Cambridge Massachusetts Building Expert Directory

FEMA, Congress Eye Pre-Disaster Funding, Projects

November 08, 2017 — Pam Radtke Russell - Engineering News-Record
Federal Emergency Management Agency Administrator Brock Long wants to revamp the way federal disaster funds are distributed, putting a greater emphasis on building more-resilient structures and communities before disasters strike, Long told a House panel reviewing federal response to the recent slate of disasters. Read the court decision
Read the full story...
Reprinted courtesy of Pam Radtke Russell, ENR
Ms. Russell may be contacted at Russellp@bnpmedia.com

New FAR Rule Mandates the Use of PLAs on Large Construction Projects

October 10, 2022 — Reggie Jones - ConsensusDocs
The Federal Acquisition Regulatory Council recently published a proposed ruled that, once implemented, will require the use of project labor agreements (PLAs) on federal construction projects with a contract value of $35 million or greater. The proposed rule revokes President Obama’s Executive Order 13502 and implements an Executive Order 14063 (E.O. 14063) issued on February 9, 2022. E.O. 14063 addresses the use of PLAs in the government contracts. Under the current Federal Acquisition Regulation (FAR), the use of PLAs on “large-scale construction projects” is discretionary. The new rule proposed by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) revises the FAR contract clauses making the use of PLAs mandatory. Under the proposed rule, contractors performing “large-scale construction projects” will be required to “negotiate or become a party to a [PLA] with one or more appropriate labor organizations.” FAR 52.222-33. A PLA is in essence a collective bargaining agreement between a local trade union and contractor that governs employment terms, including wages and benefits, for union and non-union workers. Although the PLA mandate only applies to large-scale construction projects with the contract value of $35 million and more, under the proposed rule, agencies have the option to include the PLA requirement for construction projects that are under the $35 million threshold. The proposed rule also sets out a flow-down requirement, which means that subcontractors working on a large-scale project must likewise be familiar with and comply with terms of the PLA negotiated by a prime contractor. Read the court decision
Read the full story...
Reprinted courtesy of Reggie Jones, Fox Rothschild LLP (ConsensusDocs)
Mr. Jones may be contacted at rjones@foxrothschild.com

Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute

February 07, 2018 — Afua Akoto – SDV Case Alert
In September 2017, a Texas Federal district judge ruled that that Personal and Advertising Injury coverage in a CGL policy did not require physical occupancy in a landlord-tenant dispute. In the underlying lawsuit, restaurant owner Ziggy Gruber alleged that John Dunn, the landlord of a Houston shopping center, wrongfully interfered with his right of occupancy at the shopping center by failing to complete the negotiation of a lease and preventing his occupancy of the space. Gruber further alleged that he had acquired a direct interest in the premises and became a rightful tenant but as a result of Dunn’s interference, he was never able to open his restaurant. Read the court decision
Read the full story...
Reprinted courtesy of Afua Akoto, Saxe Doernberger & Vita, P.C.
Ms. Akoto may be contacted at asa@sdvlaw.com

Massive Danish Hospital Project Avoids Fire Protection Failures with Imerso Construction AI

December 23, 2023 — Aarni Heiskanen - AEC Business
Ensuring regulatory compliance of firewall constructions is getting a high-tech boost. Over the past 16 months, the construction team responsible for the iconic new Nyt Hospital Nordsjælland near Copenhagen used Imerso construction AI technology to achieve remarkable results. By using Imerso, the team enhanced work productivity while preventing costs and delays worth €5.2 million during the construction of the superstructure. Inspired by this success, the team led by Project Manager Anders Kaas has since been eager to explore the potential of the technology in other areas. The opportunity arose to address a topic that has traditionally posed significant challenges and expenses in numerous construction projects – ensuring regulatory compliance of fire barriers and firewall constructions. 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

Paul Tetzloff Elected As Newmeyer & Dillion Managing Partner

June 03, 2019 — Newmeyer & Dillion LLP
Newmeyer & Dillion LLP, a prominent business and real estate law firm, selected Paul Tetzloff as the firm's Managing Partner. His term began on January 1, 2019. A business litigator, Tetzloff will now oversee the firm's strategic plan and manage the firm's day-to-day business affairs. "The Firm is incredibly fortunate to have Paul stepping into the role as Managing Partner. His energy, intelligence, leadership, and drive make him uniquely qualified to lead this Firm for years to come," said former Managing Partner Jeff Dennis. "I am excited to watch where the Firm is headed – we have such an amazing opportunity to continue to develop to even greater heights, and Paul will be a huge part of making that happen." Active in his community, Tetzloff sits on the board for HomeAid Orange County and the Marine Raider Association. Tetzloff is succeeding Dennis, who served in the role from 2012 to 2018. "Jeff was our managing partner for seven years and he did an outstanding job. We owe Jeff a debt of gratitude for his service," said Tetzloff of his predecessor. "I'm looking forward to continuing to build on the groundwork laid to help the firm reach new levels in the years to come." Dennis' leadership allowed the firm to grow substantially under his tenure, including opening a Las Vegas, Nevada office and establishing thriving practice areas throughout various industries. Dennis will focus his energy on overseeing the firm's growing Privacy and Data Security practice. Paul Tetzloff paul.tetzloff@ndlf.com Practice Areas Business Litigation Construction Litigation Real Estate Litigation About Newmeyer & Dillion For almost 35 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, privacy & data security and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com. Read the court decision
Read the full story...
Reprinted courtesy of

EO or Uh-Oh: Biden’s Executive Order Requiring Project Labor Agreements on Federal Construction Projects

March 14, 2022 — Nicole Stone, Jones Walker LLP - ConsensusDocs
On February 4, 2022, President Biden issued Executive Order (“EO”) 14063[1]. The EO requires that a Project Labor Agreement (“PLA”) be in place for any federal “large-scale construction projects” estimated at $35 million or more. To compete for or perform projects subject to the PLA requirement contractors must agree to be subject to the applicable PLA. For federal projects under $35 million or projects receiving federal financial assistance are not required by the EO to have PLA, but federal agencies will have discretion to require PLAs. The EO will not go into effect until after implementing regulations are finalized, probably after the beginning of June 2022. Requiring PLAs on federal construction projects is a substantial shift from even the Obama Administration’s policy in favor of PLAs. Biden’s PLA EO will have an impact on federal contractors and likely industry repercussions beyond federal procurement. Only time and experience will tell whether those impacts will all be positive as the Biden Administration insists or will drive up construction costs and give unions more leverage than they have in the market as the critics insist. Read the court decision
Read the full story...
Reprinted courtesy of Nicole Stone, Jones Walker LLP (ConsensusDocs)
Ms. Stone may be contacted at nstone@joneswalker.com

Construction Worker Falls to His Death at Kyle Field

January 15, 2014 — Melissa Zaya-CDJ STAFF
The family of Angel Garcia, a construction worker who fell to his death while working on Texas A&M’s football stadium (Kyle Field), has filed a $100 million lawsuit against six construction companies claiming inadequate safety policies, procedures, and negligence, Jordan Overturf of The Eagle reported. According to The Eagle, Garcia’s attorneys alleged, “[Garcia] was ‘catapulted off the edge of a fourth-floor ramp’ on the northeast side when a section of concrete fell onto the bucket of the skid steer-loader he was operating. The tractor hit a steel beam during the fall, which exerted enough force to eject Garcia from the tractor.” Garcia did not survive his injuries. The complaint claims the companies involved violated the Occupational Safety and Health Administration rules and regulations. The defendants in the suit were unavailable for comment, according to The Eagle. Read the court decision
Read the full story...
Reprinted courtesy of

Georgia Court of Appeals Holds That Insurer Must Defend Oil Company Against Entire Lawsuit

October 07, 2019 — Lawrence J. Bracken II, Michael S. Levine & Alexander D. Russo - Hunton Andrews Kurth
The Georgia Court of Appeals recently affirmed a grant of summary judgment in favor of Mountain Express Oil Company on its breach of contract claim against liability insurer, Southern Trust Insurance Company. Empire Petroleum brought claims against Mountain Express for breach of contract, injunctive relief, and libel or slander, among others. Mountain Express sought a defense to that lawsuit under its insurance policy with Southern Trust. Southern Trust contended that the insurance policy did not cover Empire’s non-libel/slander claims, and therefore reimbursed Mountain Express for only a portion of its attorneys’ fees. After the Empire lawsuit settled, Mountain Express sued Southern Trust for breach of contract and bad faith for failing to pay the remaining defense costs, contending that Southern Trust had a duty to defend the entire lawsuit. The Georgia Court of Appeals affirmed the trial court’s grant of summary judgment to Mountain Express on its breach of contract claim. Citing policy language stating that “[the insurer] will have the right and duty to defend the insured against any ‘suit’ seeking those damages,” the court held that Southern Trust was obligated to defend the entire lawsuit. Specifically, in reaching that conclusion, the court noted that by agreeing to defend any “suit,” not any “claim,” Southern Trust obligated itself to defend the entire lawsuit if any claim could be covered under the policy. Accordingly, Southern Trust breached the policy when it only agreed to defend some of the claims against its insured. Reprinted courtesy of Lawrence J. Bracken II, Hunton Andrews Kurth, Michael S. Levine, Hunton Andrews Kurth and Alexander D. Russo, Hunton Andrews Kurth Mr. Bracken may be contacted at lbracken@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Read the court decision
Read the full story...
Reprinted courtesy of

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES