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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


    Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding

    Eight Ways to Protect a Construction Company Before a Claim Is Filed

    Leveraging the 50-State Initiative, Connecticut and Maine Team Secure Full Dismissal of Coverage Claim for Catastrophic Property Loss

    Thinking About a Daubert Motion to Challenge an Expert Opinion?

    Illinois Appellate Court Finds Insurer Estopped From Denying Coverage Where Declaratory Judgment Suit Filed Too Late

    Hawaii Supreme Court Finds Excess Can Sue Primary for Equitable Subrogation

    New Rule Prohibits Use of Funds For Certain DoD Construction and Infrastructure Programs and Projects

    Weyerhaeuser Leaving Home Building Business

    New Mexico Adopts Right to Repair Act

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

    When is a “Notice of Completion” on a California Private Works Construction Project Valid? Why Does It Matter for My Collection Rights?

    Amazon Can be Liable in Louisiana

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

    Allegations Versus “True Facts”: Which Govern the Duty to Defend? Bonus! A Georgia Court Clears Up What the Meaning of “Is” Is

    United States Supreme Court Limits Class Arbitration

    It’s Time for a Net Zero Building Boom

    Planes, Trains and Prevailing Wages. Ok, No Planes, But Trains and Prevailing Wages Yes

    Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard

    Ninth Circuit Court Weighs In On Insurance Coverage For COVID-19 Business Interruption Losses

    Louisiana Couple Sues over Defects in Foreclosed Home

    Recent Developments Involving Cedell v. Farmers Insurance Company of Washington

    Expert Medical Science Causation Testimony Improperly Excluded under Daubert; ID of Sole Cause of Medical Condition Not Required

    Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature

    Robots on Construction Sites Are Raising Legal Questions

    “You’re Out of Here!” -- CERCLA (Superfund) Federal Preemption of State Environmental Claims in State Courts

    Owner Can’t Pursue Statutory Show Cause Complaint to Cancel Lien… Fair Outcome?

    Biden's Next 100 Days: Major Impacts Expected for the Construction Industry

    Top 10 Lessons Learned from a Construction Attorney

    Update Your California Release Provisions to Include Amended Section 1542 Language

    Excess Insurer On The Hook For Cleanup Costs At Seven Industrial Sites

    Contractors Admit Involvement in Kickbacks

    Lost Rental Income not a Construction Defect

    Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors

    Withdrawal Liability? Read your CBA

    Federal Energy Regulator Approves Rule to Speed Clean Energy Grid Links

    Seattle’s Audacious Aquarium Throws Builders Swerves, Curves, Twists and Turns

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

    Georgia Supreme Court Says Construction Defects Can Be an “Occurrence”

    Sustainability Is an Ever-Increasing Issue in Development

    Good Signs for Housing Market in 2013

    Tender the Defense of a Lawsuit to your Liability Carrier

    Federal Arbitration Act Preempts Pennsylvania Payment Act

    A Quick Checklist for Subcontractors

    California Supreme Court Rules Developers can be Required to Include Affordable Housing

    Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground Surface

    Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship

    Sold Signs Fill Builder Lots as U.S. Confidence Rises: Economy

    DOD Contractors Receive Reprieve on Implementation of Chinese Telecommunications Ban

    Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of Disappointed Contractual Expectations

    The Economic Loss Rule: From Where Does the Duty Arise?
    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. Drawing 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

    California Beach Hotel to Get $185 Million Luxury Rebuild

    September 17, 2014 —
    Rick Caruso, a Los Angeles shopping-mall developer, plans to spend about $185 million to rebuild a Southern California seaside hotel with a troubled past into a luxury getaway. The 170-room Miramar Beach Resort and Bungalows in Montecito, near Santa Barbara, will have such amenities as a beach club, spa, restaurants and two swimming pools, said Caruso, founder of closely held developer Caruso Affiliated. The site’s former hotel, known as Miramar by the Sea, has already been razed. Caruso bought the property in 2007 from H. Ty Warner, the billionaire creator of Beanie Babies plush toys and owner of the Four Seasons Hotel New York. The California hotel, on about 15 acres (6 hectares), had been out of service for more than a decade as past revival efforts were stalled by local opposition to development and the property market’s crash. Former owners include hotelier Ian Schrager. Read the court decision
    Read the full story...
    Reprinted courtesy of Nadja Brandt, Bloomberg
    Ms. Brandt may be contacted at nbrandt@bloomberg.net

    2014 WCC Panel: Working Smarter with Technology

    May 13, 2014 —
    Don MacGregor, Project Manager and General Contractor with Bert L. Howe & Associates, will be joining Brian Kahn, Esq. of Chapman, Glucksman, Dean, Roeb & Barger, Paul R. Kiesel, Esq. of Kiesel Law, Hon. Peter Lichtmen (ret), Hon. Nancy Wieben Stock (ret), and Peter S. Curry of Curry Stenger Engineering as a panelist in the break-out session Working Smarter With Technology at the 2014 West Coast Casualty Construction Defect Seminar being held May 15th and 16th at the Disneyland Hotel in Anaheim, California. With a strong focus on the topic of this year’s seminar, Back to Business . . . Working Smarter, Not Harder, the panel will discuss ways that technology can assist our industry in working more efficiently, saving money and providing a better product. Conversely, the panel will also acknowledge the limitations of technology and areas where the use of advanced technology may not be appropriate. The information provided will be of benefit to the construction defect litigator but equally valuable to other types of complex litigation. Accordingly, this panel will appeal to those whose scope of work goes beyond the bounds of construction defect. A brief outline of topics that will be addressed by each panelist include remote virtual appearance and deposition attendances, document management software, how to create, manage and edit documents using remote technology, technological tools that allow for easier communications, transfer of information and flexibility, expert technology, and technology in mediation and trial. The panel discussion will go beyond past seminar discussions in that they will discuss and demonstrate tools that are just coming into use now as well as new tools which are being released prior to the seminar. Read the court decision
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    Reprinted courtesy of

    Revised Federal Rule Regarding Class-Wide Settlements

    May 13, 2019 —
    The United States Supreme Court recently approved and adopted amendments to Federal Rule of Civil Procedure 23 concerning class action practice as proposed by the Advisory Committee on Civil Rules. The amended rule went into effect on December 1, 2018. The amendments do not affect the core of the rule – the criteria for obtaining class certification. Instead, the changes are more subtle adjustments that update and modernize procedures and processes for notification to class members and obtaining approval of class settlements. Nonetheless, although the amendments are not breathtaking, there are important changes. The first set of amendments apply to Rule 23(e), governing the process of settlement of a class action. First, the amendment makes explicit that the subsection applies not just to already certified classes, but also “a class proposed to be certified for purposes of settlement.” The changes also add some discretion of the court concerning when notice of a proposed settlement and settlement class should be provided. As part of the settlement approval process, the parties now are expressly required to give the court “information sufficient to enable it to determine whether to give notice of the proposal to the class.” The giving of notice is justified only if that information is sufficient to allow the court to determine it is likely to approve the proposed settlement and certify the class. Once notice is approved, the new rule recognizes modern developments by allowing that notice may be by “United States mail, electronic means, or other appropriate means.” The rule thus recognizes that in many cases traditional mail notice may still be best; in others e-mail notification might be the best way to reach class members. Reprinted courtesy of Edward M. Koch, White and Williams LLP and Michael Jervis, White and Williams LLP Mr. Koch may be contacted at koche@whiteandwilliams.com Mr. Jervis may be contacted at jervism@whiteandwilliams.com Read the court decision
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    Rams Owner Stan Kroenke Debuts His $5.5 Billion Dream Stadium

    September 14, 2020 —
    The first thing you notice that’s different about SoFi Stadium is that you can walk from the parking lot almost directly into the fifth level of the arena. There’s no passing through gate after gate or ascending endless circular walkways. Construction workers dug up over 7 million cubic yards of dirt to build an arena that sits 100 feet (30 meters) below grade. It’s one of the many features that make SoFi, the National Football League’s biggest stadium, surprisingly visitor-friendly. Not that fans will be able to experience it just yet. When the stadium debuts Sunday with the first game of the Los Angeles Rams’ season, it will be spectator-free -- the result of pandemic-spurred restrictions on gatherings. But it will still be a spectacle. Read the court decision
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    Reprinted courtesy of Christopher Palmeri, Bloomberg

    Ensuing Loss Provision Does Not Salvage Coverage

    December 09, 2011 —

    Water intrusion caused by a construction defect was not covered under the all risk policy’s ensuing loss provision. See Friedberg v. Chubb & Son, Inc., 2011 U.S. Dist. LEXIS 123582 (D. Minn. Oct. 25, 2011).

    Extensive water damage was discovered in the insureds’ home when a small hole in the exterior wall was being repaired. Chubb’s adjuster and an expert found water intrusion causing rot, mold, and damage to the home’s wood framing and insulation. Chubb denied coverage because water intruded through the roof and wall, resulting in gradual deterioration. The insureds filed suit.

    The policy excluded coverage for construction defects, but insured "ensuing covered loss unless another exclusion applies."

    The court agreed there was a prima facie case for coverage because the home suffered a physical loss.

    Read the full story…

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

    Read the court decision
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    Reprinted courtesy of

    Final Rule Regarding Project Labor Agreement Requirements for Large-Scale Federal Construction Projects

    January 29, 2024 —
    Beginning on January 22, 2024, in compliance with President Biden’s February 4, 2022 Executive Order, 14603, federal construction projects with a total estimated cost of $35 million are required to utilize a project labor agreement (“PLA”) unless the contracting agency grants an exception. The Federal Register estimates that this rule will impact approximately 119 IDIQ contracts each year; these contracts have an average award value of about $114 million. The White House claims the PLAs will improve projects by:
    • Eliminating project delays from labor unrest, such as strikes;
    • Creating dispute resolution procedures and cooperation for labor-management disputes, such as those over safety;
    • Including provisions “to support workers from underserved communities and small businesses”;
    • Helping to create a steady pipeline of workers for federal projects; and
    • Promoting competition on government contracts so that all builders, even those who are non-union, can bid on jobs that require a PLA.
    Read the court decision
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    Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C.
    Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com

    Pending Sales of U.S. Existing Homes Rise Most in Four Years

    July 01, 2014 —
    The number of contracts to purchase previously owned U.S. homes jumped in May by the most in more than four years, a sign the residential-real estate market is rebounding after a slow start to the year. The pending home sales index climbed 6.1 percent, the biggest advance since April 2010, after a revised 0.5 percent increase in April, the National Association of Realtors said today in Washington. The gain exceeded the most optimistic estimate in a Bloomberg survey of economists, whose median forecast called for a 1.5 percent gain. Housing demand is benefiting from cheaper borrowing costs, a stronger employment outlook and easier access to credit for some households. At the same time, higher prices and limited income gains are keeping the improvement in the residential real estate from becoming more broad-based. Read the court decision
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    Reprinted courtesy of Jeanna Smialek, Bloomberg
    Ms. Smialek may be contacted at jsmialek1@bloomberg.net

    Federal Government May Go to Different Green Building Standard

    February 12, 2013 —
    The federal government has expressed a commitment to environmentally sound, or “green” building practices, but now the question becomes who decides what constitutes a green building. The U.S. General Services Administration has started a public comment period on what certification program the GSA should recommend. Currently, the GSA uses the LEED standard from the U.S. Green Building Council. Although there are three green building standards, LEED, Green Globes, and the Living Building Challenge, only the first two are being seriously considered, according to a report on TriplePundit.com. The Green Globes program from the Green Building Initiative has its detractors, as some feel that the program fails to be sufficiently environmentally sound. Green Globes was created by a former lumber industry executive, Ward Hubbell, and is more permissive about woods and plastics used in construction. Hubbell defends the program, saying that the certification program is both rigorous and transparent. The U.S. Green Building Council also has its critics, and allegation have been made that LEED costs about twice as much as Green Globes in order to enrich the executives at the U.S. Green Building Council. Further, some claim that LEED certification involves lengthy delays. One architect criticized LEED, indicating that if he has questions he would “have to wait a month for a response.” The U.S. Department of Energy seems to be favoring Green Globes, as their review found it a better choice for meeting government requirements for new buildings. Conversely, the agency preferred LEED for modifying existing buildings. Read the court decision
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