Cambridge Massachusetts Building Expert Directory

A Look at Business and Professions Code Section 7031

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
Garret Murai, on his California Construction Law Blog, stated that California’s Business and Professions Code Section 7031 has often been described as draconian, harsh, and unjust—but still enforceable. The section does two things: first, it “prohibits unlicensed or improperly licensed contractors from suing to recover compensation for construction work requiring a license,” and second, it “permits property owners to sue such contractors for disgorgement of all compensation paid for such work.” According to Murai, the “strict enforcement of Section 7031” is thought to ensure “that contractors meet the minimum qualifications necessary for licensure.” Murai analyzed the case E. J. Franks Construction, Inc. v Sahota, which “carved out a limited exception to Section 7031 for contractors who form business entities and transfer their existing contractor’s license to such entities.” Read the court decision
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Arbitration and Mediation: What’s the Difference? What to Expect.

September 09, 2019 — Brittany Rupley Haefele - Porter Law Group
Mediation Mediation is a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable settlement agreement. During this process, a neutral third party, with no decision-making power, intervenes in the dispute to help the litigants voluntarily reach their own agreement. Through a series of discussions, statements and private caucuses between the parties and the mediator, the process lets both parties negotiate and agree to a resolution with which everyone can abide. It is an excellent method of bringing a dispute to a conclusion without the further uncertainty and expense of litigation. Arbitration Arbitration, in addition to mediation, is one of the most common methods of alternative dispute resolution (“ADR”), whereby the parties bring a dispute before a disinterested third party who is typically selected by both parties. An arbitrator hears evidence presented by the parties, makes legal rulings, determines facts and makes an arbitration award. Arbitration awards may be entered as judgments in accordance with the agreement of the parties or, where there is no agreement, in accordance with California statutes. Arbitrations can be binding or non-binding, as agreed by the parties in writing. In most cases, the arbitrator’s decision is binding and final. When is it Appropriate to Engage in Mediation and/or Arbitration? Mediation can be held at any time, before or during a lawsuit. It is a voluntary process, where both sides simply agree to go to mediation in an effort to get the case settled. Sometimes, it is a contractually required process for the parties to complete prior to going to litigation or arbitration. Typically, in this situation, if a party ignores this requirement and fails to participate in a contractually mandated mediation, they will lose their rights to recover attorneys’ fees and costs – even if they ultimately prevail. Other times, mediation is strongly encouraged by the judge if a lawsuit has already been filed, and some would even say, ordered by the court (though it is typically not called “mediation” but something very similar like a “Dispute Resolution Conference” or “Mandatory Settlement Conference”). Read the court decision
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Reprinted courtesy of Brittany Rupley Haefele, Porter Law Group
Ms. Haefele may be contacted at bhaefele@porterlaw.com

10-story Mass Timber 'Rocking' Frame Sails Through Seismic Shake Tests

June 19, 2023 — Nadine M. Post - Engineering News-Record
A 10-story mass timber “rocking” frame, designed to be resilient enough to withstand powerful earthquakes with little or no structural damage, proved its worth May 9 during seismic simulations at the largest high-performance outdoor shake table, located at the University of California San Diego. 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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68 Lewis Brisbois Attorneys Recognized in 5th Edition of Best Lawyers: Ones to Watch in America

September 23, 2024 — Lewis Brisbois Newsroom
(August 15, 2024) – 68 Lewis Brisbois attorneys across 26 offices have been named to the 5th edition of “Best Lawyers: Ones to Watch in America.” Congratulations to the following attorneys on this recognition! You can see the list of Lewis Brisbois attorneys named to Best Lawyers' 30th edition of The Best Lawyers in America here. Reprinted courtesy of Lewis Brisbois Read the full story... Read the court decision
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New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors

September 08, 2016 — Wally Zimolong – Supplemental Conditions
The lack of insurance coverage for a contractor’s faulty workmanship is the bane of both homeowners looking to recover damage for defective work and contractors seeking to defend against such claims. In many states, like Pennsylvania, courts hold that faulty workmanship is not an “occurrence” that is covered by a standard commercial general liability insurance policy. In other words, courts hold that CGL policies cover damage to other property not part of the construction project itself. This is problematic for both the homeowner and the insured. For the homeowner, the lack of a policy providing indemnification sometimes means the homeowner is left trying to collect against a defendant, who is otherwise but has little to no assets against which to collect a judgment. For the contractor, the lack of a policy providing coverage means that assets are at risk and it could be forced to spend significant sums in attorneys fees defending the case. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Graham & Who May Trigger The Need To Protest

December 23, 2023 — Hugo Fraga - Ahlers Cressman & Sleight PLLC
On May 30, 2023, the Washington Court of Appeals, Division I, issued a decision that appears to expand a contractor’s obligation with respect to WSDOT notice and claim procedures. In Graham Contracting, Ltd. v. City of Federal Way, No. 83494-1-I, 2023 WL 3721171 (Wash. Ct. App. May 30, 2023) (Unpublished), the Court held that under the 2016 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (“Standard Specifications”), a Contractor must protest the actions of not only the “Engineer” but also the actions of any person or organization acting on behalf of the Owner. This case arises out of a public construction contract in which Graham Contracting Ltd (“Graham”) built a multi-million dollar roadway improvement for the City of Federal Way along a stretch of Pacific Highway. The appeal was from the trial court’s granting of the City’s motion for summary judgment to dismiss claims by Graham for extra time and money due to delays and impacts to Graham’s construction of the Project. Read the court decision
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Reprinted courtesy of Hugo Fraga, Ahlers Cressman & Sleight PLLC
Mr. Fraga may be contacted at hugo.fraga@acslawyers.com

Wendel Rosen’s Construction Practice Group Receives First Tier Ranking

January 28, 2015 — Garret Murai – California Construction Law Blog
We try to limit our narcissism here at Wendel Rosen but every once in a while we toot our own horn. Lawyers are, after all, a rather sad, competitive, yet insecure bunch (i.e., we eat this stuff up). We’re proud to announce that Wendel Rosen’s Construction Practice Group has received a first tier ranking in U.S. News & World Reports’ Best Law Firms for 2015. This is the second year the Construction Practice Group has received a first tier ranking. Yay us! Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

New York City Dept. of Buildings Explores Drones for Facade Inspections

December 13, 2021 — Jeff Rubenstone - Engineering News-Record
Drones have only seen limited use in New York City for construction documentation and facade inspections due to restrictive local ordinances. But that may be changing with the release of a new report from the New York City Dept. of Buildings, which sees future potential for unmanned aerial vehicles (UAV), or drones, to be used in building facade inspections. Reprinted courtesy of Jeff Rubenstone, Engineering News-Record Mr. Rubenstein may be contacted at rubenstonej@enr.com Read the full story... Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES