CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
DIRECTORY AND CAPABILITIES

New WOTUS Rule

November 13, 2023 — David R. Cook Jr. - Autry, Hall & Cook, LLP
The U.S. Army Corps of Engineers amended the regulation to conform the definition of “waters of the United States” to conform to the Supreme Court’s ruling in Sackett v. Environmental Protection Agency. See the prior blog post about the Supreme Court’s ruling: Sackett v. Environmental Protection Agency – Construction and Utility Law | Atlanta | AHC Law Federal Register :: Revised Definition of “Waters of the United States”; Conforming Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP Mr. Cook may be contacted at cook@ahclaw.com Read the full story... Read the court decision
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Congratulations to BWB&O’s Las Vegas Team on Obtaining Summary Judgment for the Firm’s Landowner Client!

August 03, 2022 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce Partner Anthony Garasi, Senior Associate Madeline Arcellana, and Associate Laura Rios successfully won a Motion for Summary Judgment (“MSJ”), while also defeating two competing MSJs filed by Plaintiff, and ultimately obtaining a full dismissal of their landowner client against claims of premises liability. Plaintiff, who sued both BWB&O’s client (the landowner) and its tenant, alleged injury when he slipped and fell, while utilizing a temporary wooden board as a ramp that was placed on the subject property by the tenant, who was occupying the property subject to a lease-to-own arrangement with BWB&O’s client. In this Motion practice, the BWB&O team successfully obtained a ruling from the Court to find that BWB&O’s client had effectively contracted to delegate its maintenance responsibilities to its tenant, and also that the tenant owed BWB&O’s client full indemnity for Plaintiff’s alleged losses. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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Negligence Per Se Claim Based Upon Failure to Pay Benefits Fails

December 21, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The Ninth Circuit affirmed the district court's issuance of the insurer's motion for summary judgment, thereby rejecting the insureds' negligence per se claim for failure to pay benefits. Braun-Salinas v. Am Family Ins. Group, 2016 U.S. App. LEXIS 19555 (9th Cir. Oct. 28, 2016). The insureds argued that Oregon recognized a negligence per se claim based on an insurer's failure to pay benefits in violation of the statutory standard under state law. Oregon appellate courts, however, only allowed a negligence per se claim only where a negligence claim otherwise existed. The Oregon courts had previously rejected a statutory theory, holding that a violation of the statute did not give rise to a tort action. 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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Colorado Passes Compromise Bill on Construction Defects

May 03, 2017 — Jesse Witt - The Witt Law Firm
After four failed attempts, Colorado legislators have finally reached a compromise on construction defect legislation. This afternoon, HB17-1279 gained unanimous approval from the House Committee on State, Veterans, and Military Affairs. The bill is expected to pass both chambers easily and be signed into law by Governor John Hickenlooper. Proponents say that a bill is needed spur more condominium construction in the state. They contend that homebuilders have been reluctant to construct multifamily projects in recent years based on a perceived fear that small groups of homeowners can file lawsuits in the name of their community associations without adequate the consent of other members. A 2013 study found that quality control and insurance costs only reduce homebuilder profits by a small amount, but concerns about litigation have nevertheless prompted some construction professionals to focus on constructing apartments and other products. 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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Buffett Says ‘No-Brainer’ to Get a Mortgage to Short Rates

October 08, 2014 — Noah Buhayar – Bloomberg
Warren Buffett, the billionaire chairman of Berkshire Hathaway Inc. (BRK/A), said he was puzzled by the sluggish rebound in U.S. home construction amid near record-low interest rates and a broader recovery in the economy. “You would think that people would be lining up now to get mortgages to buy a home,” Buffett said today at a conference hosted by Fortune magazine in Laguna Niguel, California. “It’s a good way to go short the dollar, short interest rates. It is a no-brainer. But so far home construction pickup has been slower than I had anticipated.” Housing starts slumped in August from the highest level in almost seven years to a 956,000 annualized rate, Commerce Department data show. Slow wage growth and tighter lending standards have kept some would-be borrowers from buying a home. Read the court decision
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Reprinted courtesy of Noah Buhayar, Bloomberg
Mr. Buhayar may be contacted at nbuhayar@bloomberg.net

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Advice to Georgia Homeowners with Construction Defects

October 02, 2013 — CDJ STAFF
NOLO Press has some advice for Georgia homeowners who have found construction defects. Their first advice is to make certain matters don’t get any worse. They note that the “the builder is not responsible for any damage that occurs to the home after you’ve discovered the problem.” You should keep records of those repairs, since you can’t get reimbursed unless you can prove what you spent. Some problems are covered under builder warranties, but usually only in the first year. But if it’s not covered, or the warranty has expired, NOLO notes that “you might not be out of luck.” The three options under Georgia law are to claim breach of contract, negligent construction, or fraud. NOLO gives the example that if the house was not built according to the plans, the builder might be found guilty of breach of contract. If the builder worked in “a shoddy manner that no other builder would use,” then it might be negligent construction. “If the builder outright lied about the quality or type of materials used,” you might have a claim for fraud. However, NOLO notes that first you must notify the builder. Under Georgia law, you have to inform the builder of the problems 90 days before you can file a lawsuit, and the builder has 30 days in which to respond to your claims. The hope of Georgia’s Right to Repair Act is to avoid a lawsuit and get the house fixed. And that’s always the best result. Read the court decision
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Milwaukee's 25-Story Ascent Stacks Up as Tall Timber Role Model

January 25, 2021 — Nadine M. Post - Engineering News-Record
In January 2019, Preston Cole left his post as Commissioner of the Milwaukee Dept. of Neighborhood Services and became Secretary of Wisconsin’s Dept. of Natural Resources. It was a step up for the 25-year veteran of public service—a forester by profession—who as the city’s top building official had reformed DNS by fostering a developer-friendly environment. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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Payne & Fears LLP Recognized by Best Lawyers in 2024 “Best Law Firms” Rankings

November 27, 2023 — Payne & Fears LLP
Payne & Fears LLP has been recognized by Best Lawyers 2024 “Best Law Firms” list. Firms included in the 2024 edition of Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. Payne & Fears LLP has been ranked in the following practice areas:

• Metropolitan Tier 1
  • Orange County
    • Commercial Litigation
    • Employment Law – Management
    • Insurance Law
    • Labor Law – Management
    • Litigation – Labor & Employment
    • Litigation – Real Estate

• Metropolitan Tier 2
  • Las Vegas
    • Commercial Litigation

• Metropolitan Tier 3
  • Orange County
    • Litigation – Intellectual Property

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