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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


    The Economic Loss Rule and the Disclosure of Latent Defects: In re the Estate of Carol S. Gattis

    False Implied Certifications in Making Payment Requests: What We Can Learn from Lance Armstrong

    Loss Ensuing from Alleged Faulty Workmanship is Covered

    Biden Administration Issues Buy America Guidance for Federal Infrastructure Funds

    Saudi Arabia Awards Contracts for Megacity Neom’s Worker Housing

    NYC Airports Get $500,000 Makeover Contest From Cuomo

    Take Advantage of AI and Data Intelligence in Construction

    Loss Ensuing from Faulty Workmanship Covered

    Texas exclusions j(5) and j(6).

    Three Firm Members Are Top 100 Super Lawyers & Ten Are Recognized As Super Lawyers Or Rising Stars In 2018

    Judge Tells DOL to Cork its Pistol as New Overtime Rule is Blocked

    Building Down in November, Even While Home Sales Rise

    Happy New Year from CDJ

    U.S., Canada, Mexico Set New Joint Clean-Energy Goal

    Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes

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    9th Circuit Closes the Door on “Open Shop” Contractor

    Client Alert: Court Settles Conflict between CCP and Rules of Court Regarding Demurrer Deadline Following Amended Complaint

    Architect Sues School District

    EPA Announces that January 2017 Revised RMP Rules are Now Effective

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    Addenda to Construction Contracts Can Be an Issue

    Update: New VOSH Maximum Penalties as of July 1

    Your Work Exclusion Applies to Damage to Tradesman's Property, Not Damage to Other Property

    Applying Mighty Midgets, NY Court Awards Legal Expenses to Insureds Which Defeated Insurer’s Coverage Claims

    Wall Failure Due to Construction Defect Says Insurer

    Insurer’s Duty to Indemnify Not Ripe Until Underlying Lawsuit Against Insured Resolved

    Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates, Trouble for the Real Estate Market and Real Estate as a Long-Term Investment

    Property Owner Found Liable for Injuries to Worker of Unlicensed Contractor, Again

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    Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision

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    Register and Watch Partner John Toohey Present on the CLM Webinar Series!

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    Real Estate & Construction News Round-Up (08/10/22)

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    Serving Notice of Nonpayment Under Miller Act

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    Real Estate & Construction News Round-Up (11/02/22) – Flexible Workspaces, Sustainable Infrastructure, & Construction Tech
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Cambridge, Massachusetts Building Expert Group provides a wide range of trial support and consulting services to Cambridge's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Cambridge, Massachusetts

    Good Signs for Housing Market in 2013

    December 20, 2012 —
    Dan Green, a loan officer at Waterstone Mortgage, is optimistic about the construction market in 2013. He notes that the rise in building permit, housing starts, and housing completions are all good signs. Mortgage rates are still low, making these new homes attractive to buyers. Read the court decision
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    Reprinted courtesy of

    HUD Homeownership Push to Heed Lessons From Crisis, Castro Says

    January 14, 2015 —
    Now that regulators have fixed the worst abuses of the 2008 credit crisis, it’s time to start promoting homeownership again, according to the top U.S. housing official. The Department of Housing and Urban Development will do its part, spending this year focusing on ways to help more Americans buy homes, HUD Secretary Julian Castro said today in a Washington speech outlining the agency’s priorities. Read the court decision
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    Reprinted courtesy of Clea Benson, Bloomberg
    Ms. Benson may be contacted at cbenson20@bloomberg.net

    Superior Court Of Pennsylvania Holds Curb Construction Falls Within The Scope Of CASPA

    September 17, 2014 —
    In Prieto Corp. v. Gambone Construction Co., the Superior Court of Pennsylvania recently considered three issues arising out of a construction dispute, including whether construction of a curb falls within the scope of the Contractor and Subcontractor Payment Act (CASPA), 73 P.S. §§ 501-516. CASPA is a Pennsylvania statute which is intended to protect contractors and subcontractors from abuses in the building industry and which establishes certain rules and deadlines for payments between owners, contractors, and subcontractors. Failure to abide by the act’s payment requirements subjects an owner or contractor to liability for interest, penalties and attorneys fees. In this case, Prieto was a subcontractor hired by Gambone to construct concrete or Belgian block curbs at Gambone’s property developments. Prieto sued Gambone under CASPA for failure to pay its invoices for four projects. After the trial court entered judgment for Prieto, Gambone appealed, arguing that CASPA did not encompass the work at issue, i.e. the construction of curbs, because curbs did not constitute an improvement to real property. Reprinted courtesy of Jerrold Anders, White and Williams LLP and Michael Jervis, White and Williams LLP Mr. Anders may be contacted at andersj@whiteandwilliams.com; Mr. Jervis may be contacted at jervism@whiteandwilliams.com Read the court decision
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    Reprinted courtesy of

