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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
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    Assignment of Construction Defect Claims Not Covered

    Indemnification Against Release/“Disposal” of Hazardous Materials

    Delaware Supreme Court Choice of Law Ruling Vacates a $13.7 Million Verdict Against Travelers

    Carin Ramirez and David McLain recognized among the Best Lawyers in America© for 2021

    Meet Daniel Hall, Assistant Professor at TU Delft

    Standard Lifetime Shingle Warranties Aren’t Forever

    Low Interest Rates Encourages Homeowners to become Landlords

    Water Bond Would Authorize $7.5 Billion for California Water Supply Infrastructure Projects

    Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

    Construction Law Alert: Concrete Supplier Botches Concrete Mix, Gets Thrashed By Court of Appeal for Trying to Blame Third Party

    You’re Only as Good as Those with Whom You Contract

    Perovskite: The Super Solar Cells

    Construction Law Alert: Builder’s Alternative Pre-litigation Procedures Upheld Over Strong Opposition

    Angela Cooner Appointed Vice-Chair of Arizona’s Inaugural Board of Legal Specialization Construction Defect Law Advisory Commission

    Florida Lawmakers Fail to Reach Agreement on Condominium Safety Bill

    Miller Wagers Gundlach’s Bearish Housing Position Loses

    Florida Legislative Change Extends Completed Operations Tail for Condominium Projects

    The Fair Share Act Impacts the Strategic Planning of a Jury Trial

    Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback

    Domtar Update

    Mexico Settles With Contractors for Canceled Airport Terminal

    US-Mexico Border Wall Bids Include Tourist Attraction, Solar Panels

    Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums

    Homebuilding Still on the Rise

    Draft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 Losses

    Back to Basics – Differing Site Conditions

    Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule

    New York Converting Unlikely Buildings into Condominiums

    Partner Denis Moriarty and Of Counsel William Baumgaertner Listed in The Best Lawyers in America© 2017

    Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal

    Sixth Circuit Affirms Liability Insurer's Broad Duty to Defend and Binds Insurer to Judgment Against Landlord

    How to Build a Water-Smart City

    Turkey Digs Out From a Catastrophe

    Housing Starts Surge 23% in Comeback for Canadian Builders

    Five Lewis Brisbois Attorneys Named “Top Rank Attorneys” by Nevada Business Magazine

    Fixing the Problem – Not the Blame

    Mandatory Arbitration Isn’t All Bad, if. . .

    Velazquez Framing, LLC v. Cascadia Homes, Inc. (Take 2) – Pre-lien Notice for Labor Unambiguously Not Required

    Consulting Firm Indicted and Charged with Falsifying Concrete Reports

    'Major' Mass. Gas Leak Follows Feds Call For Regulation Changes One Year After Deadly Gas Explosions

    Real Estate & Construction News Round-Up 01/26/22

    The Cross-Party Exclusion: The Hazards of Additional Named Insured Provisions

    Caltrans Hiring of Inexperienced Chinese Builder for Bay Bridge Expansion Questioned

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

    Top 10 Hurricane Preparedness Practices for Construction Sites

    Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage

    California Limits Indemnification Obligations of Design Professionals

    Render Unto Caesar: Considerations for Returning Withheld Sums

    Warranty of Workmanship and Habitability Cannot Be Disclaimed or Waived Under Any Circumstance

    Contractor Covered for Voluntary Remediation Efforts in Completed Homes
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
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    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.

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    Singapore Unveils Changes to Make Public Housing More Affordable

    September 23, 2019 —
    Singapore may increase its supply of public housing next year as the city-state introduced measures Tuesday aimed at making such homes more affordable. Minister for National Development Lawrence Wong said the measures would help more Singaporeans from lower to upper-middle income households buy their first homes. The Housing & Development Board, which is the body responsible for public housing, would probably have to increase supply in 2020 to meet the additional demand expected to stem from the changes, according to a joint statement from MND and HDB. Read the court decision
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    Reprinted courtesy of Katrina Nicholas & Joyce Koh, Bloomberg

    UPDATE: Trade Secrets Pact Allows Resumed Work on $2.6B Ga. Battery Plant

    April 19, 2021 —
    Construction on a $2.6-billion battery manufacturing plant near Atlanta can continue under an agreement reached April 11 between two rival South Korean auto battery makers—including SK Innovation, which is owner of the half-completed project. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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    Reprinted courtesy of

    What Buyers Want in a Green Home—and What They Don’t

    March 19, 2014 —
    Jennifer Goodman interviewed researcher Suzanne Shelton to find out what buyers want in a green home and what they do not. The questions and answers were published in Big Builder. Shelton has studied “Americans’ thoughts on environmental and energy issues” for the last ten years. Goodman wrote that while the term “high-performance” is often used by “builders and their advisors,” the term doesn’t resonate with buyers. In fact, in last fall’s Energy Pulse study, eighty-four percent of Americans said no when asked “if they could confidently and correctly explain the term ‘high-performance home’ to a friend.” Goodman and Shelton also discussed the best way to market green features. Shelton pointed out that in surveys “energy-efficient home… clobbered ‘green home’ year over year.” Furthermore, she found that “80 percent of prospective home buyers tell us…all other things being equal, energy efficiency would impact their home selection.” Read the court decision
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    Reprinted courtesy of

    Housing Buoyed by 20-Year High for Vet’s Loans: Mortgages

    July 23, 2014 —
    During his third deployment in Afghanistan, Air Force Staff Sgt. Claude Hunter was so eager to return to the U.S. and buy a house that he signed a contract for a property that his agent showed him over Skype. Hunter got back in time to close the deal, paying $219,000 in May for the four-bedroom Waldorf, Maryland, house that he financed with a U.S. Department of Veterans Affairs mortgage. It didn’t require a down payment. “On Facebook, my friends have started posting: ‘I got my VA loan, I got my house,’” said Hunter, 31. “Everybody is just ready. A lot of them have done their jobs overseas and are coming home.” America’s fragile housing recovery is getting a boost from military buyers using VA mortgages as the U.S. draws down troops after more than a decade of combat in Iraq and Afghanistan. About 4.7 million full-time troops and reservists served during the wars and many are now able to take advantage of one of the easiest and cheapest paths to homeownership. The program’s share of new mortgages, at a 20-year high, is also increasing as other types of government-backed loans have grown more costly. Mr. Gopal may be contacted at pgopal2@bloomberg.net; Ms. Shenn in New York at jshenn@bloomberg.net Read the court decision
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    Reprinted courtesy of Prashant Gopal and Jody Shenn, Bloomberg

    U.K. Construction Unexpectedly Strengthens for a Second Month

    March 05, 2015 —
    (Bloomberg) -- U.K. construction growth unexpectedly accelerated for a second month in February, led by a strengthening in homebuilding. Markit Economics said its Purchasing Managers’ Index rose to 60.1, the highest in four months, from 59.1 in January. It fell to a 17-month low of 57.6 in December. Economists forecast the gauge would slip to 59 in February, according to the median estimate in a Bloomberg News survey. Read the court decision
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    Reprinted courtesy of Bloomberg News
    Scott Hamilton may be contacted at shamilton8@bloomberg.net

    Washington Court Limits Lien Rights of Construction Managers

    August 17, 2011 —

    A newly filed, yet unpublished, court opinion opines that a construction manager cannot file a construction lien in Washington state. So, how far reaching is this opinion?

    In the case of Blue Diamond Group Inc. v. KB Seattle 1, Inc., et al, a New York construction manager filed a lien against the Westfield Southcenter Mall in Tukwila, Washington. The lien was filed after the owner of a coffee stand failed to pay Blue Diamond for consulting services used in the construction of a kiosk.

    Blue Diamond served as the owner’s agent, assisting with managing subcontractors, vendors and other tasks. The manager’s tasks also included paying invoices, managing deliveries, setting schedules and other site managerial tasks. Blue Diamond was not registered as a contractor under Washington’s RCW 18.27.

    Read the full story…

    Read the court’s decision…

    Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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    2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development Community

    January 24, 2018 —
    Last March, the Colorado General Assembly introduced House Bill 17-1279 concerning the requirement that a unit owners’ association obtain approval through a vote of unit owners before filing a construction defect action. The bill, passed in May, requires a home owners’ association to first notify all unit owners and the developer or builder of a potential construction defect action, call a meeting where both the HOA and developer or builder have an opportunity to present arguments and potentially remedy the defect, and obtain a majority vote of approval from the unit owners to pursue a lawsuit before bringing a construction defect action against a developer or builder. The bill amends C.R.S. § 38-33.3-303.5, which previously only required substantial compliance with the above-mentioned actions. Moreover, the previous version of C.R.S. § 38-33.3-303.5 did not require the HOA to perform these actions prior to a suit being filed. HB 17-1279 also removed the provision of C.R.S. § 38-33.3-303.5 that made it only applicable to buildings of five or more units. Read the court decision
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    Reprinted courtesy of Kaitlin Marsh-Blake, Gordon & Rees
    Ms. Marsh-Blake may be contacted at kmarsh-blake@grsm.com

    BIM Legal Liabilities: Not That Different

    February 10, 2020 —
    For this week’s Guest Post Friday here at Musings, we welcome Scott P. Fitzsimmons. Scott is an attorney with the construction law firm Watt, Tieder, Hoffar & Fitzgerald, where he represents contractors, subcontractors, owners, and engineers. He is also a LEED AP and an instructor for AGC of D.C., where he teaches BIM Contract Negotiation and Risk Allocation as part of AGC’s Certificate of Management, Building Information Modeling program. When a new technology is introduced to the construction industry, contractors inevitably ask themselves one question “Great, how can this new gadget get me into trouble?” Building Information Modeling (BIM) is exactly the kind of technology that raises this fear. But, BIM has been around for a few years now, and the construction industry has done a good job of curtailing the fear of unanticipated legal liability. Nevertheless, contractors should be aware of the pitfalls BIM introduces and should know how to limit their risk arising from this new “gadget.” Often described as “CAD on Steroids,” BIM is truly much more than a simple design program. Along with early clash detection, BIM provides time and cost integration; calculates energy efficiency; and assists building maintenance long after project completion. Unlike CAD, BIM also modifies the collaborative nature of a construction project. Thus, subcontractors no longer review a design, submit shop drawings, and go to work. Rather, subcontractors are brought into the design process early in the project and often are asked to contribute to the design long before construction begins. Asking a contractor or subcontractor to provide design services appears to shift the roles of an architect and a contractor. So, the questions abound: Is a contractor now responsible for design? Can the contractor be held responsible for defective design? Do not fret. To date, there has been only one advertised case addressing BIM liability. The reason is simple. For almost a hundred years, the United States Supreme Court has held that contractors are not responsible for defective design on a traditional design-bid-build project. Using BIM, therefore, should not modify a contractor’s responsibility. But, to ensure that your obligations do not extend beyond construction, all BIM requirements should be in writing and made part of your contract. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com