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    Massachusetts Builders Right To Repair Current Law Summary:

    Current Law Summary: Case law precedent


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    No state license required for general contracting. Licensure required for plumbing and electrical trades. Companies selling home repair services must be registered with the state.


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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


    Seven Coats Rose Attorneys Named to Texas Rising Stars List

    A Construction Stitch in Time

    Eleventh Circuit Reverses Attorneys’ Fee Award to Performance Bond Sureties in Dispute with Contractor arising from Claim against Subcontractor Performance Bond

    Court Holds That Parent Corporation Lacks Standing to Sue Subsidiary’s Insurers for Declaratory Relief

    CISA Clarifies – Construction is Part of Critical Infrastructure Activities

    Maximizing Contractual Indemnity Rights: Insuring the Indemnitor's Obligation

    Subcontractors Must be Careful Providing Bonds when General Contractor Does Not

    Construction Defect Scam Tied to Organized Crime?

    Arizona Court Cites California Courts to Determine Construction Defect Coverage is Time Barred

    First Circuit Limits Insurers’ Right to Recoup Defense Costs or Settlement Payments

    Wells Fargo Shuns Peers’ Settlement in U.S in Mortgage

    Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2020

    OSHA’s Multi-Employer Citation Policy: What Employers on Construction Sites Need to Know

    Homebuyers Get Break as Loan Rates Defy Fed Tapering: Mortgages

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

    Subcontractor Exception to "Your Work" Exclusion Does Not Apply to Coverage Under Subcontractor's Policy

    Conversations with My Younger Self: 5 Things I Wish I Knew Then

    Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

    Tennessee Court: Window Openings Too Small, Judgment Too Large

    U.S. Codes for Deck Attachment

    Landlords, Brace Yourselves: New Law Now Limits Your Rental Increases & Terminations

    Paris ‘Locks of Love’ Overload Bridges, Threatening Structures

    Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts

    How Helsinki Airport Uses BIM to Create the Best Customer Experience

    When Must a New York Insurer Turn Over a Copy of the Policy?

    Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace

    Uneven Code Enforcement Seen in Earthquake-Damaged Buildings in Turkey

    Connecticut Appellate Court Breaks New Ground on Policy Exhaustion

    Sellers' Alleged Misrepresentation Does Not Amount To An Occurrence

    Florida Decides Against Adopting Daubert

    Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know

    Changes to Pennsylvania Mechanic’s Lien Code

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    Rio de Janeiro's Bursting Real-Estate Bubble

    Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

    Texas and Georgia Are Paying the Price for Sprawl

    Statutory Bad Faith and an Insured’s 60 Day Notice to Cure

    New OSHA Rule Creates Electronic Reporting Requirement

    University of California Earthquake Report Provides List of Old Concrete Buildings in LA

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    Insurers Dispute Sharing of Defense in Construction Defect Case

    Judge Nixes SC's $100M Claim Over MOX Construction Delays

    Architect, Engineer, and Design Professional Liens in California: A Different Animal than the Mechanics’ Lien

    Exclusions Bar Coverage for Damage Caused by Chinese Drywall

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    Construction Defect Journal Seeks Article Submissions Regarding SB800 and Other Builders Right to Repair Laws

    New York Labor Laws and Action Over Exclusions

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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

    Insurer's Failure to Settle Does Not Justify Multiple Damages under Unfair Claims Settlement Law

    February 04, 2013 —
    Although the insurer failed to understand the pertinent law that mandated coverage under the policy, its actions did not rise to an unfair claim settlement practice justifying multiple damages. Gelwan v. Vermont Mut. Ins. Co., 2013 U.S. app. LEXIS 210 (2nd Cir. Jan. 4, 2013). In 1999, a contractor re-roofed the insureds' home. The job was poorly done, and an imperfect seal was created. Over several years, various structures within the house were damaged by water, which caused the rotting of structural beams and joists. The insureds sued for coverage under their homeowners policy. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred Eyerly
    te@hawaiilawyer.com

    Brown Act Modifications in Response to Coronavirus Outbreak

    March 30, 2020 —
    Gov. Gavin Newsom waived certain provisions of the Bagley-Keene Act and Ralph M. Brown Act to make state and local legislative bodies safer while allowing California public entities to conduct business. In an effort to promote social distancing and slow the spread of the coronavirus pandemic Gov. Newsom issued Executive Order N-25-20. The Executive Order authorizes state and local legislative bodies, such as school district and county office of education governing boards, to more easily hold public meetings by way of teleconference. The order took further steps to make public meetings accessible to the public via electronic means, including telephone. The Brown Act generally requires legislative body members, a clerk, or other personnel to be physically present in a meeting in order to participate or establish a quorum. Executive Order N-25-20 temporarily eliminates this requirement. Furthermore, standard Brown Act requirements such as publicly noticing the teleconference location for each meeting participant is also suspended. Clearly, this is an attempt to protect the public, as well as Board members and staff, by temporarily discouraging large group settings in the conduct of the public’s business. Read the court decision
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    Reprinted courtesy of Gregory J. Rolen, Haight Brown & Bonesteel
    Mr. Rolen may be contacted at grolen@hbblaw.com

    The Cheapest Place to Buy a House in the Hamptons

    August 20, 2018 —
    Figuring out how much a home is worth in a vacation destination is often an uphill battle. Whereas normal property markets have prices that are tied closely to square footage, size of a lot, quality of a building, and its proximity to basic services, many of those calculations go out the window when it comes to a market comprised of second homes. “Nobody needs anything out here,” says Chris Foglia, a broker at the Hamptons-based Daniel Gale Sotheby’s International Realty. “They all want.” Read the court decision
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    Reprinted courtesy of James Tarmy, Bloomberg

