Cambridge Massachusetts Building Expert Directory

Five Facts About Housing That Will Make People In New York City and San Francisco Depressed

February 26, 2015 — Flavia Krause-Jackson and Alexandre Tanzi – Bloomberg
If you live in New York or San Francisco, you should spend some time mining the latest crop of home price data -- starting with the Standard & Poor’s Case-Shiller indices. Then, pull out your last rent check. It might be enough to make you move. Here are a few things to get you thinking: 1. What you pay for parking in New York can buy a cheap home in Chicago The cheapest tier of homes in the Windy City were valued at less than $170,368 in November, the Case-Shiller tiered-price indices show (there are three tiers: low, middle and high). That compares to the $136,052 average price tag for parking space in New York last year, according to Jonathan J. Miller, the president of the appraisal firm Miller Samuel and a Bloomberg View contributor. Reprinted courtesy of Flavia Krause-Jackson, Bloomberg and Alexandre Tanzi, Bloomberg Read the court decision
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Even Toilets Aren’t Safe as Hackers Target Home Devices

June 11, 2014 — Amy Thomson – Bloomberg
Come home to a hot iron and smoldering clothes this afternoon? Soon, it may not be a sign of forgetfulness, but rather evidence that you’ve been hacked. In coming years, your smartphone will be able to lock your house, turn on the air conditioning, check whether the milk is out of date, or even heat up your iron. Great news, except that all that convenience could also let criminals open your doors, spy on your family or drive your connected car to their lair. “As these technologies become more sophisticated, it opens up a broader spectrum of threats,” said Gunter Ollmann, chief technology officer of IOActive, a tech security firm in Seattle. A world of connected devices makes it possible “for the bad guys to have permanent entry into your household.” Read the court decision
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Reprinted courtesy of Amy Thomson, Bloomberg
Ms. Thomson may be contacted at athomson6@bloomberg.net

Jinx: Third Circuit Rules in Favor of Teamsters in Withdrawal Case

July 28, 2018 — Wally Zimolong - Supplemental Conditions
Bad omen. Last week, I wrote about a Appeals Court decision that affirmed a contractor’s escape from an over $600,000 withdrawal liability assessment from the Laborers Union. The next day the Third Circuit (which covers PA, NJ, and DE) handed down a decision affirming a federal court’s decision to assess withdraw liability. This one shows the dark side of not reading and understanding your CBA. The belligerents in the litigation were, Penn Jersey, a construction material supplier, and Teamsters Local 676. Their collective bargaining agreement contained a clause purportedly covering withdrawal liability. Specifically, the clause stated “should the Employer withdraw from the Agreement in the future, there will be no withdrawal liability. The CBA expired and Penn Jersey did not renew its agreement with the Teamsters. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation

October 02, 2018 — Paul Briganti - White & Williams LLP
On August 18, 2018, the New York Supreme Court, New York County, confirmed a referee’s finding that “all sums” allocation was required under excess policies issued by Midland Insurance Company because they included a non-cumulation provision. See Matter of Liquidation of Midland Ins. Co., Index No. 041294/1986 (N.Y. Sup. Ct. Aug. 18, 2018). Midland was a multi-line carrier that wrote a substantial amount of excess coverage for Fortune 500 companies. In the 1980s, Midland faced significant exposure for environmental, asbestos and product liability claims. In 1986, it was placed in liquidation and the New York State Superintendent of Insurance (the Liquidator) was appointed as its receiver. Since then, the New York Supreme Court has presided over the liquidation proceedings. Read the court decision
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Reprinted courtesy of Paul Briganti, White & Williams LLP
Mr. Briganti may be contacted at brigantip@whiteandwilliams.com

FBI Makes Arrest Related to Saipan Casino Construction

April 05, 2017 — Matthew Campbell & Greg Farrell - Bloomberg
The Federal Bureau of Investigation arrested one person in connection with the death of a construction worker at Imperial Pacific International Holdings Ltd.’s casino on the remote U.S. island of Saipan, according to an agency spokeswoman. “The FBI conducted a search and made an arrest in response to the recent death of an individual working at the construction site of the Imperial Pacific Resort,” Michele Ernst, a spokeswoman in the FBI’s Honolulu field office, said in an email Friday. “The investigation is related to allegations of a federal violation of the workplace visa system, including reports the company was systematically harboring individuals who are out of status and in violation of federal statutes." Reprinted courtesy of Matthew Campbell, Bloomberg and Greg Farrell, Bloomberg Read the court decision
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Los Angeles Team Secures Summary Judgment for Hotel Owner & Manager in Tenant’s Lawsuit

July 08, 2024 — Lewis Brisbois Newsroom
Los Angeles, Calif. (June 11, 2024) - Los Angeles Partners David Samuels and Meegan Moloney recently obtained summary judgment for the owner and manager of a Southern California hotel in a lawsuit brought by a tenant who alleged that she suffered injuries due to the presence of mold in her leased space. The plaintiff had entered into a commercial lease for space within the Crowne Plaza Hotel in Redondo Beach, California, for use for her spa and massage business. The lease contained "exculpatory provisions" absolving Lewis Brisbois' clients "from any and all liability and responsibility for any loss, injury or damage incurred or claimed by reason of damage to property located on the leased premises." Shortly after taking possession of the space in September 2019, the plaintiff claimed she became ill and subsequently discovered the presence of mold in the heating, ventilation, and air conditioning ducts. In October 2022, she sued the hotel's owner and manager, asserting a host of claims including negligence, fraud - negligent and intentional misrepresentation, negligent infliction of emotional distress, breach of contract, breach of covenant of quiet enjoyment, private nuisance, and unfair business practices. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Can a Non-Signatory Invoke an Arbitration Provision?

February 02, 2017 — David Adelstein - Florida Construction Legal Updates
As you know from prior postings, arbitration is a creature of contract. Hence, if you want your disputes to be resolved through arbitration, as opposed to litigation, make sure to include an arbitration provision in your agreement that covers all disputes arising out of or relating to the agreement. Under certain circumstances, a non-signatory to an agreement wants to invoke an arbitration clause in the agreement. The non-signatory will move to compel a signatory to the agreement (with an arbitration provision) to arbitrate a dispute with the non-signatory. Can a non-signatory do this? Yes, under certain circumstances. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Rattlesnake Bite Triggers Potential Liability for Walmart

February 02, 2017 — James R. Lynch - Ahlers & Cressman, PLLC
A customer shopping at Walmart’s outdoor garden center in Clarkston, Washington, reached down to brush aside a stick covering a price tag for bags of mulch stored on wooden pallets. The “stick” turned out to be a rattlesnake, and bit his hand. The customer sued Walmart on the legal basis of “premises liability,” claiming that as Walmart’s business invitee (one who enters the owner’s property primarily for the owner’s benefit), the store owed him a duty to warn or guard against hazardous conditions such as the rattlesnake. In many cases, a property owner’s duty to protect invitees applies only where the owner knows or reasonably should know of the hazardous condition. The owner’s liability therefore often hinges on where the hazard is located, how long it has been present, whether it has occurred in the past, and similar considerations. Read the court decision
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Reprinted courtesy of James R. Lynch, Ahlers & Cressman, PLLC
Mr. Lynch may be contacted at jlynch@ac-lawyers.com

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES