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    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


    What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

    Congratulations to San Diego Partner Alex Giannetto and Senior Associate Michael Ibach on Settling a Case 3 Weeks Into a 5-Week Trial!

    Does a Broker Forfeit His or Her Commission for Technical Non-Compliance with Department of Real Estate Statutory Requirements?

    Is There Direct Physical Loss Under A Property Policy When COVID-19 is Present?

    Montana Court Finds Duty to Defend over Construction Defect Allegation

    How BIM Can Serve Building Owners

    Nevada Senate Minority Leader Confident about Construction Defect Bill

    David M. McLain to Speak at the CLM Claims College - School of Construction - Scholarships Available

    Defining Catastrophic Injury Claims

    How the Election Could Affect the Housing Industry: Steven Cvitanovic Authors Construction Today Article

    Contractors Struggle with Cash & Difficult Payment Terms, Could Benefit From Legal Advice, According to New Survey

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

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

    Contractor Prevails in Part Against CalOSHA in Valley Fever Case

    Real Estate & Construction News Roundup (4/17/24) – Travel & Tourism Reach All-Time High, President Biden Emphasizes Housing in SOTU Address, and State Transportation Projects Under Scrutiny

    Real Estate & Construction News Round-Up (03/08/23) – Updates on U.S. Mortgage Applications, the Inflation Reduction Act, and Multifamily Sector

    One Colorado Court Allows Negligence Claim by General Contractor Against Subcontractor

    The Prolonged Effects on Commercial Property From Extreme Weather

    Steel Component Plant Linked to West Virginia Governor Signs $1M Pollution Pact

    Type I Differing Site Conditions Claim is Not Easy to Prove

    Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory

    Guessing as to your Construction Damages is Not the Best Approach

    BWBO Celebrating Attorney Award and Two New Partners

    Seattle’s Newest Residential Developer

    Soldiers Turn Brickies as U.K. Homebuilders Seek Workers

    In Louisiana, Native Americans Struggle to Recover From Ida

    Construction Litigation Roundup: “A Less Than Valiant Effort”

    Manhattan Home Prices Jump to a Record as Buyers Compete

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    Big Policyholder Win in Michigan

    Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors

    Comply with your Insurance Policy's Conditions Precedent (Post-Loss Obligations)

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

    Alaska District Court Sets Aside Rulings Under New Administration’s EO 13795

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    Emergency Paid Sick Leave and FMLA Leave Updates in Response to COVID-19

    Construction is the Fastest Growing Industry in California

    New Jersey Legislation Would Bar Anti-Concurrent Causation Clause in Homeowners' Policies

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    Federal Judge Refuses to Limit Coverage and Moves Forward with Policyholder’s Claims Against Insurer and Broker

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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. 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

    Traub Lieberman Attorneys Recognized as 2021 New York – Metro Super Lawyers®

    October 18, 2021 —
    Traub Lieberman is pleased to announce that six Partners from the Hawthorne, NY Office have been selected to the 2021 New York - Metro Super Lawyers list. 2021 New York – Metro Super Lawyers Read the court decision
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    Reprinted courtesy of Traub Lieberman

    Home Prices in 20 U.S. Cities Rose at Faster Pace in January

    April 01, 2015 —
    (Bloomberg) -- Home prices in 20 U.S. cities appreciated at a faster pace in the year ended in January, indicating the residential real-estate market continues to firm. The S&P/Case-Shiller index of property values increased 4.6 percent from January 2014, the biggest gain since September, after rising 4.4 percent the prior month, a report from the group showed Tuesday in New York. That matched the median projection of 28 economists surveyed by Bloomberg. On a national scale, prices rose 4.5 percent from January 2014. A dearth of supply will continue to drive up home prices heading into the busy spring selling season as demand is spurred by rising rents. Builders like KB Home expect to post strong revenue in the warmer months ahead, based on early signs of strength, particularly among first-time buyers. Read the court decision
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    Reprinted courtesy of Nina Glinski, Bloomberg
    Ms. Glinski may be contacted at nglinski@bloomberg.net

    Homeowner may pursue negligence claim for construction defect, Oregon Supreme Court holds

    March 01, 2011 —

    In Abraham v. T. Henry, Oregon’s court of appeals held that a Oregon’s court of appeals holds that a homeowner may sue builder for common law negligence absent a contractual provision that forecloses such a claim. Plaintiff homeowners hired defendant contractors to build a house. When plaintiffs discovered defects in the construction years later, they sued for negligence.

    The Court of Appeals held that the parties’ contractual relationship did not prevent a negligence claim, and that plaintiffs were entitled to pursue a negligence per se claim based on a violation of the Oregon Building Code.

    The Supreme Court affirmed, but on a somewhat different basis. First, according to the Court, a construction defect claim concerns damage to property — and not mere economic losses — and thus is not barred by the economic loss doctrine. Second, the existence

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    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    January 17, 2013 —

    The Fifth Circuit held that under Texas law, conclusory allegations of property damage in the underlying complaint did not trigger the insurer's duty to defend. PPI Tech. Serv., L.P. v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 24571 (5th Cir. Nov. 29, 2012).

    Royal Production Company was the lessor and operator of three leases for oil exploration. Royal retained the insured, PPI, as its agent to assist in well-planning and oversee the drilling of wells on the leases.

    A well was drilled on one of the three leased areas, but in resulted in a dry hole. It was later discovered that the well had been drilled on the wrong lease. Royal sued PPI for negligence, claiming that PPI caused the drilling rig to be towed to the wrong location, resulting in a dry hole and "property damage." 

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    Reprinted courtesy of Tred Eyerly
    Tred Eyerly can be contacted at te@hawaiilawyer.com

    Colorado Senate Bill 13-052: The “Transit-Oriented Development Claims Act of 2013.”

    January 25, 2013 —

    Last fall the Denver Regional Council of Governments approached the Colorado Association of Home Builders to inquire as to why there are no builders developing or constructing for-sale, multi-family projects along the newly constructed light rail lines. By surveying its membership, the CAHB quickly learned that the biggest impediment to such construction is Colorado’s litigation environment, i.e., “if you build it, they will sue.” This started a dialogue within the industry in order to determine what changes developers and general contractors would like to see made in order to consider again building for-sale, multi-family construction. The result of this dialogue is Senate Bill 13-052, introduced on January 16, 2013, and known as the Transit-Oriented Development Claims Act of 2013, sponsored by Senators Scheffel and Cadman and Representative DelGrosso. You can find the current iteration of SB 13-052 here

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    Reprinted courtesy of David McLain
    Mr. McLain can be contacted at mclain@hhmrlaw.com

    Key Amendments to Insurance Claims-Handling Regulations in Puerto Rico

    September 23, 2019 —
    Policyholders in Puerto Rico should be aware of significant benefits provided by recent amendments to the Insurance Code. New rules establish an expedited method of property insurance dispute resolution, mandatory expedited partial payments in the event of catastrophic events, and protection against bad faith claims handling by insurers. Appraisal Process with a Puerto Rican Twist A key amendment is the establishment of an appraisal process, widely used for many years in the United States and now adopted in Puerto Rico. Commercial and personal property insurers in Puerto Rico shall include, in their policies, a clause for an appraisal process according to Article 11.150 of the Insurance Code of Puerto Rico, 26 L.P.R.A. § 101 et seq. (“the Code”). The appraisal process provides both policyholders and insurers the option to submit insurance claims to an impartial umpire if a dispute arises over the value of covered damages or losses. The umpire and appraisers do not have authority to resolve coverage or legal issues. They can only resolve disputes over the quantum claimed for losses already determined to be covered by the insurer. Id. Each party is required to pay its own appraiser’s fees and split equally the fees of the umpire. Id. Reprinted courtesy of Andres Avila, Saxe Doernberger & Vita, P.C. and Richard W. Brown, Saxe Doernberger & Vita, P.C. Mr. Avila may be contacted at ara@sdvlaw.com Mr. Brown may be contacted at rwb@sdvlaw.com Read the court decision
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    Meet the Forum's In-House Counsel: ERIN CANNON-WELLS

    June 26, 2023 —
    Company: Keller North America, Inc. Email: ecannon@keller-na.com Website: https://www.keller-na.com/ Under Grad: University of Delaware (Bachelor of Civil Engineering 2000) Grad School: The University of Texas (Master of Civil Engineering 2002) Law School: Howard University (JD 2008) States Where Company Operates/Does Business: Throughout the US and Canada Q: Describe your background and the path you took to becoming in-house counsel. A: I studied civil engineering in undergrad and finally found my "calling" when I took a construction course, prompting me to pursue a master's in construction engineering. I started my career at Turner, holding various engineering positions, the last of which introduced me to the "contracting" side of construction. I was inspired to go to law school (in hopes of becoming an in-house lawyer there). After law school, I joined BigLaw, but maintained my desire to practice construction law. I then jumped to a small construction practice group at a mid-size firm, and the mentoring and experience there was everything I could hope for (but for the looming business development and billable hour requirements). From there, I became the sole in-house counsel for a large cement manufacturer and was a true construction generalist. Now I am part of a great legal team for a leading geotechnical specialty contractor. My moves were strategic, and I'm pleased to say that this is the very career I went to law school to have. Read the court decision
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    Reprinted courtesy of Jessica Knox, Stinson LLP
    Ms. Knox may be contacted at jessica.knox@stinson.com

    Hilti Partners with Canvas, a Construction Robotics Company

    April 03, 2023 —
    Hilti announced a strategic partnership with Canvas, a construction robotics company that has developed a robotic drywalling solution. The partnership allows Canvas to scale globally. Hilti launched its Jaibot, the world’s first semi-autonomous ceiling-drilling robot, in 2020. As part of the partnership, Hilti will assume the manufacturing responsibilities for future Canvas systems. They will be based on the Jaibot platform, giving Canvas a reliable and scalable global supply to meet the huge demand for its finishing robots. The partnering companies share a common vision: that robotic tools will unlock vastly untapped potential and drive a new era of productivity and safety for skilled trade workers. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi