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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


    Where Breach of Contract and Tortious Interference Collide

    Firm Seeks to Squash Subpoena in Coverage CD Case

    Mind The Appeal Or: A Lesson From Auto-Owners Insurance Co. V. Bolt Factory Lofts Owners Association, Inc. On Timing Insurance Bad Faith And Declaratory Judgment Insurance Claims Following A Nunn-Agreement

    Pending Home Sales in U.S. Increase Less Than Forecast

    Federal Court Again Confirms No Coverage For Construction Defects in Hawaii

    Florida Governor Bans Foreign Citizens From Buying Land in Florida

    New Utah & Colorado Homebuilder Announced: Jack Fisher Homes

    Once Again: Contract Terms Matter

    Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar

    Ohio Court of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims

    Thank You for Seven Years of Election to Super Lawyers

    Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

    Contract Change #1- Insurance in the A201 (law note)

    The Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?

    Nevada Senate Rejects Construction Defect Bill

    Newmeyer & Dillion Appoints Partner Carol Zaist as General Counsel

    Where Do We Go From Here?

    Insurance Policy to Protect Hawaii's Coral Reefs

    Contractor Allegedly Injured after Slipping on Black Ice Files Suit

    The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence

    Los Angeles Team Secures Summary Judgment for Hotel Owner & Manager in Tenant’s Lawsuit

    The Rubber Hits the Ramp: A Maryland Personal Injury Case

    Back Posting with Thoughts on Lien Waivers

    Traub Lieberman Partners Lenhardt and Smith Obtain Directed Verdict in Broward County Failed Repair Sinkhole Trial

    What Does “Mold Resistant” Really Mean?

    Traub Lieberman Partner Katie Keller and Associate Steven Hollis Obtain Summary Judgment Based on Plaintiff’s Failure to Comply with Policy Conditions

    A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

    2011 West Coast Casualty Construction Defect Seminar – Recap

    City of Aspen v. Burlingame Ranch II Condominium Owners Association: Clarifying the Application of the Colorado Governmental Immunity Act

    State-Fed Fight Heats Up Over Building Private Nuclear Disposal Sites

    Attempt to Overrule Trial Court's Order to Produce Underwriting Manual Fails

    Defects in Texas High School Stadium Angers Residents

    Arizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action Suit

    COVID-19 Is Not Direct Physical Loss Or Damage

    Motions to Dismiss, Limitations of Liability, and More

    You May Be Able to Dodge a Bullet, But Not a Gatling Gun

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    Seventh Circuit Confirms Additional Insured's Coverage for Alleged Construction Defects

    Caltrans Reviewing Airspace Program in Aftermath of I-10 Fire

    A Court-Side Seat: An End-of-Year Environmental Update

    Elizabeth Lofts Condo Owners Settle with Plumbing Supplier

    Surety's Settlement Without Principal's Consent Is Not Bad Faith

    Wall Failure Due to Construction Defect Says Insurer

    Effectively Managing Project Closeout: It Ends Where It Begins

    Former NJ Army Base $2B Makeover is 'Buzzsaw' of Activity

    A Landlord’s Guide to the Center for Disease Control’s Eviction Moratorium

    Hanover, Germany Apple Store Delayed by Construction Defects

    Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

    Suspend the Work, but Don’t Get Fired

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    Corporate Profile

    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. Leveraging 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

    Justice Dept., EPA Ramp Up Environmental Justice Enforcement

    May 30, 2022 —
    The U.S. Justice Dept. plans to launch a new office within its Environment and Natural Resources Division that will focus on enforcing environmental laws in communities that are most affected by pollution and environmental-related crimes, administration officials said May 5. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story... Read the court decision
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    Daniel Ferhat Receives Two Awards for Service to the Legal Community

    July 19, 2021 —
    Partner Daniel Ferhat was recently recognized by The Philadelphia Association of Defense Counsel (PADC) with the President’s Award at PADC’s Annual Meeting. This award was given in recognition of Dan’s leadership as President of PADC over the past year. Recognized as the oldest continuously operating local defense organization in the United States, PADC is comprised of over 300 attorneys and acts as a voice for its members and the clients they serve on emerging issues of interest. Dan also received the Exceptional Performance Award from the Defense Research Institute (DRI), which is the largest international membership organization of attorneys defending the interests of businesses and individuals in civil litigation. DRI’s Exceptional Performance Award is given annually to an individual who has supported and improved the standards and education of the defense bar, and for having contributed to the improvement of the administration of justice in the public interest. Read the court decision
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    Reprinted courtesy of Daniel Ferhat, White and Williams LLP
    Mr. Ferhat may be contacted at ferhatd@whiteandwilliams.com

    Don't Count On a Housing Slowdown to Improve Affordability

    June 13, 2022 —
    As mortgage rates continue to rise, all eyes are fixed on the housing market for signs of a potential slowdown. But any slowdown that does materialize won't affect the industry equally because it isn't going to be about fundamental problems with the housing market. Rather, it will be the result of the Federal Reserve intentionally increasing borrowing costs to cool off inflation. The Fed's efforts are happening in the context of a supply-constrained market where homebuilders have been struggling to complete as many homes as they would like. Any negative impact of rising mortgage rates would be felt disproportionately where affordability problems already are the worst — high-cost coastal markets — and then in materials for the early part of the construction cycle, such as lumber. Understanding the nature of the housing challenge is important so that you aren’t tempted to compare the situation with past downturns. For now, at least, there is no broad industry downturn as we’ve seen before in oil and gas or the technology sector that would lead to the housing market suffering in places like Houston or the San Francisco Bay Area. Homeowners haven't taken on too much debt, and there's no inventory glut — quite the opposite, in fact — that would lead to a broad-based downturn. Read the court decision
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    Reprinted courtesy of Conor Sen, Bloomberg

    Review your Additional Insured Endorsement

    March 26, 2014 —
    In his blog, Construction Contractor Advisor, Craig Martin explained the importance of reviewing your additional insured endorsement. Martin pointed out that in Mississippi, the “Fifth Circuit Court of Appeals recently ruled in Woodward, LLC v. Acceptance Indemnity Insurance Company, that a general contractor, named as an additional insured, did not have coverage for claims that a subcontractor performed faulty work.” The problem “was the language in the additional insured endorsement, which provided coverage for ongoing operations, not completed operations.” While Martin admitted that the case applies to Mississippi, he concluded that “the issue Midwestern readers should consider is the court’s conclusion that non-conformance with the plans, in essence a construction defect claim, arises from completed operations.” Read the court decision
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    Reprinted courtesy of

    Hunton Insurance Group Advises Policyholders on Issues That Arise With Wildfire Claims and Coverage – A Seven-Part Wildfire Insurance Coverage Series

    June 27, 2022 —
    Wildfires destroy millions of acres a year in the United States, spewing smoke across much of the nation. The cost of damage alone over the past several years soars into the hundreds of billions. As wildfires continue to spread, particularly as we enter wildfire season, policyholders’ claims will rise and with that, so too will wildfire insurance coverage issues. Many believe that when a fire damages their property and/or interrupts their business operations, a claim gets submitted and is automatically paid; sadly, this is often not the case. In a seven-part series delving into issues relating to wildfire insurance coverage, the Hunton insurance group provides a comprehensive understanding of the types of policies that may be available, legal and factual issues that may arise, and steps policyholders can take – both in advance and during the claims process – to maximize recovery. The following issues will be addressed:
    • Part One: Types of Wildfire-Related Losses and the Policies That May Provide Coverage
    • Part Two: Coverage for Smoke-Related Damages
    • Part Three: Standard Form Policy Exclusions
    • Part Four: Coverage for Supply Chain Related Losses
    • Part Five: Valuation of Loss, Sublimits, and Amount of Potential Recovery
    • Part Six: Ensuring Availability of Insurance and State Regulations
    • Part Seven: How to Successfully Prepare, Submit and Negotiate the Claim
    Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth and Yosef Itkin, Hunton Andrews Kurth Mr. DeVries may be contacted at sdevries@HuntonAK.com Mr. Itkin may be contacted at yitkin@HuntonAK.com Read the court decision
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    Balcony Collapses Killing Six People

    June 17, 2015 —
    Six college students died from injuries that occurred when a balcony collapsed at a downtown apartment complex in Berkeley, California, according to Berkeleyside. The city of Berkeley ordered a structural inspection of the remaining balconies at Library Gardens, and to immediately remove the failed balcony. The following day Berkeleyside reported that the city ordered the Library Gardens’ owners to remove another balcony after “[i]nspectors determined that the third-floor balcony ‘was structurally unsafe and presented a collapse hazard endangering public safety.’” Berkeley’s mayor, Tom Bates, stated that “investigators believe the wood wasn’t sealed properly at the time of construction and was damaged by moisture as a result,” the Wall Street Journal reported. Read the full story, 6/16/15 Berkeleyside article... Read the full story, 6/17/15 Berkeleyside article... Read the full story, Wall Street Journal... Read the court decision
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    Housing Buoyed by 20-Year High for Vet’s Loans: Mortgages

    July 23, 2014 —
    During his third deployment in Afghanistan, Air Force Staff Sgt. Claude Hunter was so eager to return to the U.S. and buy a house that he signed a contract for a property that his agent showed him over Skype. Hunter got back in time to close the deal, paying $219,000 in May for the four-bedroom Waldorf, Maryland, house that he financed with a U.S. Department of Veterans Affairs mortgage. It didn’t require a down payment. “On Facebook, my friends have started posting: ‘I got my VA loan, I got my house,’” said Hunter, 31. “Everybody is just ready. A lot of them have done their jobs overseas and are coming home.” America’s fragile housing recovery is getting a boost from military buyers using VA mortgages as the U.S. draws down troops after more than a decade of combat in Iraq and Afghanistan. About 4.7 million full-time troops and reservists served during the wars and many are now able to take advantage of one of the easiest and cheapest paths to homeownership. The program’s share of new mortgages, at a 20-year high, is also increasing as other types of government-backed loans have grown more costly. Mr. Gopal may be contacted at pgopal2@bloomberg.net; Ms. Shenn in New York at jshenn@bloomberg.net Read the court decision
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    Reprinted courtesy of Prashant Gopal and Jody Shenn, Bloomberg

    Changes to Comprehensive Insurance Disclosure Act in New York Introduced

    February 07, 2022 —
    As discussed in our post on Friday, January 7, 2022, Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, mandating comprehensive, automatic disclosures regarding insurance in all cases pending in New York courts. Although the law was signed as written, Governor Hochul also made proposed amendments to the law, in the form of a “redline” in an attempt to make the law less onerous on insurance companies and businesses. On January 18, 2022, Senator Andrew Gounardes introduced Senate Bill 7882, incorporating Governor Hochul’s proposed amendments:
    • The time for disclosure would be 90 days of service of the answer, instead of 60.
    • The proof of insurance could constitute a declaration page only, if a party agrees in writing.
    • The required policies to be disclosed only relate to the claim litigated.
    Reprinted courtesy of Craig Rokuson, Traub Lieberman and Lisa M. Rolle, Traub Lieberman Mr. Rokuson may be contacted at crokuson@tlsslaw.com Ms. Rolle may be contacted at lrolle@tlsslaw.com Read the court decision
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