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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


    Haight’s Stevie Baris Selected for Super Lawyers’ 2021 Northern California Rising Stars

    What You Need to Know About CARB’s In-Use Off-Road Diesel Regulations

    Mondaq’s 2023 Construction Comparative Guide

    Blackstone Suffers Court Setback in Irish Real Estate Drama

    Home Building Likely to Stick to Slow Pace

    Engineer TRC Fends Off Lawsuits After Merger

    Takeaways From Schedule-Based Dispute Between General Contractor and Subcontractor

    Consider Arbitration Provision in Homebuilder’s Warranty and Purchase-and-Sale Agreement

    Ceiling Collapse Attributed to Construction Defect

    How Algorithmic Design Improves Collaboration in Building Design

    Anti-Concurrent Causation Clause Preserves Possibility of Coverage

    Stadium Intended for the 2010 World Cup Still Not Ready

    Deferred Maintenance?

    D.R. Horton Profit Beats Estimates as Home Sales Jumped

    Allegations Versus “True Facts”: Which Govern the Duty to Defend? Bonus! A Georgia Court Clears Up What the Meaning of “Is” Is

    Pallonji Mistry, Indian Billionaire Caught in Tata Feud, Dies at 93

    Real Estate & Construction News Roundup (4/24/24) – Omni Hotels Hit with Cyberattack, Wisconsin’s Low-Interest Loans for Home Construction, and Luxury Real Estate Sales Increase

    You Need to be a Contractor for Workers’ Compensation Immunity to Apply

    Environmental Roundup – May 2019

    Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions

    Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

    Seabold Construction Ties Demise to Dispute with Real Estate Developer

    To Arbitrate or Not to Arbitrate? That is the Question

    Eye on Housing Examines Costs of Green Features

    “Time Is Money!” In Construction and This Is Why There Is a Liquidated Damages Provision

    The Rubber Hits the Ramp: A Maryland Personal Injury Case

    Women in Construction Aren’t Silent Anymore. They Are Using TikTok to Battle Discrimination

    When Brad Pitt Tried to Save the Lower Ninth Ward

    In Supreme Court Showdown, California Appeals Courts Choose Sides Regarding Whether Right to Repair Act is Exclusive Remedy for Homeowners

    Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord

    Changes to Comprehensive Insurance Disclosure Act in New York Introduced

    Real Estate & Construction News Roundup (05/10/23) – Wobbling Real Estate, Booming (and Busting) Construction, and Eye-Watering Insurance Premiums

    Separation of Insureds Provision in CGL Policies

    A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence

    Small Airport to Grow with Tower

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

    Public Law Center Honors Snell & Wilmer Partner Sean M. Sherlock As Volunteers For Justice Attorney Of The Year

    Court Rules on a Long List of Motions in Illinois National Insurance Co v Nordic PCL

    Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect

    “If It Walks Like A Duck . . .” – Expert Testimony Not Always Required In Realtor Malpractice Cases Where Alleged Breach Of Duty Can Be Easily Understood By Lay Persons

    Framework, Tallest Mass Timber Project in the U.S., Is On Hold

    Traub Lieberman Partner Rina Clemens Selected as a 2023 Florida Super Lawyers® Rising Star

    Construction Defects could become Issue in Governor’s Race

    Homebuilder Predictions for Tallahassee

    Court Rules in Favor of Treasure Island Developers in Environmental Case

    Connecticut District Court to Review Proposed Class Action in Defective Concrete Suit

    A Court-Side Seat: Waters, Walls and Pipelines

    Brenda Radmacher to Speak at Construction Super Conference 2024

    Seattle’s Tallest Tower Said Readying to Go On the Market

    Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Cambridge's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

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

    October 02, 2018 —
    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
    Read the full story...
    Reprinted courtesy of Paul Briganti, White & Williams LLP
    Mr. Briganti may be contacted at brigantip@whiteandwilliams.com

    Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss

    January 02, 2024 —
    The court granted the insurer's motion for summary judgment finding damage to the gym floor due to a poor paint job was not a resulting loss. Bob Robinson Commercial Flooring, Inc. v. RLI Ins,. Co., 2023 U.S. Dist. LEXIS 196105 (D. Ark. Nov. 1, 2023). Bob Robinson Commercial Flooring (BRCF) submitted a bid to the general contractor, Nabholz Construction Corporation, to install a vinyl athletic floor and striping at a middle school. The job also included the painting of a "Wildcat" logo the main gym floor. Therefore, BRCF's job was to install floors with proper painting and striping. Robert Liles and Robert Lines Parking Lot Services was the subcontractor hired to do the painting and striping. BRCF did not supervise or inspect Liles' work while it was ongoing. Nabholz informed BRCF that there were problems with the floor painting, including crooked lines, incorrect markings, misplacement of the three point lines for the basketball surface, drips, smudges, etc. The gym floor was eventually rejected due to the nature of the vinyl flooring, once primer and paint were applied, the paint could not be removed and repainted. BRCF had to hire a new subcontractor to remove the flooring, install new flooring and then paint new lines. The cost for removal and replacement was $134,188.95. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Traub Lieberman Partner Michael K. Kiernan and Associate Brandon Christian Obtain Dismissal with Prejudice in Favor of Defendant

    November 27, 2023 —
    In a 14-count breach of contract action brought in the Fifteenth Judicial Circuit in Palm Beach County, Florida, Partner Michael K. Kiernan and Associate Brandon Christian obtained dismissal with prejudice in favor of Defendant St. Joseph’s Episcopal Church of Boynton Beach, Florida (“Church”). Plaintiffs, St. Joseph’s Episcopal School (“School”) and its benefactor, William Swaney, filed suit to enforce an alleged 99-year oral lease agreement which Swaney asserted had been made to him by a prior rector of the Church in exchange for his contributions to the School. Plaintiffs also sought emergency injunctive relief to allow the School to continue to operate on Church property. The Church maintained in part that the only lease in effect was a written lease, approved by the Church Vestry and the Diocese of Southeast Florida, and which the Church Vestry unanimously voted not to renew in 2022. Reprinted courtesy of Michael K. Kiernan, Traub Lieberman and Brandon Christian, Traub Lieberman Mr. Kiernan may be contacted at mkiernan@tlsslaw.com Mr. Christian may be contacted at bchristian@tlsslaw.com Read the court decision
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    Reprinted courtesy of

    Federal Arbitration Act Preempts Pennsylvania Payment Act

    June 15, 2020 —
    I am back. It feels like an entirety since I last posted. But a hellacious trial schedule got me off the blogosphere for some time. Plus, there was nothing to write about. But I am back with a bang thanks to a decision from the Eastern District of Pennsylvania concerning the interplay of a forum selection clause appearing in an arbitration clause in a construction contract and the Pennsylvania Contractor and Subcontractor Payment Act. In Bauguess Electrical Services, Inc. v. Hospitality Builders, Inc., the federal court (Judge Joyner) ruled that the federal arbitration act preempted the Payment Act’s prohibition on forum selection clauses and held that an arbitration must proceed in South Dakota even though the construction project were the work was performed was located in Pennsylvania. The Payment Act applies to all commercial construction projects performed in Pennsylvania. As some you might know, Section 514 of the Payment Act, 73 P.S. 514, prohibits choice of law and forum selection clauses. It states “[m]aking a contract subject to the laws of another state or requiring that any litigation, arbitration or other dispute resolution process on the contract occur in another state, shall be unenforceable.” Therefore, if a construction contract is for a project located in Pennsylvania, Pennsylvania law must apply and all disputes must be adjudicated in Pennsylvania. Read the court decision
    Read the full story...
    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    Coverage Denied for Insured's Defective Product

    October 15, 2014 —
    The court found there was no coverage obligations for the insured's defective product. Titanium Indus., Inc. v. Federal. Ins. Co., 2014 WL 4428324 (N.J. Super. Ct. App. Div. Sept. 10, 2014). The insured, Titanium Industries, supplied titanium bar materials to Biomet Manufacturing Corporation. Biomet manufactured orthopedic implants and devises. The titanium was used to manufacture screws to incorporate into Biomet's products. Biomet notified the insured of a potential defect in some of the titanium material, described as "alloy segregation," i.e., the failure of alloys in a metal to completely melt, causing the alloy to separate and undermine the strength of the finished product. The insured and Biomet negotiated a settlement, which included lost profits and the cost of returning the titanium. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    New California Employment Laws Affect the Construction Industry for 2019

    February 18, 2019 —
    The California Legislature introduced more than 2637 bills in the second half of the 2017-2018 session that became law effective January 1, 2019, many of which address employment issues facing California employers in the construction industry. Below we have summarized some of the more important laws (the summary titles are live links to the text of the new law), and employers are urged to protect their companies by updating contracts, policies, and/or practices for compliance. The following is for general knowledge, and we recommend you consult with your attorney for specific legal advice. AB 1565 – Contractor Wage Liability: AB 1565 repeals the provision that relieved direct contractors for liability for anything other than unpaid wages and fringe or other benefit payments or contributions, including interest owed. In the past, a direct contractor could withhold “disputed” sums owed to a subcontractor if the subcontractor failed to provide “information” about their and lower-tier subcontractors’ payroll records. Read the court decision
    Read the full story...
    Reprinted courtesy of Smith Currie
    Smith Currie attorneys may be contacted at info@smithcurrie.com

    The Great Fallacy: If Builders Would Just Build It Right There Would Be No Construction Defect Litigation

    January 21, 2015 —
    As the 2015 Colorado legislative session gets into full swing, there is a lot of anticipation and discussion regarding this year’s construction defect reform bill. It seems like every time a reporter broaches this issue in an article, there is a quote from a plaintiffs’ attorney stating that if builders would just build homes right, there would be no need for construction defect litigation. This is the sentiment expressed in the site www.BuildOurHomesRight.com. The problem with this argument is that it assumes that the “construction defects” for which associations sue are those only that affect the performance of the homes, or are likely to affect the performance of the homes during the useful life of the component at issue. Unfortunately, this is simply not the case. Over the years, the plaintiffs’ bar has stacked the deck, so to speak, making actionable every technical building code violation, regardless of whether it has any impact, or will ever likely have any impact, on the performance of the homes involved. Read the court decision
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    Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    Avoid Five Common Fraudulent Schemes Used in Construction

    December 02, 2019 —
    Here’s an attention-getting statistic: A typical case of fraud in the construction industry has a median loss of $227,000, according to the 2018 Report to the Nations issued by the Association of Certified Fraud Examiners (ACFE) on occupational or internal fraud. This report further showed that the construction industry’s median loss is approximately $119,000 higher than the average fraud losses across all industries. Construction companies are most at risk for fraud related to corruption (such as bribes and kickbacks), billing related schemes, expense reimbursements, check tampering and equipment or material theft. This brings up three important questions:
    • What are the fraud schemes affecting your company?
    • How can contractors keep their companies from experiencing these types of fraud?
    • What is the profile of fraudster?
    The threat of fraud can never be wholly removed; however, companies should take steps to identify likely fraud schemes they might face. Below are a number of schemes frequently used to defraud construction companies. Reprinted courtesy of Ken Van Bree, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of