Cambridge Massachusetts Building Expert Directory

Ornate Las Vegas Palace Rented by Michael Jackson for Sale

August 13, 2014 — Emily Heffter – Bloomberg
A unique and ornate palace for sale in Las Vegas was home to Michael Jackson in the strange and isolated years before his death. In fact, the King of Pop was the last tenant in the 24,000-square-foot estate, and his portrait still hangs above the fireplace. Jackson eschewed the main house and lived in the guest villa while he was rehearsing for his Las Vegas show, The One, from 2007-2009, according to listing agent Eddy Martinez of Miami Beach-based Worldwide Properties. To avoid the paparazzi, Jackson traveled through a tunnel under the main house and got directly into a car parked at the end of it, Martinez said. The Hacienda Palomino has only had two owners since theater developer Horst Schmidt built it in 1952. The home at 2710 Palomino Ln is "enchanting," said Martinez, and the property's unique features — including a musical note insignia used as an architectural feature — intrigued the late superstar. Read the court decision
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Reprinted courtesy of Emily Heffter, Bloomberg

Pending Sales of U.S. Existing Homes Increase 0.8% in November

January 07, 2015 — Michelle Jamrisko – Bloomberg
Contracts to purchase previously owned homes rose in November as employment gains and low borrowing costs helped bring potential buyers into the market. The pending home sales index advanced 0.8 percent after a revised 1.2 percent decrease in October, the National Association of Realtors said today in Washington. The median projection in a Bloomberg survey of economists called for the index to rise 0.5 percent, with estimates ranging from a decline of 1.5 percent to an advance of 3.5 percent. Read the court decision
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Reprinted courtesy of Michelle Jamrisko, Bloomberg
Ms. Jamrisko may be contacted at mjamrisko@bloomberg.net

Concrete Worker Wins Lawsuit and Settles with Other Defendant

December 04, 2013 — CDJ STAFF
Hildo De Franca was injured in 2010 while pouring concrete for a residence in Perkasie, Pennsylvania. According to the lawsuit, when a concrete line plugged, the truck operator increased pump pressure, despite this not being the appropriate procedure. Mr. De Franca was injured when the hose snapped back after the clog burst free. Mr. De Franca sued both the Trans-Fleet Concrete Inc. and Albino Concrete Construction. Mr. De Franca was employed by a third party, Girafa Construction Inc., which had been hired by Albino. Albino Construction settled with Mr. De Franca for $500,000. Trans-Fleet did not settle. The judgment against them was for $2.25 million, of which $2 million was for pain and suffering. As a result of the accident, Mr. De Franca suffered a mild brain injury and a compression fracture in his spine. Read the court decision
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Construction Defect Headaches Can Be Avoided

February 21, 2013 — CDJ STAFF
Construction defect claims can be an avoidable headache, if builders apply some forethought. Mark J. Peschel of Johnson & Lindberg, a Bloomington, Minnesota law firm, points out that simply says that windows should be weatherproofed by appropriate flashing, without any guidance on accomplishing that. He notes that “builders tend not to know the weatherproofing code provisions as well as they should.” Another lawyer, Eric S. Hayes of Brown and Carlson in St. Louis Park extends this, “it’s not just the building codes that need to be followed, but also the standards in the industry.” Hayes notes that another way builders can avoid headaches is by being proactive. “I often hear, once things have gone sour and moved toward litigation, that the homeowner contacted the contractor a dozen times about a leaking basement and nothing was done, so they were forced to sue.” His advice for builders: “Don’t let it fester.” Read the court decision
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Builders Association Seeks to Cut Down Grassroots Green Building Program (Guest Post)

October 04, 2021 — Christopher G. Hill - Construction Law Musings
For this week’s year end Guest Post Friday here at Musings, we welcome Michael Anschel. Michael is the owner of Otogawa-Anschel Design-Build, a member of BATC, lead the development of and serves as a board member to MN GreenStar, the CEO of Verified Green, Inc., and writes the green blog for Remodeling Magazine Online. If you have been following the sad state of affairs in Minnesota recently (no not the elections) you might be scratching a bald spot on your head in amazement. To my knowledge it is the only state in which the local builders association [ www.batconline.org ] has actually sued the local Green building program (MN GreenStar [ www.mngreenstar.org ]; going as far as filing a restraining order to keep them from certifying any new homes in the state. This is, in my opinion, a tragic move in the wrong direction for everyone; builders and homeowners alike. The builders group widely know for The Parade of Homes claims to have no interest in using the program or the brand MN GreenStar, so why seek to shut the program down? Even the lawyers have been scratching their heads trying to make sense of this bizarre and highly aggressive move. And things just get more bizarre from there. 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

Record Home Sales in Sydney Add to Bubble Fear

March 05, 2015 — Michael Heath – Bloomberg
Sydneysiders wanting to sell their homes have never had it easier. The proportion of successful house auctions in Australia's largest city was above 80% at the weekend for the fourth week in a row. That is the longest stretch on record and highlights the potential consequences of a projected interest-rate cut. Governor Glenn Stevens's effort to revive business investment with cheap finance is adding fuel to the country's biggest property market. Home sellers may get a further boost, with 18 of 29 economists forecasting a 25-basis-point cash rate reduction on Tuesday. Read the court decision
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Reprinted courtesy of Michael Heath, Bloomberg

Court Rejects Anti-SLAPP Motion in Construction Defect Suit

September 01, 2011 — CDJ STAFF

The California Court of Appeals has upheld the denial of an anti-SLAPP motion in Claredon American Insurance Company v. Bishop, Barry, Howe, Haney & Ryder. This case was triggered by a water intrusion problem at a condominium complex, the Terraces at Emerystation, built and sold by Wareham Development Corporation. The insurer, Claredon, retained Risk Enterprise Management as the third party claims administrator. REM retained the law firm Bishop, Barry, Howe, Haney & Ryder. The construction defect case was settled in 2007 and the condo owners moved back by early 2008.

Due to issues with the claims settlement, Claredon filed against REM for “professional negligence, indemnity, apportionment and contribution,” with a cross-complaint that the cross-defendants negligently defended the developer, Wareham.

In response, the cross-defendants filed a motion to strike the cross-complaint under the anti-SLAPP statute. The trial court denied this motion and now this has been upheld by the appeals court.

The court noted that “The fundamental thrust of the cross-complaint is not protected litigation-related speech and petitioning activity undertaken on another’s behalf in a judicial proceeding.”

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Additional Insured Not Covered Where Injury Does Not Arise Out Of Insured's Work

April 15, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The court found the contractor did not have coverage as an additional insured under the subcontractor's policy. Walton Constr. v. First Fin. Ins. Co., 2015 US. Dist. LEXIS 30710 (E.D. La. March 12, 2015). John Maestri was injured while working on a construction project for the Jefferson Parish School Board. Maestri was a commercial glazier for A-1 Glass Services Inc. A-1 was a subcontractor for Walton Construction. While Maestri was installing glass on the project, a high-voltage power line maintained by Entergy Louisiana, LLC electrocuted him, causing burns on his body. Maestri sued Entergy. Entergy filed a third-party complaint against A-1 and Walton, alleging that the Louisiana Overhead Power Line Safety Act had been violated by failing to give advance notice that their workers would be working near the power lines. Entergy argued that under the statute, A-1 and Walton are liable for any damages that Entergy had to pay Maestri. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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