Cambridge Massachusetts Building Expert Directory

BHA’s Next MCLE Seminar in San Diego on July 25th

July 02, 2014 — Beverley BevenFlorez-CDJ STAFF
There are just three weeks remaining to sign up for Bert L. Howe & Associate’s next California MCLE seminar, UNDERSTANDING CONSTRUCTION DEFECT LITIGATION. This activity will be presented on Friday, July 25th at noon, in BHA’s San Diego offices, located at: 402 W. Broadway Suite 400 San Diego, CA 92101 There is no cost for attendance at this seminar and lunch will be provided. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of California Committee on MCLE in the amount of 1.0 credit hours, of which 0.0 credit hours will apply to legal ethics/professional responsibility credit. The seminar will be presented by Charlie Miller, general contractor and project manager. Water intrusion through doors, windows and roofing systems, as well as soil and foundation-related movement, and the resultant damage associated therewith, are the triggering effects for the vast majority of homeowner complaints today and serve as the basis for most residential construction defect litigation. The graphic and animation-supported workshop/lecture activity will focus on the residential construction process from site preparation through occupancy, an examination of associated damages most often encountered when investigating construction defect claims, and the inter-relationships between the developer, general contractor, sub trades and design professionals. Typical plaintiff homeowner/HOA expert allegations will be examined in connection with those building components most frequently associated with construction defect and claims litigation. The workshop will examine: • Typical construction materials, and terminology associated with residential construction • The installation process and sequencing of major construction elements, including interrelationship with other building assemblies • The parties (subcontractors) typically associated with major construction assemblies and components • An analysis of exposure/allocation to responsible parties. Attendance at THE UNDERSTANDING CONSTRUCTION DEFECT LITIGATION seminar will provide the attendee with: • A greater understanding of the terms and conditions encountered when dealing with common construction defect issues • A greater understanding of contractual scopes of work encountered when reviewing construction contract documents • The ability to identify, both quickly and accurately, potentially responsible parties • An understanding of damages most often associated with construction defects, as well as a greater ability to identify conditions triggering coverage To register for the event, please email Charlie Miller at cmiller@berthowe.com. If you have any questions, please feel free to contact Charlie at (800) 482-1822 (office) or (714) 353-1959 (cell). Read the court decision
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Witt Named to 2017 Super Lawyers

March 29, 2017 — Jesse Howard Witt - The Witt Law Firm
The Witt Law Firm is proud to announce that Super Lawyers has recognized lawyer Jesse Howard Witt as Top Rated Construction Litigation Attorney in Boulder Colorado. Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. Reprinted courtesy of Jesse Howard Witt, Acerbic Witt Mr. Witt may be contacted at www.witt.law Read the full story... Read the court decision
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Indemnity: What You Don’t Know Can Hurt You!

September 19, 2022 — Caitlin Kicklighter & Bill Shaughnessy - ConsensusDocs
Risk allocation between the parties is a critical component of any construction contract. Indemnity obligations can be some of the important risk-shifting provisions of any design or construction contract. Indemnity provisions typically require one party, the Indemnitor, to agree to “hold harmless,” and/or reimburse another party, the indemnitee, from claims and liability arising out of the party’s work. Considering the financial consequences that an indemnity provision can have on a construction project, it is critical that all parties to a construction contract know the legal implications of the contract indemnity provisions and understand any limitations in enforcing the indemnity provisions depending on the controlling jurisdiction. While most indemnity clauses and obligations are enforceable, many states have enacted anti-indemnity statutes prohibiting or restricting specific indemnification provisions. These anti-indemnity statutes afford protection to contractors and subcontractors not generally in a position to protect themselves from overly extensive indemnity obligations. This article highlights several examples of indemnity provisions typically seen in construction contracts, the measures are taken by a growing number of states to protect parties with less bargaining power in the form of anti-indemnity statutes, and offers practical considerations when negotiating or drafting indemnity provisions.[1] Reprinted courtesy of Caitlin Kicklighter, Emory Law Student (2024 Graduate), (ConsensusDocs) and Bill Shaughnessy, Jones Walker LLP (ConsensusDocs) Mr. Shaughnessy may be contacted at bshaughnessy@joneswalker.com Read the court decision
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NAHB Examines Single-Family Detached Concentration Statistics

April 01, 2014 — Beverley BevenFlorez-CDJ STAFF
In the National Association of Builders’ (NAHB) publication Eye on Housing, the NAHB examined “the share of homeowners living in single-family detached housing” statistics as reported in the 2012 American Community Survey (ACS). Wausau, Wisconsin had the highest share of homeowners living in single-family detached housing within a metropolitan area. Interestingly, NAHB found that “[w]ith the exception of Modesto, CA, all of the metropolitan areas in the top ten [were] located in the Midwest.” The New York-White Plains-Wayne (New York) division had the lowest share of homeowners living in single-detached housing. Read the court decision
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New Window Insulation Introduced to U.S. Market

February 04, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Construction Digital, Nitto has introduced PENJEREX, “a new transparent energy-saving window insulation film to the US Market” that may “satisfy the requirement for enhanced energy efficiency and CO2 reduction in the housing industry.” The film is transparent, while still providing insulation, which helps maintain “the natural look of the home,” reported Construction Digital. The product “is said to improve insulation by reducing heat transfer by 35 percent.” Read the court decision
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Home Construction Slows in Las Vegas

November 27, 2013 — CDJ STAFF
Although home builders in the Las Vegas area are doing better than they were in 2012, growth is still slow and October saw a decline in the sale of new homes. However, as with other areas, the average home price actually increased over prior months, despite the cooling off the actual number of sales. Taken as a whole though, 2013 looks a lot better than 2012, with 44% more homes sold this year. Dennis Smith, the president of Home Builders Research said that 2013 “will be remembered as ‘the year of recovery,’” but added that “there is still a long path ahead for everyone to feel a sense of comfort.” Read the court decision
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A Proactive Approach to Construction Safety

February 20, 2023 — The Hartford Staff - The Hartford Insights
The number of injuries and illnesses in the construction industry is trending downward, but companies need to continue making worker safety a priority – especially as they address the ongoing labor shortage. According to the most recent data from the U.S. Bureau of Labor Statistics, the incident rate of nonfatal injuries and illnesses in the construction industry was 2.5 per 100 full-time employees.1 The total number of cases of nonfatal injuries and illnesses in the industry was 174,100.2 These numbers are lower than the incident rates and total cases in 2019 and 2018.3, 4, 5, 6 Despite the declining trend of injuries, professionals at The Hartford believe construction firms need to keep worker safety at the forefront as they address the ongoing talent and labor shortage in construction. Companies are getting creative to find workers. From recruiting veterans to working closely with trade schools, construction firms are trying to find skilled laborers to meet project deadlines. Read the court decision
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Asbestos Client Alert: Court’s Exclusive Gatekeeper Role May not be Ignored or Shifted to a Jury

February 07, 2014 — Lee Marshall and Chandra L. Moore - Haight Brown & Bonesteel, LLP
In Estate of Henry Barabin v. AstenJohnson, Inc., - F.3d -, 2014 U.S. App. LEXIS 774, 2014 WL 129884 (9th Cir., Jan. 15, 2014) en banc, the Ninth U.S. Circuit Court of Appeals vacated a $10.2 million judgment in the Plaintiffs’ favor in a case where Plaintiff alleged that occupational exposure to asbestos from dryer felts caused his mesothelioma. The Ninth Circuit held that the district court abused its discretion by neglecting its duty as a “gatekeeper” under Daubert v. Merrell Dow Pharms., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993), and Federal Rule of Evidence 702, by improperly admitting expert testimony at trial without first determining its reliability. The en banc court held that admitting the testimony on the debated theory that “each asbestos fiber causes mesothelioma” was prejudicial error and the court remanded the case for a new trial. The court also held that a reviewing court has the authority to make Daubert findings based on the record established by the district court, but in the instant case, the record was “too sparse” to determine whether the expert testimony was relevant and reliable or not. This ruling is a victory for the defense in that it reaffirms the federal court’s exclusive gatekeeper role and holds that the role may not be ignored or shifted to a jury. Unfortunately, the court did not go so far as to evaluate the inherent reliability of expert opinions based on the theory that “each asbestos exposure causes mesothelioma.” As such, it did not provide guidance as to what specific foundational requirements are required to admit, or exclude, these types of opinions under a Daubert analysis. In Barabin, Plaintiff alleged he was exposed to asbestos while working at a paper mill with dryer felts manufactured and supplied by Defendants. The issue was whether the dryer felts substantially contributed to Barabin’s development of mesothelioma, a determination that required expert testimony. Reprinted Courtesy of Lee Marshall, Haight Brown & Bonesteel, LLP and Chandra L. Moore, Haight Brown & Bonesteel, LLP Mr. Lee may be contacted at lmarshall@hbblaw.com and Ms. Moore may be contacted at cmoore@hbblaw.com. Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES