Cambridge Massachusetts Building Expert Directory

Brooklyn’s Hipster Economy Challenges Manhattan Supremacy

April 08, 2014 — Henry Goldman – Bloomberg
Marty Markowitz was strolling in Vienna when he noticed mannequins in a shop window wearing hats emblazoned with Paris, London and Brooklyn. The store had plenty of London and Paris models. Brooklyn was sold out. “They said they couldn’t restock the Brooklyn hats fast enough,” said Markowitz, 69, who spent 12 years as president of New York City’s most populous borough before retiring in January. Brooklyn’s cachet as a global brand and epitome of urban hipsterdom is shifting New York City’s center of gravity, reducing the supremacy of Manhattan across the East River and exerting more influence on New York’s political, economic and cultural life. It’s creating jobs and adding residents at a faster pace than any other borough, sparking a boom in commercial development to supply the new masses. Read the court decision
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Reprinted courtesy of Henry Goldman, Bloomberg
Mr. Goldman may be contacted at hgoldman@bloomberg.net

Damage Control: Major Rebuilds After Major Weather Events

October 21, 2024 — David McMillin - Construction Executive
More than two feet of rain drenching Fort Lauderdale in a day, baseball-sized hail chunks falling on Minneapolis and the deadliest wildfire in more than a century destroying more than 2,100 acres of Maui—2023 was a stark reminder that Mother Nature is a force to be reckoned with. In total, $28 billion dollars’ worth of extreme weather and climate-related disasters ripped across the U.S. last year—a new record, according to the National Oceanic and Atmospheric Administration. And there’s no relief in sight: 2024 is already the second-busiest tornado season on the books, and wildfires were burning in Oregon, California, Montana and Texas as this issue went to print. Part of dealing with disasters is preparing for their impact to infrastructure, and Roland Orgeron Jr.—who co-founded New Orleans-based Legacy Industries with business partner Blake Couch in 2016—has been helping clients do just that. “We do a lot of consulting to identify vulnerabilities, and we offer action plans for companies based on potential storm scenarios,” Orgeron Jr. says. Some of those clients include large oil and gas companies with operations along the Mississippi River that cannot afford to be shut down for any extended period. “Before Hurricane Ida hit, we pre-positioned equipment inside some facilities, and we had guys responding the day after the storm to clear the area and assess the damage,” Orgeron Jr. says. During the immediate response to Hurricane Ida in 2021, the company’s work involved more than keeping the business locations up and running; they needed to help a business’ employees find a place to live. “We have a home stabilization contract with one oil and gas company designed to make sure their employees can get back to work as comfortably and quickly as possible,” Orgeron Jr. says. Reprinted courtesy of David McMillin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Quick Note: COVID-19 Claim – Proving Causation

August 03, 2020 — David Adelstein - Florida Construction Legal Updates
In certain jurisdictions, the number of people testing positive for COVID-19 is on the rise. As this occurs, there is the possibility that a construction project will have to deal with one or more workers testing positive. That is the current reality. If the dialogue has not occurred before, now is the time to discuss any enhanced measures—above OSHA guidelines—that could be implemented to address this reality and mitigate the risk. Part of the reality, though, is that regardless of the enhanced measures and mitigation, it is impossible to truly prevent this risk. No one disputes COVID-19. There may be a dispute as to whether COVID-19 constitutes a force majeure event or some other event, however, before you start labeling it, you still NEED TO PROVE the impact caused by COVID-19. There needs to be a cause-and-effect relationship so you can address (i) how this impacted the critical path of your schedule and/or (ii) how this impacted labor productivity. In other words, you need to prove causation. Stating there was a delay or loss of productivity without establishing the cause-and-effect relationship (i.e, causation) provides no value because it does not support the production impact or time extension and, without either, there is no basis for additional compensation (even if you establish it should be deemed an excusable, compensable delay). Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

New York Considers Amendments to Construction Industry Wage Laws that Would Impose Significant Burden Upon Contractors

August 04, 2021 — Richard W. Brown & Michael D. Angotti - Saxe Doernberger & Vita, P.C.
A bill that would amend the the wage and hour requirements of the New York Labor Law was recently passed by the New York State Legislature and is expected to be signed by Governor Cuomo. Bill Number S2766C (the “Bill”) is intended to protect construction workers against wage theft. However, it places a heavy burden on contractors to police the payroll practices of its downstream subcontractors and exposes them to potentially significant liability for the wage and hour violations of their subcontractors. The proposed Bill would make a contractor or upstream subcontractor jointly and severally liable for any wages owed to employees of their subcontractors. The Bill allows for a private right of action for such subcontractor’s employee (or such employee’s representative) to bring a civil or administrative action seeking payment of unpaid wages owed pursuant to Section 198 of the New York Labor Law. In such an action against a subcontractor for unpaid wages, the contractor or upstream subcontractor is not only jointly and severally liable for any unpaid wages, but also for the prevailing claimant’s reasonable attorney fees, prejudgment interest, and, absent a good faith defense, liquidated damages equal to the amount of the wages owed. Reprinted courtesy of Richard W. Brown, Saxe Doernberger & Vita, P.C. and Michael D. Angotti, Saxe Doernberger & Vita, P.C. Mr. Brown may be contacted at RBrown@sdvlaw.com Mr. Angotti may be contacted at MAngotti@sdvlaw.com Read the court decision
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Marlena Ellis Makes The Lawyers of Color Hot List of 2022

January 17, 2023 — Marlena Ellis - White and Williams LLP
In just her first year of practice, Marlena Ellis, Associate, is included in the Lawyers of Color Hot List of 2022. Marlena joined the firm in 2021 as a full-time associate practicing both Commercial Litigation, Insurance Coverage, and Bad Faith Practice. She advises a variety of clients including corporations, commercial entities and insurance companies in complex disputes and breach of fiduciary duty matters. The Lawyers of Color Hot List of 2022 honors junior and mid-level attorneys of color who exemplify integrity, leadership, and a passion for diversity in their roles. The selection committee spent months reviewing nominations to identify the right candidates for the list, and Marlena was one of the few chosen for this year. Read the court decision
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Reprinted courtesy of Marlena Ellis, White and Williams LLP
Ms. Ellis may be contacted at ellism@whiteandwilliams.com

How Your Disgruntled Client Can Turn Into Your Very Own Car Crash! (and How to Avoid It) (Law Tips)

January 21, 2019 — Melissa Dewey Brumback - Construction Law in North Carolina
Over the summer, I was involved in a car crash. It was *not* my fault– heck, I wasn’t even driving but riding shotgun. But it wasn’t my husband’s fault either. A guy pulling out of a parking lot was watching the traffic coming up the road, but failed to see our car sitting in the same intersection waiting to turn into the same parking lot. He ran right into us. It may not look like much, but the panels were so damaged it cost almost $9k in damages, over a month of car rental fees, and a LOT of aggravation on our part. The guy who hit us was very nice, apologized, and was concerned if we were injured. His insurance company ultimately paid for all of the damage. However– it wasn’t he who suddenly got a new part time job– that was me. I had to spend lots of time with police, insurance representatives, auto body mechanics, rental car places, you name it. If you’ve ever been in an accident, you know the headache involved. In fact, I have had 2 other accidents over the years (again, neither of which were my fault– I think I’m just a beacon for bad drivers?). One of those accidents was a 4 car accident– a driver hit my car, pushing it into the car ahead, which went into the car ahead of that. In that accident, my car was actually totaled. Fun times! How is this relevant to your life as an architect or engineer? If you stay in the game (that is, the design field) long enough, chances are, you will, at some point, end up dealing with disgruntled clients. One of those clients may even file a lawsuit against you. Or, for that matter, you may end up getting sued by another party involved in your construction projects– one that you don’t even have a contract with. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights

June 13, 2018 — Matt T. Paxton - Ahlers Cressman & Sleight PLLC Blog
In Washington, persons furnishing labor, professional services, material, or equipment for improvements of real property are generally entitled to a lien on that property, but only if their labor is furnished at the direction of the owner or the owner’s “construction agent.”[1] Whether a lien attaches, therefore, can turn on whether the person directing work is the owner’s construction agent. Washington’s mechanic’s lien statute defines “construction agent” as “any registered or licensed contractor, registered or licensed subcontractor, architect, engineer, or other person having charge of any improvement to real property, who shall be deemed the agent of the owner for the limited purpose of establishing the lien created by this chapter.”[2] Read the court decision
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Reprinted courtesy of Matt T. Paxton, Ahlers Cressman & Sleight PLLC
Mr. Paxton may be contacted at matt.paxton@acslawyers.com

Gordie Howe Bridge Project Team Looks for a Third Period Comeback

September 26, 2022 — Jeff Yoders - Engineering News-Record
The late Detroit Red Wings hockey great Gordie Howe was beloved in his native Canada and in his adopted U.S. home. A new international bridge connecting both places is trying to create similar goodwill for border traffic, but the project’s public-private partnership team and the Canadian government authority it is working for will have to join together to shift lines and mount a comeback in the third period of its construction. Reprinted courtesy of Jeff Yoders, Engineering News-Record Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES