Cambridge Massachusetts Building Expert Directory

Caterpillar Forecast Tops Estimates as Construction Recovers

January 28, 2014 — Shruti Date Singh – Bloomberg
Caterpillar Inc. (CAT), the largest maker of mining and construction equipment, forecast earnings and revenue for 2014 that topped analysts’ estimates as the recovery in the U.S. building industry spurs sales of bulldozers and excavators. Sales will be about $56 billion plus or minus 5 percent, the company said in a statement today. The average of 13 estimates compiled by Bloomberg was $55.5 billion. Profit will be $5.85 a share excluding $400 million to $500 million in restructuring costs. That’s more than the $5.77 average estimate. Peoria, Illinois-based Caterpillar also said it approved a $10 billion share buyback plan through 2018 and will repurchase about $1.7 billion in stock in the first quarter that will complete its previous authorization. Read the court decision
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Reprinted courtesy of Shruti Date Singh, Bloomberg
Ms. Singh may be contacted at ssingh28@bloomberg.net

New York Signs Biggest Offshore Wind Project Deal in the Nation

August 06, 2019 — Will Wade, Chris Martin, & Millicent Dent - Bloomberg
New York has signed the biggest-ever deals for offshore wind power in U.S. history, a key part of the state’s plan to get all of its power from emissions-free sources by 2040. On Thursday, Governor Andrew Cuomo awarded contracts for two projects off Long Island that will total 1,700 megawatts in capacity. Equinor ASA and a joint venture between Denmark’s Orsted A/S and Massachusetts-based Eversource Energy were chosen to build the farms, which will supply enough power to light up a million homes. Cuomo is counting on the wind projects to achieve the most aggressive clean energy goal in the U.S., and signed the state’s 100% renewable energy target into law right after announcing the wind contracts. New York’s ultimate plan is to get enough turbines erected off its shores to generate 9,000 megawatts by 2035. Read the court decision
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Reprinted courtesy of Will Wade, Chris Martin, & Millicent Dent, Bloomberg

Top Five Legal Mistakes in Construction

April 04, 2022 — Jonathan A. Cass, Nicholas F. Morello & John A. Greenhall - Construction Executive
Many contractors repeatedly make the same mistakes in negotiating contracts. Here are the most common mistakes contractors make—and how they can be avoided. 1. Not Being Careful With Force Majeure Clauses To protect themselves from liability in the event of unforeseen circumstances like fires, floods, wars, unusual delays in deliveries, strikes, pandemics or acts of God, contractors should ensure their contracts contain robust force majeure provisions. These provisions state that in the event of any extenuating circumstances outside of its control, the contractor is not liable for any damages that result from a delay to the project completion date and is entitled to a time extension. This clause has been critical in addressing COVID-19-related disruptions and the current material shortages. Contractors should be wary, however, of “no damage-for-delay” language, which often appears in conjunction with these clauses. Reprinted courtesy of Jonathan A. Cass, Nicholas F. Morello and John A. Greenhall, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Cass may be contacted at jcass@cohenseglias.com Mr. Greenhall may be contacted at jgreenhall@cohenseglias.com Mr. Morello may be contacted at nmorello@cohenseglias.com Read the court decision
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Congratulations to Partner Madeline Arcellana on Her Selection as a Top Rank Attorney in Nevada!

July 02, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Las Vegas Partner Madeline Arcellana was once again selected by Nevada Business Magazine as a Top Rank Attorney in Nevada for her work in Civil Litigation, General Liability, and Personal Injury! Nevada Business Magazine‘s Top Rank Attorneys list is comprised of attorneys in both private and public practice who are voted for by nearly 3,000 Nevada-licensed attorneys. The attorneys on this list are at the top of their field and each nomination is put through an extensive verification process. To view Nevada’s 2024 Top Rank Attorneys, please click here. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

White and Williams Defeats Policyholder’s Attempt to Invalidate Asbestos Exclusions

January 28, 2014 — White and Williams LLP
White and Williams attorneys scored a significant victory for the insurance industry on January 15, 2014, when a federal jury of four men and four women rejected a policyholder’s novel efforts to invalidate asbestos exclusions contained in insurance policies issued between February 1, 1979 and August 1, 1985. In General Refractories Co. v. First State Ins. Co., Civil Action No. 04-CV-3509 (E.D. Pa.), General Refractories Company contended that asbestos exclusions in insurance policies issued by various insurance companies in the late 1970s and 1980s had not been submitted to the Pennsylvania Department of Insurance for approval prior to use and, therefore, were unenforceable. Holding a failure to obtain approval, by itself, would not be sufficient to render the exclusions unenforceable, the Honorable Edmund Ludwig sent the matter to trial to determine whether the Pennsylvania Insurance Commissioner implemented a policy that was uniformly executed by the Insurance Department to disapprove all asbestos exclusions between February 1, 1979 and August 1, 1985, such that the exclusions violated a “dominant public policy.”

Reprinted courtesy of Gregory LoCasale, White and Williams LLP

and Patricia Santelle , White and Williams LLP

Ms. Santelle may be contacted at santellep@whiteandwilliams.com and Mr. LoCasale may be contacted at locasaleg@whiteandwilliams.com. Read the court decision
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Seattle Council May Take a New Look at Micro-Housing

April 15, 2015 — Beverley BevenFlorez-CDJ STAFF
According to the Puget Sound Business Journal, “there’s remorse at [Seattle, Washington’s] City Hall over last year’s controversial decision to make it more onerous and costly to build ultra-affordable micro-housing.” City Council President Tim Burgess stated that the council “may ‘very well’ take up the micro-housing issue again as it works with Mayor Ed Murray on a long-term program to develop more housing.” This comes after Murray “announced a goal of building and preserving 50,000 housing units over the next 10 years.” Read the court decision
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Congratulations 2022 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

August 03, 2022 — White and Williams LLP

Twelve White and Williams lawyers have been named by Super Lawyers as a Delaware, Massachusetts, New Jersey, New York or Pennsylvania "Super Lawyer" while eleven received "Rising Star" designations. Lawyers are selected through a process that takes into consideration peer recognition and professional achievement. The lawyers named to this year’s list represent a multitude of practices throughout the firm.

Super Lawyers 2022

Attorney	Practice Area
John Balaguer	PI Defense: Med Mal
David Chaffin	Business Litigation
Eric Hermanson	Insurance Coverage
Michael Kassak	General Litigation
Bridget La Rosa	Estate Planning and Probate
Randy Maniloff	Insurance Coverage
David Marion	Business Litigation
Wesley Payne	Insurance Coverage
Patricia Santelle	Insurance Coverage
Jay Shapiro	Criminal Defense: White Collar
Heidi Sorvino	Bankruptcy: Business
Andrew Susko	Civil Litigation: Defense

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Reprinted courtesy of White and Williams LLP

SDNY Vacates Arbitration Award for Party-Arbitrator’s Nondisclosures

April 13, 2017 — Justin K. Fortescue & Ciaran B. Way - White and Williams LLP
The US District Court for the Southern District of New York recently vacated an arbitration award finding that a party-appointed arbitrator’s undisclosed relationship with the party appointing him was significant enough to demonstrate evident partiality. Certain Underwriting Members at Lloyd’s of London, et. al. v. Ins. Companies of America, Inc., Nos. 16-cv-232 and 16-cv-374 (S.D.N.Y. March 31, 2017). In the arbitration, the panel was asked to determine whether the reinsurance contracts, covering workers’ compensation policies, only applied when multiple claimants were injured as the result of the same loss occurrence. After a three-day hearing, the arbitration panel issued an award in favor of the ceding company, Insurance Companies of America (ICA). After the award was issued, Lloyd’s discovered that ICA’s arbitrator had significant undisclosed relationships with principals at ICA and moved to vacate the award in federal court. Reprinted courtesy of Justin K. Fortescue, White and Williams LLP and Ciaran B. Way, White and Williams LLP Mr. Fortescue may be contacted at fortescuej@whiteandwilliams.com Ms. Way may be contacted at wayc@whiteandwilliams.com Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES