Cambridge Massachusetts Building Expert Directory

What is Toxic Mold Litigation?

May 30, 2018 — Vik Nagpal – Bremer Whyte Blog
To understand what Toxic Mold Litigation is, it is important to first identify and understand what toxic mold is. Mold is a fungus which is essentially everywhere, and certain types of mold, known as toxic mold, may cause severe personal injuries and/or property damage. Toxic mold refers to those molds capable of producing mycotoxins which are organic compounds capable of initiating a toxic response in vertebrates. Toxic mold generally occurs because of water intrusion, from sources such as plumbing problems, floods, or roof leaks. It is this ageless life form that has spawned a new species of toxic tort claims and has had legal and medical experts debating the complex health implications that follow. Here is some information as to what toxic mold litigation is and when you should hire a lawyer for toxic mold. Read the court decision
Read the full story...
Reprinted courtesy of Vik Nagpal, Bremer Whyte Brown & O'Meara LLP
Mr. Nagpal may be contacted at vnagpal@bremerwhyte.com

Hanover, Germany Apple Store Delayed by Construction Defects

July 23, 2014 — Beverley BevenFlorez-CDJ STAFF
A new Apple store in Hanover, Germany is scheduled to finally open in September after construction problems created delays, according to AppAdvice. Rumor has it that the store may open on September 19th, the same day of the iPhone 6 is expected to go on sale globally. Construction issues included “physical defects, mold, and ventilation issues,” according to AppAdvice. “Black barricades appeared around the Hanover store location in April 2013.” Read the court decision
Read the full story...
Reprinted courtesy of

NY Supreme Court Rules City Not Liable for Defective Sidewalk

February 12, 2014 — Beverley BevenFlorez-CDJ STAFF
Eileen N. Fanning sued the city of Watertown, New York after incurring injuries from a fall on a sidewalk on Court Street, according to the Watertown Daily Times. A state Supreme Court judge dismissed the lawsuit. According to Fanning as reported by the Watertown Daily Times, the plaintiff “fell on an uneven section of sidewalk” and “suffered multiple broken bones in her hand, as well as neurological damage to her arm, among other injuries.” She claimed that the damage is permanent. The lawsuit involved Purcell Construction (the landscape pavers), Neighbors of Watertown (a renovation project), and the city of Watertown. The judge ruled that “Neighbors of Watertown was not liable for her injuries because the agency neither owned nor controlled the property where the injuries occurred and therefore ‘did not owe a duty of care’ to users of the walk as it was not responsible for the sidewalk’s maintenance.” The city was not held liable “because it had received no prior written notice about the alleged defective condition of the property.” Furthermore, the judge “agreed with Purcell Construction’s claim that the area claimed to be defective is ‘one little section’ of sidewalk ‘over which the public walked’ for nearly 20 years.” Read the court decision
Read the full story...
Reprinted courtesy of

Increasing Use of Construction Job Cameras

January 27, 2014 — Beverley BevenFlorez-CDJ STAFF
Job site cameras are increasingly used on construction sites, for various reasons, reports Tom Sawyer of Engineering News-Record. Mark Penny, senior vice president of the Dallas Region Manhattan Construction Inc., told Sawyer that he uses the camera primarily for marketing purposes: “We have a lot of high-profile jobs that people want to see. They are a great opportunity for us and the client to showcase the construction, which makes the job of selling what we do a lot easier.” Warren Andres, senior vice president at Andres Construction uses cameras for safety monitoring. Andres told Sawyer that “he has three monitors on his desk. One shows live feeds from all his cameras. If he sees unsafe work, he sends a photo to the superintendent and demands action. Similarly, he says he can spot slow work crews and do enough quality control to send the message that management is watching.” Vendors commented to Sawyer that “the growing use [of cameras] include the rise of building information modeling and its increased need for accountability; as well as companies chasing work beyond usual areas of operations and needing to extend supervision while holding down travel of staffs trimmed by the recession.” Read the court decision
Read the full story...
Reprinted courtesy of

The Drought Is Sinking California

August 19, 2015 — Jennifer Oldham – Bloomberg
Land in California’s central valley agricultural region sank more than a foot in just eights months in some places as residents and farmers pump more and more groundwater amid a record drought. The ground near Corcoran, 173 miles (278 kilometers) north of Los Angeles, dropped about 1.6 inches every 30 days. One area in the Sacramento Valley was descending about half-an-inch per month, faster than previous measurements, according to a report released Wednesday by the Department of Water Resources. NASA completed the study by comparing satellite images of Earth’s surface over time. “Groundwater levels are reaching record lows -- up to 100 feet lower than previous records,” Mark Cowin, the department’s director, said in a statement. “As extensive groundwater pumping continues, the land is sinking more rapidly and this puts nearby infrastructure at greater risk of costly damage.” Read the court decision
Read the full story...
Reprinted courtesy of Jennifer Oldham, Bloomberg

Sales of New U.S. Homes Slump to Lowest Level Since November

October 28, 2015 — Victoria Stilwell – Bloomberg
Purchases of new U.S. homes slumped in September to a 10-month low, disrupting a trend of steady improvement this year in the industry. Sales dropped 11.5 percent to a 468,000 annualized pace and the prior two months were revised lower, Commerce Department figures showed Monday. The September rate, which included a record percentage decline in the Northeast, was weaker than all economists’ forecasts in a Bloomberg survey. Limited inventory of affordable homes and viable lots on which to build them may be holding back progress in housing, which has helped buffer the U.S. from slower growth abroad. Builders may need confirmation that fundamentals supporting the housing recovery -- job growth and cheap borrowing costs -- remain in place before investing in additional land and labor. Read the court decision
Read the full story...
Reprinted courtesy of Victoria Stilwell, Bloomberg

Oregon Condo Owners Make Construction Defect Claim

January 13, 2014 — CDJ STAFF
Residents of two condominiums in Florence, Oregon have filed suits alleging that construction defects have led to water intrusion and damage. The two condominium projects were built by separate developers. Each association has brought its own lawsuit, according to an article in the Register-Guard. The Bridgeport Landing condominium owners have sued CJ Cable LLC for $2.5 million. Cindy Cable said of lawsuit, “I’ve done everything I could do to get this resolved, and I still get sued.” She said that “the only way to get it corrected is with a lawsuit.” Meanwhile, residents of the Stillwater Condominiums have sued Thomas Hornback Construction for $2.1 million. Hornback is reported to have denied the allegations made by the Stillwater owners, but says that any problems would be due to subcontractors or failure of the owners to maintain the buildings. Read the court decision
Read the full story...
Reprinted courtesy of

A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

February 15, 2018 — Stella Szantova Giordano – SDV Blog

On December 19, 2017, the Connecticut Supreme Court released its decision in Nationwide Mutual Ins. Co. v. Pasiak. The decision is significant for two reasons: 1) it clarifies the amount of proof an insurer needs to determine whether an exclusion to coverage applies; and 2) it found that where an insurance policy expressly provides coverage for an intentional act such as false imprisonment, common-law punitive damages are also covered.

Underlying action

The underlying action proves that real life is often stranger than fiction. Ms. S worked as an office help for a construction company owned by Mr. P, which operated out of his home. Ms. S was working alone in the home office, when an armed, masked intruder entered the office, tied her hands, gagged and blindfolded her and, pointing a gun to her head, threatened to kill her family if she did not give him the combination to a safe in the home. As this was happening, Mr. P entered the office, unmasked the intruder, and discovered it was his lifelong friend. After Ms. S was untied, she asked to leave, but Mr. P told her to stay. She was not allowed to leave for several hours as Mr. P made her accompany him to an errand. Ms. S sued Mr. P for false imprisonment, among other things. The trial court awarded her compensatory and punitive damages. Insurance coverage for the underlying judgment is at the heart of the Pasiak case.

Read the court decision
Read the full story...
Reprinted courtesy of Stella Szantova Giordano, Saxe Doernberger & Vita, P.C.
Ms. Szantova Giordano may be contacted at ssg@sdvlaw.com

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES