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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


    It Was a Wild Week for Just About Everyone. Ok, Make that Everyone.

    Exact Dates Not Needed for Construction Defect Insurance Claim

    Coyness is Nice. Just Not When Seeking a Default Judgment

    Billion-Dollar Power Lines Finally Inching Ahead to Help US Grids

    3D Printing Innovations Enhance Building Safety

    Denver’s Proposed Solution to the Affordable Housing Crisis

    Insurance Policy Language Really Does Matter

    Sources of Insurance Recovery for Emerging PFAS Claims

    Replacement of Defective Gym Construction Exceeds Original Cost

    Court of Appeal: Privette Doctrine Does Not Apply to Landlord-Tenant Relationships

    Kentucky Supreme Court Creates New “Goldilocks Zone” to Limit Opinions of Biomechanical Experts

    A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured

    Atlanta Hawks Billionaire Owner Plans $5 Billion Downtown Transformation

    You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim

    What if the "Your Work" Exclusion is Inapplicable? ISO Classification and Construction Defect Claims.

    First Circuit Rules Excess Insurer Must Provide Coverage for Fuel Spill

    Governmental Immunity Waived for Independent Contractor - Lopez v. City of Grand Junction

    Can a Lease Force a Tenant's Insurer to Defend the Landlord?

    Water Intrusion Judged Not Related to Construction

    Building Inspector Jailed for Taking Bribes

    Traub Lieberman Partner Greg Pennington Wins Summary Judgment in Favor of Property Owner

    More Musings From the Mediation Trenches

    Cameron Kalunian to Speak at Casualty Construction Defect Seminar

    Workarounds for Workers' Comp Immunity: How to Obtain Additional Insured Coverage when the Named Insured is Immune from Suit

    Fracking Fears Grow as Oklahoma Hit by More Earthquakes Than California

    Res Judicata Bars Insured from Challenging Insurer's Use of Schedule to Deduct Depreciation from the Loss

    Dorian Lashes East Canada, Then Weakens Heading Out to Sea

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    Williams v. Athletic Field: Hugely Important Lien Case Argued Before Supreme Court

    How to Fix America

    Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work

    Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage

    MBIA Seeks Data in $1 Billion Credit Suisse Mortgage Suit

    Insureds' Summary Judgment Motion on Mold Limitation Denied

    Some Coastal Cities Are Sinking Even Faster Than Seas Are Rising

    Car Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured Coverage

    Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product

    Iowa Apartment Complex Owners Awarded Millions for Building Defects

    Utilities’ Extreme Plan to Stop Wildfires: Shut Off the Power

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    The Future of High-Rise is Localized and Responsive

    Senator Ray Scott Introduced a Bill to Reduce Colorado’s Statute of Repose for Construction Defect Actions to Four Years

    Construction Litigation Roundup: “How Bad Is It?”

    DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations

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    2011 West Coast Casualty Construction Defect Seminar – Recap

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    SNC-Lavalin’s Former Head of Construction Pleads Guilty to Bribery, Money Laundering

    Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

    Irvine Partner Cinnamon J. Carr and Associate Brittney H. Aquino Prevail on Summary Judgment
    Corporate Profile

    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. Leveraging 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

    Self-Storage Magnates Cash In on the Surge in Real Estate

    August 06, 2014 —
    Kelsey Smith is a single mother who works as a waitress in Midvale, Utah, and lives with a roommate in a small apartment in the Sugar House neighborhood of Salt Lake City. Smith, 26, pays $500 a month for daycare for her 3-year-old, which makes it hard to get by on a waitress’s pay. She says she’s had to move to cheaper lodgings six or seven times. Rather than drag all her belongings with her, Smith rents a 10-foot-by-15-foot (3-meter-by-5-meter) self-storage unit, for which she pays $80 a month -- as much as two shifts’ worth of wages and tips. The unit contains furniture and other items she’s accumulated over the years -- “just the things you’d need if you had a home,” she says. “People don’t want to let go.” Millions of Americans are like Kelsey Smith, Bloomberg Markets magazine will report in its September issue. They’ve got furniture and old photos, children’s toys and bric-a-brac that they’re loath to give up, yet they can’t find a place for it in their homes, garages or apartments. Read the court decision
    Read the full story...
    Reprinted courtesy of Hui-yong Yu, Bloomberg
    Hui-yong Yu may be contacted at hyu@bloomberg.net

    Loss Caused by Subcontractor's Faulty Work Covered in Georgia

    January 17, 2013 —

    The Georgia Court of Appeals found a subcontractor was covered under a CGL policy for loss caused by alleged faulty workmanship. Maxum Indem. Co. v. Jimenez, 2012 Ga. App. LEXIS 970 (Ga. Ct. App. Nov. 20, 2012).

     

    Jimenez was hired as a subcontractor to install pipes for a dormitory construction project at Georgia Southern University. Subsequent to the construction, a pipe burst occurred at the dormitory, causing damage to several units. After a jury trial, Jimenez was found liable for $191,382 in damages that arose from his negligent pipe work. 

     

    Jimenez was insured under a CGL policy issued by Maxum. Maxum filed a suit for a declaratory judgment, seeking a declaration that the claim against Jimenez was not covered.

    Read the court decision
    Read the full story...
    Reprinted courtesy of Tred Eyerly
    Tred Eyerly can be contacted at te@hawaiilawyer.com

    Ortega Outbids Pros to Build $10 Billion Property Empire

    March 19, 2014 —
    Amancio Ortega Gaona, already the world’s fourth-richest person based on the success of his Zara fashion retail stores, has quietly amassed a real estate empire worth as much as $10 billion and is emerging as a formidable competitor for prime properties from London to Beverly Hills. Relying on all-cash offers, he has outbid the world’s biggest institutional funds and professional property investors, such as Tishman Speyer Properties LP. “He’s at the very highest levels of high net worth investment and competing with some of the biggest sovereign wealth funds for the primest properties in the market,” said Joseph Kelly, director of market analysis for Real Capital Analytics in London, a real estate research firm. Read the court decision
    Read the full story...
    Reprinted courtesy of Jesse Drucker, Bloomberg
    Mr. Drucker may be contacted at jdrucker4@bloomberg.net

    California Limits Indemnification Obligations of Design Professionals

    August 24, 2017 —
    The California legislature recently enacted legislation – SB 496 – limiting a design professional’s indemnification obligations in private contracts related to design services. The term “design professional” refers to licensed architects, landscape architects and professional land surveyors, and registered professional engineers. As revised, Cal. Civ. Code § 2782.8 states that, for all contracts entered into on or after January 1, 2018 for design professional services, all provisions that purport to have the design professional indemnify the indemnitee for claims against the indemnitee – or require the design professional to provide a defense to the indemnitee – are unenforceable except to the extent that the claims against the indemnitee arise out of, or relate to, the negligence, recklessness or willful misconduct of the design professional. In addition, as revised, § 2782.8 limits a design professional’s liability for the cost of defense to the design professional’s percentage of fault. Read the court decision
    Read the full story...
    Reprinted courtesy of William L. Doerler, White and Williams LLP
    Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

    Illinois Town Sues over Construction Defects at Police Station

    October 08, 2013 —
    The Chicago suburb of Northlake has filed a lawsuit against the designers and builders of its police station, claiming that the building leaks due to design and construction flaws. The building was finished in 2009 and flooded in 2010, 2011, and 2013. Northlake mayor Jeffrey Sherwin said that “a building that’s flooded three times in three years is kind of extreme.” In addition to requiring the replacement of carpet and drywall, the flooding disrupted police service and damaged both police and personal property. Mr. Sherwin noted that the city has tried to settle with the architects and contractors, but no settlement had been Read the court decision
    Read the full story...
    Reprinted courtesy of

    Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

    November 06, 2023 —
    Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a crane)? The answer depends on what is in your contract. Under ConsensusDocs, a constructor must give its permission to use any equipment or supplies left at the worksite, such as a crane.[i] Moreover, the owner must indemnify the constructor for using their equipment. This makes sense because even if a constructor were appropriately terminated for cause, using their equipment and materials they no longer possess or control unfairly creates additional liability exposure. At a minimum, the owner should take on the risk of using the equipment and materials since they benefit from such use. Read the court decision
    Read the full story...
    Reprinted courtesy of Brian Perlberg, ConsensusDocs Coalition
    Mr. Perlberg may be contacted at bperlberg@ConsensusDocs.org

    Traub Lieberman Partner Lisa M. Rolle Obtains Pre-Answer Motion to Dismiss in Favor of Defendant

    August 16, 2021 —
    Traub Lieberman Partner Lisa M. Rolle obtained a motion to dismiss in favor of an international hotel chain. In the case brought before the U.S. District Court, Southern District of New York, the Plaintiff sustained a slip and fall injury in a Portuguese hotel (“Hotel”), which was allegedly caused by violations of building codes and New York and Portuguese negligence laws. The Plaintiff notes that the Hotel utilized the branding affiliated with the international hotel chain, and the named corporate entities are subsidiaries of the parent company of the international hotel chain. Further, Plaintiff alleged that the named corporate entities “owned, operated, maintained, and controlled” the Hotel where the accident occurred, as the international hotel had previously acquired the entity which owned the spa branding utilized. In moving for pre-answer dismissal, Traub Lieberman acknowledged purchase of the managing agent of the Hotel, which became a subsidiary of their operations. However, Traub Lieberman asserted that the international hotel chain had not owned, operated, maintained, or managed the Hotel. Under New York law, parent corporations cannot be held liable for the actions of their subsidiaries, except in cases that support piercing the corporate veil. Traub Lieberman argued that the motion should be granted as a parent company cannot be held liable for acts committed by its subsidiary and further claimed that the parent company has never owned or operated the Hotel. Read the court decision
    Read the full story...
    Reprinted courtesy of Lisa M. Rolle, Traub Lieberman
    Ms. Rolle may be contacted at lrolle@tlsslaw.com

    CSLB’s Military Application Assistance Program

    October 20, 2016 —
    Who knew? I didn’t. Military Applicants, with Proper Forms, Move to Front of Line for Contractor License Processing SACRAMENTO – The Contractors State License Board (CSLB) salutes U.S. military personnel for their service and offers expedited application processing by specially trained staff to veterans seeking to become licensed contractors. Unfortunately, not all veterans applying for California contractor licenses are able to take advantage of this opportunity because they do not submit the forms required for this service. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com