s”) was the successful bidder on a public sanitary sewer and water main extension project. Dave's procured a performance bond from Liberty Mutual to guarantee its performance obligations to the owner (the "City"). After encountering what it deemed different subsurface conditions—and indeed after having been previously granted a change order to use excavated materials as backfill in light of the subsurface conditions on site—Dave’s placed the project engineer on notice of a differing site conditions claim. The total claim amounted to an 84% increase in the total contract price. With the claim, Dave's advised the project engineer it was ceasing further work until the project engineer provided direction. While the project engineer reviewed the claim, it reminded Dave's of its contractual obligation to "carry on the work and adhere to the progress schedule during all disputes or disagreements with the OWNER." A dispute immediately occurred regarding whether Dave's was required to continue to work while the project engineer resolved the differing site condition claim. After Dave's maintained its position that it was not required to continue to work, the project engineer placed it on notice of default and copied the letter to Liberty Mutual. Read the court decision
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Reprinted courtesy of Brian M. Falcon
Brian M. Falcon can be contacted at http://www.frostbrowntodd.com/contact.html

Maui Wildfire Cleanup Advances to Debris Removal Phase

February 05, 2024 — James Leggate - Engineering News-Record
Contractors hauled the first truckload of debris from homes destroyed by last year’s wildfires in Lahaina, Hawaii, on Jan. 16. The move marked the beginning of the second phase of debris removal efforts coordinated by federal, state and local officials. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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The Ghosts of Baha Mar: How a $3.5 Billion Paradise Went Bust

January 06, 2016 — John Lippert & Dawn McCarty – Bloomberg
Beyond the tropical waters, across palm-fringed sands and behind locked gates, looms Baha Mar -- the largest and, at $3.5 billion, priciest resort in the Caribbean. Here, no one frolics pool-side, pina colada in hand, or hits irons on the Jack Nicklaus golf course. No slot machines jingle-jangle in the casino. The Flamingo Bar, the Brasserie des Arts and the Cartier boutique lie dark. On this bright October morning in the Bahamas, all 2,200 guest rooms are empty. The quiet is almost spooky here on the outskirts of Nassau, where the waterscape frills of nearby Paradise Island give way to the vast ghost-resort that is Baha Mar. Just how the place ended up like this -- in a bankruptcy so colossal that it’s jeopardizing the Bahamas’s credit rating -- is the biggest business story to hit this Caribbean nation for as long as anyone here can remember. It stretches far beyond the white beaches and across time zones, to none other than the State Council of China. Reprinted courtesy of John Lippert, Bloomberg and Dawn McCarty, Bloomberg Read the court decision
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Fla. Researchers Probe 'Mother of All Sinkholes'

August 24, 2017 — Thomas F. Armistead - Engineering News-Record
It will take months to complete remediation of the largest sinkhole in Pasco County, Fla.’s recent history, county officials say. Seven houses have been lost or condemned since the sinkhole was reported at 7:21 a.m. on July 14. That day, two houses collapsed into the hole, which initially measured 225 ft long and 50 ft deep. As the cavity’s dimensions grew to between 260 ft and 180 ft, the county red-tagged five additional houses. Read the court decision
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Reprinted courtesy of Thomas F. Armistead, ENR
ENR may be contacted at ENR.com@bnpmedia.com

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES