Cambridge Massachusetts Building Expert Directory

New Jersey Judge Found Mortgage Lender Liable When Borrower Couldn’t Pay

August 06, 2014 — Beverley BevenFlorez-CDJ STAFF
According to the New Jersey Law Journal, Freedom Mortgage Corporation has to pay treble damages and legal fees after Bergen County Superior Court Judge Gerald Escala found the company “liable under New Jersey’s Consumer Fraud Act for providing a home refinance loan to a 70-year-old borrower it should have known would be unable to make the payments.” “Escala further ruled that Freedom Mortgage must hold off on obtaining a foreclosure judgment for a year to allow an opportunity for borrower Mamie Major to look for someone to buy the property or to obtain refinancing elsewhere,” the New Jersey Law Journal reported. Read the court decision
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Structural Health Check-Ups Needed but Are Too Infrequent

August 16, 2021 — Jeff Rubenstone - Engineering News-Record
Knowing when a building is structurally deteriorating, and actually doing something about it can be very different things, as the collapse in Surfside, Fla., has shown this month. And while onsite visual inspections are still the common kind of structural assessment, other methods can assess the health of a building or piece of infrastructure and determine its soundness (see p. 69). Reprinted courtesy of Jeff Rubenstone, Engineering News-Record Mr. Rubenstone may be contacted at rubenstonej@enr.com Read the full story... Read the court decision
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Oracle Sues Procore, Claims Theft of Trade Secrets for ERP Integration

November 25, 2024 — Jeff Yoders - Engineering News-Record
Oracle, Inc., has sued Procore in federal court in Northern California, accusing the construction management platform provider of stealing confidential information related to developing enterprise resource planning products for contractors. Read the court decision
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Reprinted courtesy of Jeff Yoders, ENR
Mr. Yoders may be contacted at yodersj@enr.com

UK Court Rules Against Bechtel in High-Speed Rail Contract Dispute

March 29, 2021 — Peter Reina - Engineering News-Record
The U.K. subsidiary of Bechtel Inc. has lost its legal challenge against the owner of the U.K. London-Birmingham high-speed railroad project, HS2, over its failed bid for a roughly $140-million Construction Partner (CP) contract in early 2019. Reprinted courtesy of Peter Reina, Engineering News-Record Mr. Reina may be contacted at reina@btinternet.com Read the full story... Read the court decision
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No Coverage Based Upon Your Prior Work Exclusion

October 01, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The California Court of Appeal affirmed the trial court's determination of no coverage for construction defects based upon the policy's prior work exclusion. Yu v. Landmark Am. Ins. Co., 2014 Cal. App. Unpub. LEXIS 5966 (Cal. Ct. App. Aug. 22, 2014). Plaintiff was the owner and developer of a hotel. She contracted with ATMI Design Build to act as general contractor to construct the hotel. C&A Framing Company was a subcontractor to provide rough framing for the project. In May 2003, ATMI fired C&A before it had completed all the work required by the subcontract. After May 2003, C&A never returned to the construction site. Notice of Completion for the project was recorded April 15, 2004. In September 2004, Landmark issued to C&A a CGL policy for the period September 18, 2004 to September 18, 2005. The policy was later cancelled, effective January 14, 2005. The policy contained an endorsement entitled, "Exclusion - Your Prior Work." The exclusion barred coverage for "'property damage' arising out of 'your work' prior to 9/18/04." Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

New World Cup Stadiums Failed at their First Trial

March 12, 2014 — Beverley BevenFlorez-CDJ STAFF
Problems abounded at the inaugural match at one of the new World Cup stadiums in Manaus, Brazil, reported The News Tribune. Problems also were reported at the Arena da Amazonia. Bathrooms weren’t completed, roofs leaked, and some fans were sold tickets for seats that didn’t exist. Furthermore “construction material could be seen in some places and many wheelchair fans had difficulties accessing their seats.” "This is a critical point that needs to be reevaluated, it can't happen again," said Miguel Capobiango, one of the officials in charge of World Cup preparations in Manaus, as quoted by The News Tribune. "But this is why we have these test events." Read the court decision
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House Committee Kills Colorado's 2015 Attainable Housing Bill

May 07, 2015 — Derek Lindenschmidt – Higgins, Hopkins, McLain & Roswell, LLC
Senate Bill 177, the Colorado housing community’s effort to reinvigorate the construction of attainable multi-family housing and quell construction defect lawsuits, was killed by the House State, Veterans and Military Affairs Committee on Monday evening on a party-line vote. Although the bill received significant bipartisan support in the Senate, a broad coalition of municipalities, builders, contractors, and non-profit organizations was unable to convince a pre-determined “kill” committee of the merits and benefits of the bill. Read the court decision
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Reprinted courtesy of Derek Lindenschmidt, Higgins, Hopkins, McLain & Roswell, LLC
Mr. Lindenschmidt may be contacted at lindenschmidt@hhmrlaw.com

Surprising Dismissal of False Claims Act Case Based on Appointments Clause - What Does It Mean?

October 15, 2024 — Steven H. Lee - Lewis Brisbois Newsroom
Atlanta, Ga. (October 1, 2024) - In a surprising turn of events, the U.S. District Court for the Middle District of Florida recently dismissed a False Claims Act (FCA) lawsuit brought by relator Clarissa Zafirov against Florida Medical Associates, LLC, and other defendants. U.S. District Judge Kathryn Kimball Mizelle ruled that the FCA’s qui tam provisions, which allow private individuals to bring lawsuits on behalf of the government, violate the Constitution’s Appointments Clause. This decision follows another unexpected ruling by U.S. District Judge Aileen Cannon in the Southern District of Florida, where the court similarly dismissed an indictment against former President Donald Trump based on the same constitutional clause. At the heart of these rulings is the argument that FCA relators - who decide whom to sue, which legal theories to pursue, and how to proceed - exercise significant executive authority. Because they are not appointed by the President, a department head, or a court, the judges concluded that these relators hold their positions unconstitutionally. As a result, Judge Mizelle dismissed the case entirely. Read the court decision
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Reprinted courtesy of Steven H. Lee, Lewis Brisbois
Mr. Lee may be contacted at Steven.Lee@lewisbrisbois.com

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