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    Massachusetts Builders Right To Repair Current Law Summary:

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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


    Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence

    Construction Needs Collaborative Planning

    Facing Manslaughter Charges In Worker's 2021 Trench Collapse Death, Colorado Contractor Who Willfully Ignored Federal Law Surrenders To Police

    Florida Self-Insured Retention Satisfaction and Made Whole Doctrine

    ABC Announces Disaster Relief Efforts and Resources Following Hurricane Milton

    Meritage Acquires Legendary Communities

    Construction Slow to Begin in Superstorm Sandy Cases

    Vermont Supreme Court Reverses, Finding No Coverage for Collapse

    Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction

    Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

    Out of Eastern Europe, a Window Into the Post-Pandemic Office

    Beyond the Disneyland Resort: Special Events

    Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured

    Lakewood First City in Colorado to Pass Ordinance Limiting State Construction Defect Law

    Construction Safety Technologies – Videos

    Claim for Collapse After Demolition of Building Fails

    The Nightmare Scenario for Florida’s Coastal Homeowners

    California Senator Proposes Bill to Require Contractors to Report Construction Defect Cases

    Ohio Supreme Court Case to Decide Whether or Not to Expand Insurance Coverage Under GC’s CGL Insurance Policies

    California Superior Court Overrules Insurer's Demurrer on COVID-19 Claim

    ADP Says Payrolls at Companies in U.S. Increase 200,000

    2019 Legislative Changes Affecting the Construction Industry

    Risky Business: Contractual Versus Equitable Rights of Subrogation

    Construction Litigation Roundup: “Apparently, It’s Not Always Who You Know”

    High Court Could Alter Point-Source Discharge Definition in Taking Clean-Water Case

    Drone Operation in a Construction Zone

    Pennsylvania Considers Changes to Construction Code Review

    Judicial Economy Disfavors Enforcement of Mandatory Forum Selection Clause

    What Cal/OSHA’s “Permanent” COVID Standards Mean for Employers

    Real Estate & Construction News Roundup (1/16/24) – Algorithms Affect the Rental Market, Robots Aim to Lower Construction Costs, and Gen Z Struggle to Find Their Own Space

    Don’t Believe Everything You Hear: Liability of Asbestos Pipe Manufacturer Upheld Despite Exculpatory Testimony of Plaintiff

    Just Decided – New Jersey Supreme Court: Insurers Can Look To Extrinsic Evidence To Deny a Defense

    Mexico City Metro Collapse Kills 24 After Neighbors’ Warnings

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    Alaska Supreme Court Dismisses Claims of Uncooperative Pro Se Litigant in Defect Case

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    The Almost-Collapse of a Sarasota, Florida Condo Building

    Pennsylvania Finds Policy Triggered When Property Damage Reasonably Apparent

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    Real Estate & Construction News Round-Up (08/24/22) – Local Law 97, Clean Energy, and IRA Tax Credits

    Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

    Climate-Proofing Your Home: Upgrades to Weather a Drought

    Parties Can Agree to Anything In A Settlement Agreement………Or Can They?

    Another Las Vegas Tower at the Center of Construction Defect Claims

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    Bid Protests: The Good, the Bad and the Ugly (Redeux)

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    Differences in Types of Damages Matter
    Corporate Profile

    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

    Canada Housing Surprises Again With July Starts Increase

    August 13, 2014 —
    Canada’s housing starts beat economist predictions for a fourth straight month in July, led by the most single-family home projects in almost two years. The pace of work on new homes rose 0.7 percent to a seasonally adjusted annual pace of 200,098 units, the fastest since October, from a revised 198,665 in June, Ottawa-based Canada Mortgage & Housing Corp. reported today. Economists forecast a decline to 193,000, according to the median of 18 responses in a Bloomberg News survey. Most economists and the central bank have predicted that rising prices and near-record debt loads would curb demand for housing. Instead, home resales, prices and starts have climbed after a tough winter, as mortgage rates remain near record lows. Read the court decision
    Read the full story...
    Reprinted courtesy of Greg Quinn, Bloomberg
    Mr. Quinn may be contacted at gquinn1@bloomberg.net

    CA Homeowners Challenging Alternate Pre-Litigation Procedures

    April 15, 2014 —
    Garret Murai on his California Construction Law blog discussed how some homeowners have challenged homebuilders who use alternative pre-litigation procedures instead of the rules of California’s Right to Repair Act (SB 800). “The Right to Repair Act, which was intended to help curb the then rising tide of residential construction defect litigation, provides mandatory pre-litigation procedures which must be followed in construction defect cases involving new residential construction,” Murai explained. “One of the major exceptions to the statutory pre-litigation procedures under SB 800, however, is that a homebuilder can opt to use its own alternative pre-litigation procedures if disclosed to a homebuyer.” Murai used The McCaffrey Group, Inc. v. Superior Court case to demonstrate that homeowners can challenge the builder’s use of alternative pre-litigation procedures, and win if they can prove that the alternate procedures are “unconscionable.” “For homebuilders, the take away is that, sure you can adopt your own alternative pre-litigation procedures under the Right to Repair,” Murai stated, “but if you do just know that they may be challenged by homeowners who may contend that they are unconscionable, which kinda defeats the whole idea behind SB 800 which was intended to reduce the amount of litigation the first place.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Submitting Claims on Government Projects Can Be Tricky

    March 19, 2015 —
    The Federal Circuit Court of Appeals opinion in K-Con Building Systems, Inc. v. United States illustrates the difficulties a contractor may face when pursuing a claim before a Contracting Officer. After nearly 10 years of litigation, the court found that the contractor’s claim to the Contracting Officer did not contain enough detail to allow the claim to proceed. That’s a lot of time and resources wasted on a claim that was dead from the start. K-Con was awarded a $582,000 job to design and build a Coast Guard support building in Michigan. K-Con was unable to complete the project by the finish date and the Coast Guard assessed liquidated damages of $109,554. K-Con contested the assessment of liquidated damages by submitting a one paragraph letter asserting that it was not the sole cause of the alleged delays; that the government was at fault for the delay; and the liquidated damages were an impermissible penalty. The Contracting Officer ultimately denied K-Con’s claim and K-Con appealed to the Court of Claims. Read the court decision
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    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Amos Rex – A Museum for the Digital Age

    September 10, 2018 —
    In the very heart of Helsinki, a new museum is set to open its doors to showcase the art of the future. Amos Rex is an architectural and artistic gem that seeks to make modern art more accessible for people to experience and enjoy. The construction work for the museum was almost completed when I visited the site in early August. I met with Kai Kartio, an art historian with years of experience as a museum director. Kartio has been involved in the construction of Amos Rex from the beginning. The forerunner of Amos Rex was the Amos Anderson Art Museum, which was run by the Konstsamfundet foundation for 50 years in its founder’s own building nearby. Anderson was a Finnish newspaper tycoon and patron of arts who bequeathed his estate to the foundation. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    It’s Time to Change the Way You Think About Case Complexity

    August 07, 2018 —
    There are few things that lawyers love more than telling war stories. Partially, that’s because many lawyers either only or primarily have friends who are lawyers, and war stories are a way for lawyers to relate to each other—your barber doesn’t understand the pain of reading through 5 paragraphs of irrelevant objections posed to each of 75 interrogatories, but your fellow lawyers will. One common feature of war stories is a note regarding how much was at issue in the case. “I was handling this $25 million claim once….” Lawyers include the dollar figure in dispute as a shorthand for the complexity of the case they’re talking about. “Oh, we’ll be in depositions for a month solid, this is a $10 million case!” I don’t know where I picked up this habit, but I know exactly how I learned to rethink it. A friend of mine, as in-house counsel, was handling a case worth over a billion dollars. When he told me about it, my jaw dropped. One of the first things I asked him was, how do you manage a case that big? And he told me about the several law firms he had engaged, all the people working on it. But then he said: it’s not really a complicated case. There were only 4-5 real factual questions, and a similar number of legal ones. It’s just that every factual question had a very high price tag associated with it. The high price tag doesn’t make the factual question any more complex, or any harder to litigate. For example, your builders’ risk policy either has coverage for flood damage or it doesn’t. If it does, then it doesn’t matter whether the flood washed the whole building away or just some materials from the laydown area—coverage is coverage, irrespective of quantum. Read the court decision
    Read the full story...
    Reprinted courtesy of Ben Patrick, Gordon & Rees Scully Mansukhani
    Mr. Patrick may be contacted at jpatrick@grsm.com

    Alert: AAA Construction Industry Rules Update

    August 26, 2015 —
    The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are:
    • A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out).
    • Consolidation and joinder time frames and filing requirements to streamline these increasingly involved issues in construction arbitrations.
    • New preliminary hearing rules to provide more structure and organization to get the arbitration process on the right track from the beginning.
    • Information exchange measures to give arbitrators a greater degree of control to limit the exchange of information, including electronic documents.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Anchoring Abuse: Evolution & Eradication

    October 09, 2023 —
    Over the past few years, the plaintiff bar has expanded its use of improper anchoring tactics. Historically, improper anchoring was seen as a risky tactic in which a plaintiff’s counsel would suggest an outrageous figure for pain and suffering during summation in the hope that the lay jury would either award it or split the difference (cut the suggested figure by half) and, either way, return an excessive or runaway verdict. Plaintiff counsel deployed the tactic infrequently through the turn of the century for fear of alienating the jury by appearing greedy. Two interrelated factors happened to change this dynamic. First, the plaintiff bar worked extremely hard in the intervening years with great success to shed its “ambulance chaser” stereotype by marketing itself as the “protector of the vulnerable”. Second, with the rise in Reptile and punitive tactics spawned in part by the publication of the Reptile handbook, the plaintiff bar also discovered that juries were not alienated by outrageous anchors as long as they were preceded by Reptile commentary essentially to “prime” the jury to punish the defendant rather than compensate the plaintiff with its award. This is not speculation. I recall sitting outside a courtroom with one of New York’s top plaintiff attorneys in 2006 during deliberations on a catastrophic personal injury trial, during which he conceded to me that he was worried he had asked the jury for too large a figure (it was not even eight figures). A decade later in 2016, that same attorney felt no trepidation in requesting nearly $100 million for a comparable injury. He fed the jurors a steady diet of Reptile tactics from start to finish and they dutifully awarded the requested figure. Our research confirms that this two-step strategy (Reptile + improper anchor) preceded every New York nuclear verdict returned from 2010-2022. The same is almost certainly true of most nuclear verdicts in other jurisdictions. Reprinted courtesy of Tim Capowski, Kahana Feld and Chris Theobalt, Kahana Feld Mr. Capowski may be contacted at tcapowski@kahanafeld.com Mr. Theobalt may be contacted at ctheobalt@kahanafeld.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    NYC Building Explosion Kills Two After Neighbor Reports Gas Leak

    March 12, 2014 —
    Fifteen minutes after a New York City resident reported the pervasive smell of gas in her East Harlem neighborhood, a massive explosion destroyed two buildings, killing two people and injuring at least 18. Utility workers arrived too late. The explosion at 1644 and 1646 Park Ave., near 116th Street, reported about 9:30 a.m., was heard miles away and turned into a five-alarm fire. Windows were blown out as far as 10 blocks away, and cars across the street were wrecked. The blast sent debris onto adjacent elevated train tracks, halting commuter rail service in and out of Grand Central Terminal. Minor wounds were too numerous to count, said Frank Gribbon, a spokesman for the New York City Fire Department. “This is a tragedy of the worst kind,” Mayor Bill de Blasio said during a news conference near the scene. He said residents are still missing from the buildings, which had a total of 15 units, and crews would search for them when the fire is extinguished. Ms. Kaske may be contacted at mkaske@bloomberg.net; Mr. Goldman may be contacted at hgoldman@bloomberg.net Read the court decision
    Read the full story...
    Reprinted courtesy of Michelle Kaske and Henry Goldman, Bloomberg