    Rhode Island Sues 13 Industry Firms Over Flawed Interstate Bridge

    September 23, 2024 —
    In an attempt to recoup any money Rhode Island will owe to others for rerouting traffic on half of a high-volume interstate bridge in Providence after structural flaws had been detected, the state Dept. of Transportation filed a lawsuit Aug. 16 against 13 engineers and contractors that had inspected or performed work on the Washington Bridge in the last decade. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    How to Defend Stucco Allegations

    February 07, 2014 —
    Managing partner Paul McBride discusses how to defend stucco defect allegations in his article in Kring & Chung, LLP’s online publication. According to McBride, about “80% of construction defect lawsuits which [Kring & Chung] defend involve stucco-clad houses.” In the article, McBride addresses “improper building paper installation and stucco cracks.” “If you are defending the stucco subcontractor,” McBride advises to look “first, at the windows section of the plaintiffs’ defect report and cost of repair estimate.” He explains that “this is the section where the plaintiffs’ expert will allege water intrusion that will be allocation to your stucco subcontractor.” McBride declares that the “most important thing to understand about stucco cracks is that stucco cracking is common. This is both a common sense observation and a perfectly valid legal defense.” Read the court decision
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    Reprinted courtesy of

    Lauren Motola-Davis Honored By Providence Business News as a 2021 Leader & Achiever

    August 04, 2021 —
    Providence Managing Partner Lauren Motola-Davis was recently named a 2021 Leader & Achiever by Providence Business News (PBN). Ms. Motola-Davis, along with 21 other honorees, will be recognized during an in-person ceremony on August 26 at 5:30 p.m. ET at the Aldrich Mansion in Warwick, Rhode Island. The Leaders & Achievers Award Program recognizes individuals for their notable success and strong leadership both in their fields and to the region. Honorees were chosen based on their long-standing commitment to the business community as well as a sustained demonstration of leading others, community service, and mentoring. Read the court decision
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    Reprinted courtesy of Lauren Motola-Davis, Lewis Brisbois
    Ms. Motola-Davis may be contacted at Lauren.MotolaDavis@lewisbrisbois.com

    Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations

    November 01, 2022 —
    Under the Miller Act, a claim against a Miller Act payment bond must be commenced “no later than one year after the date on which the last of the labor was performed or material was supplied by the person bringing the action.” 40 U.S.C. s. 3133(b)(4). Stated another way, a claimant must file its lawsuit against the Miller Act payment bond within one year from its final furnishing on the project. Filing a lawsuit too late, i.e., outside of the one-year statute of limitations, will be fatal to a Miller Act payment bond claim. This was the outcome in Diamond Services Corp. v. Travelers Casualty & Surety Company of America, 2022 WL 4990416 (5th Cir. 2022) where a claimant filed a Miller Act payment bond lawsuit four days late. That four days proved to be fatal to its Miller Act payment bond claim and lawsuit. Do not let this happen to you! In Diamond Services Corp., the claimant submitted a claim to the Miller Act payment bond surety. The surety issued a claim form to the claimant that requested additional information. The claimant returned the surety’s claim form. The surety denied the claim a year and a couple of days after the claimant’s final furnishing. The claimant immediately filed its payment bond lawsuit four days after the year expired. The claimant argued that the surety should be equitably estopped from asserting the statute of limitations in light of the surety’s letter requesting additional information. (The claimant was basically arguing that the statute of limitations should be equitably tolled.) The trial court dismissed the Miller Act payment bond claim finding it was barred by the one-year statute of limitations and that equitable estoppel did not apply. 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

    Insurer's Motion to Dismiss Business Interruption, COVID-19 Claims Under Pollution Policy Fails

    January 11, 2022 —
    The insurer was unsuccessful in seeking to dismiss business interruption claims due to COVID-19 under a pollution policy. New York Botanical Garden v. Allied World Assur., 2021 N.Y. Misc. LEXIS 6012 (N.Y. Sup. Ct. Oct.15, 2021). The insured was forced to cease operation after executive orders by the governor and mayor were issued in March 2020. The insured also had to reduce its in-person workforce by 100%. The insured's claim for business interruption and contingent business interruption were denied by Allied. The insured sued for a declaratory judgment. Allied moved to dismiss, arguing that the executive orders were issued for prophylactic reasons in an effort to mitigate the spread of the virus. They were not issued solely to address the presence of COVID-19 at any non-insured owned location, but were issued broadly to limit the risk of spreading the COVID-19 virus. The insured responded that its broader pollution liability policy was not a typical civil authority policy that required the physical loss or damage to property. 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