    Texas Supreme Court Holds Stipulated Extrinsic Evidence May Be Considered in Determining Duty to Defend

    May 10, 2022 —
    Responding to certified questions from the Fifth Circuit, the Texas Supreme Court held that in limited circumstances, extrinsic evidence may be considered in determining the duty to defend. Monroe Guar. Ins. Co. v. Bitco Gen. Ins. Corp., 2022 Tex. LEXIS 148 (Tex. Feb. 11, 2022). The two insurers each provided CGL coverage to the insured, 5D Drilling & Pump Service, Inc., at different times. BIitco provided two consecutive one-year CGL policies covering October 2013 to October 2015. Monroe's CGL policy covered 5D from October 2015 to October 2016. 5D was sued by David Jones for breach of contract and negligence, seeking damage allegedly resulting from 5D's drilling operations on Jones's property. Jones contracted with 5D in the summer of 2014 to drill a 3600-foot irrigation well on his farmland. The complaint did not detail when 5D's purportedly negligent acts occurred or even when 5D began or stopped the work. 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

    Are Contracting Parties Treated the Same When it Comes to Notice Obligations?

    June 25, 2019 —
    Overview Experienced project delivery team members know too well the importance of timely and proper notice during a construction project. Ideally, contractual notice provisions, and any penalties for non-compliance, should apply equally to all of the contracting parties. For example, failure to comply with a notice provision concerning contract changes could bar a party from pursuing claims. And, untimely or improper notice can, likewise, prevent certain defenses to claims. Nowhere is notice more scrutinized than in the federal government contracting arena. Recently, the United States Court of Federal Claims issued two separate decisions involving the same construction project and the same parties and dealing with two specific aspects of notice in the federal government contracting process. The court’s decisions on the notice issues may, at first, appear to contradict each other or to favor one party over the other. A closer look at these two decisions reveals that notice requirements, in the context of federal government construction contracts, can come in multiple forms and notice is not a “one size fits all” proposition. Read the court decision
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    Reprinted courtesy of G. Scott Walters, Smith Currie
    Mr. Walters may be contacted at gswalters@smithcurrie.com

    Foundation Arbitration Doesn’t Preclude Suing Over Cracks

    March 28, 2012 —

    The Louisiana Court of Appeals has reversed the decision of a lower court, allowing a construction defect case to go through. In Greer v. Town Construction Company, the Greers hired Town Construction to build a home in Baton Rouge. The business relationship went sour, with disputes over “costs, change orders, workmanship, and timeliness issues.”

    Town Construction filed an arbitration claim for the unpaid contract balance. In the counterclaim, the Greers made claims of mold and mildew problems, and wall cracks that they attributed to a “structural defect in the foundation.” In arbitration, Town Construction was awarded the full contract balance plus extra costs and interest, while the Greers were awarded for their structural claims.

    Three years later, the Greers found additional cracks and filed a suit against Town Construction. Town Construction argued that the Greer’s lawsuit should be dismissed, as the claims had already been through the arbitration process. The district court agreed with Town Construction and dismissed the suit.

    The appeals court noted that the Greers would have no ground for a suit if the arbitration was a “valid and final judgment,” and went on to note that there was no evidence in the trial record that the arbitration met this qualification. The court noted that although it was clear that both parties had agreed to the decisions of the arbiter, under Louisiana law, arbitration is not final until it has been “rendered by a court with jurisdiction over subject mater and over parties.”

    The court remanded the case to the lower court, noting that “the district court is obligated to first determine whether a valid arbitration award is in existence and had been confirmed before considering the merits of the exception. The court noted that their decision “should not be read to express any opinion as to the merits of the claims or as to the propriety of damages sought in the Greer’s lawsuit.”

    Read the court’s decision…

    Read the court decision
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    Reprinted courtesy of

    Ensuring Arbitration in Construction Defect Claims

    February 04, 2013 —
    Jared E. Berg and John W. Mill of Sherman & Howard note that developers and general contractors would prefer that construction defect claims against them go to arbitration, instead of ending up in front of a jury. They say “there is a way to do this.” For the developer and general contractor, arbitration is “typically less costly and time consuming than litigation.” On the other side, home owner associations “tend to prefer litigation because the up-front costs of arbitration are greater and they would rather have their cases tried to a jury than a panel of arbitrators in the belief juries offer greater potential for high damage awards. In order to avoid arbitration, “HOAs have taken advantage of their statutory rights to amend declarations by instructing their members to approve amendments removing arbitration clauses. However, in a recent Colorado case, the developer had taken a precaution of including in the arbitration clauses that “they could not be removed from the declarations by amendment with the developer’s and general contractor’s consent.” The homeowners association had voted to remove these clauses, but the judge found that they could not do so. Berg and Mill give the advice to “include in the declaration’s arbitration clause a provision making your consent required to amend or nullify the arbitration provision,” adding that “courts will enforce this kind of consent provision.” Read the court decision
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    Reprinted courtesy of

    Examining Construction Defect as Occurrence in Recent Case Law and Litigation

    February 05, 2014 —
    In Lexology, Stephen M. Prignano and Nora A. Valenza-Frost of Edwards Wildman Palmer LLP examined recent case law and litigation to discuss whether or not construction defects are construed as an occurrence in the current legal climate. Prignano and Valenza-Frost stated, “The determination of whether there is coverage under a CGL policy for a construction defect claim requires an insurer to carefully examine the law of the relevant jurisdiction. Courts and legislatures continue to reach different conclusions respecting coverage, and some states have a more well-developed body of law on these issues than others.” Read the court decision
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    Reprinted courtesy of