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    Massachusetts Builders Right To Repair Current Law Summary:

    Current Law Summary: Case law precedent


    Building Expert Contractors Licensing
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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


    Homebuilding Down in North Dakota

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

    Orlando Commercial Construction Permits Double in Value

    Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:

    Force Majeure, Construction Delays, Labor Shortages and COVID-19

    Attorney Risks Disqualification If After Receiving Presumptively Privileged Communication Fails to Notify Privilege Holder and Uses Document Pending Privilege Determination by Court

    Harvey's Aftermath Will Rattle Construction Supply Chain, Economists Say

    Happenings in and around the West Coast Casualty Seminar

    Boston Water Main Break Floods Trench and Kills Two Workers

    California Supreme Court Upholds Precondemnation Procedures

    CDJ’s #8 Topic of the Year: California’s Board of Equalization Tower

    Update: Where Did That Punch List Term Come From Anyway?

    Home Prices in 20 U.S. Cities Rise Most Since February 2006

    Feds Move To Indict NY Contractor Execs, Developer, Ex-Cuomo Aide

    Modern Tools Are Key to Future-Proofing the Construction Industry

    Revisiting Statutory Offers to Compromise

    Business Risk Exclusions Bar Faulty Workmanship Claim

    Karen Campbell, Kristen Perkins to Speak at CLM 2020 Annual Conference in Dallas

    Senior Housing Surplus Seen as Boomers Spur Building Boom

    London's Walkie Talkie Tower Voted Britain's Worst New Building

    New California Standards Go into Effect July 1st

    Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts Does Not Have an Arbitration Provision)?

    The Louvre Abu Dhabi’s Mega-Structure Domed Roof Completed

    Alexus Williams Receives Missouri Lawyers Media 2021 Women’s Justice Pro Bono Award

    Construction Defects Claims Can Be Limited by Contract Says Washington Court

    Federal Court Reiterates Broad Duty to Defend in Additional Insured Cases

    Surplus Lines Carriers Cannot Compel Arbitration in Louisiana

    North Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of Benzene-Related Claims

    Will Superusers Future-Proof the AEC Industry?

    Partner Jonathan R. Harwood Obtained Summary Judgment in a Coverage Action Arising out of a Claim for Personal Injury

    Construction Insurance Costs for New York Schools is Going Up

    3 Common Cash Flow Issues That Plague The Construction Industry

    Sierra Pacific v. Bradbury Goes Unchallenged: Colorado’s Six-Year Statute of Repose Begins When a Subcontractor’s Scope of Work Ends

    Additional Insured Not Entitled to Coverage for Named Insured's Defective Work

    Better Building Rules Would Help U.K.'s Flooding Woes, CEP Says

    Liability Coverage for Claims of Publishing Secret Data Does Not Require Access by Others

    ASCE Statement on House Passage of Infrastructure Investment and Jobs Act

    In Supreme Court Showdown, California Appeals Courts Choose Sides Regarding Whether Right to Repair Act is Exclusive Remedy for Homeowners

    Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

    Does the Russia Ukraine War Lead to a Consideration in Your Construction Contracts?

    Consequential Damages From Subcontractor's Faulty Work Constitutes "Property Damage" and An "Occurrence"

    Lake Texoma, Texas Condo Case may go to Trial

    Real Estate & Construction News Round-Up (01/18/23) – Construction Inventory, 3D Printing, and Metaverse Replicas

    Florida’s New Civil Remedies Act – Bulletpoints As to How It Impacts Construction

    Real Estate Developer Convicted in $1.3 Billion Tax Case After Juror Removed

    California Ballot Initiative Seeks to Repeal Infrastructure Funding Bill

    BHA at The Basic Course in Texas Construction Law

    Out of Eastern Europe, a Window Into the Post-Pandemic Office

    Insurer Must Cover Portions of Arbitration Award

    Ohio Supreme Court Case to Decide Whether or Not to Expand Insurance Coverage Under GC’s CGL Insurance Policies
    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

    Wendel Rosen’s Construction Practice Group Receives First Tier Ranking by U.S. News and World Reports

    December 02, 2015 —
    Ok, it may not be an Oscar, or even an Emmy, but we’re humbled and honoured just the same. Wendel Rosen’s Construction Practice Group has received a first-tier ranking by the U.S. News and World Reports in its 2016 Best Law Firms rankings. This is the third year in a row that the firm’s Construction Practice Group has received this honor. Joining it on stage is the firm’s Real Estate, Bankruptcy, and Real Estate Litigation practices which also received first-tier rankings and the firm’s Land Use practice which received a second-tier ranking. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    The Future of Construction Work with Mark Ehrlich

    February 19, 2024 —
    In this episode of the AEC Business podcast, I had the pleasure of speaking with Mark Ehrlich, a veteran of the construction industry from the USA and the author of “The Way We Build: Restoring Dignity to Construction Work.” Our conversation delved into the evolving landscape of construction work and the challenges faced by construction workers today. Mark shared his extensive background, starting as a carpenter and rising through the ranks to become the head of a 25,000-member union organization. His experience spans decades, and he has authored three books and numerous articles on labor issues. The historical labor shifts We discussed the historical shift from a predominantly unionized construction workforce to the current bifurcated system in the US, where union strongholds in the north contrast sharply with the non-union, lower-wage environments in the south and other regions. Mark highlighted the issues of wage theft, declining safety standards, and the exploitation of undocumented workers. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Why Metro Atlanta Is the Poster Child for the US Housing Crisis

    January 04, 2023 —
    Last year, the Federal Reserve declared that not one of the 13 counties that make up metro Atlanta qualified as an affordable housing market. In many places, monthly housing costs consume more than 40% of homeowners’ incomes, well beyond the 30% threshold that the Federal Reserve uses to monitor market affordability. Accelerating housing prices have been the narrative for virtually every major US metro lately, but Atlanta is somewhat “paradigmatic” of the trend, according to Georgia State University urban studies professor Dan Immergluck. Since arriving in Atlanta in 2005, Immergluck has been tracking and documenting the direction of metro Atlanta’s housing conditions, focusing on segregation and gentrification patterns. His new book, Red Hot City: Housing, Race and Exclusion in 21st-Century Atlanta, released in October, is the culmination of much of that scholarship. What Red Hot City reveals is that while exorbitant house prices are typically the result of market forces, Atlanta can blame a lot of its own policy decisions over the last 20 years, particularly as it pertains to large civic projects like the BeltLine and Centennial Yards, a massive new development planned for south downtown Atlanta. Read the court decision
    Read the full story...
    Reprinted courtesy of Brentin Mock, Bloomberg

    Monumental Museum Makeover Comes In For Landing

    May 28, 2024 —
    After more than 40 years of chronicling the nation’s storied exploration of the sky and heavens, the Smithsonian Institution’s National Air and Space Museum in Washington, D.C., was, in a word, tired. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Resolving Subcontractor Disputes with Pass-Through Claims and Liquidation Agreements

    May 13, 2024 —
    Imagine a project where you are unable to reach final completion due to an unresolved subcontractor claim. If the project owner is responsible for the claim, and both the owner and subcontractor are entrenched in their positions, how would you resolve this dispute? The default option is a three-party lawsuit where the subcontractor sues you in your capacity as general contractor. By denying the claim, you bring the owner into the lawsuit as a liable party to the subcontractor’s claim. This option is efficient from the judicial system’s perspective, as it means one lawsuit instead of two. The subcontractor cannot sue the owner since the two have no contract between them. Thus, the subcontractor’s recourse is limited to suing the contractor. In the three-party lawsuit, you argue that if the subcontractor prevails in its claim against you, the owner is liable. If the owner successfully defends against the claim, the subcontractor takes nothing. Putting judicial economy aside, it may not make economic sense for contractors to have a lawyer involved in litigating a case where they have no skin in the game. Fortunately, there is a better option than the three-party lawsuit on multi-party construction projects. Read the court decision
    Read the full story...
    Reprinted courtesy of Stephanie Cooksey, Peckar & Abramson, P.C.
    Ms. Cooksey may be contacted at scooksey@pecklaw.com

    Recent Florida Legislative Changes Shorten Both Statute of Limitation ("SOL") and Statute of Repose ("SOR") for Construction Defect Claims

    March 19, 2024 —
    The Florida Legislature and Governor DeSantis passed Senate Bill 360, effective April 13, 2023, which imposes significant changes to Florida’s statute of limitation (“SOL”) and statute of repose (“SOR”) periods prescribed in Florida Statute § 95.11. In short, the SOL and SOR periods will commence earlier and run earlier, which in effect shortens the time to bring a construction defect claim on both ends of the timeline.1 These changes will have positive impacts for general contractors who may save on insurance premiums with shorter completed operations tails. In other words, the timeframe within which contractors are at risk of being sued for construction-related errors is significantly reduced under the new version of the statute. Owners and developers, on the other hand, may feel that the increased pressure of uncovered construction defects necessitates the filing of lawsuits sooner than they might have otherwise filed. Collectively, all parties involved will certainly have to consider when and how to place their carriers on notice of claims or potential claims and, coupled with Florida’s sweeping changes to fee shifting statutes, insured parties may see more coverage denials which, in turn, could lead to more coverage actions.2 Read the court decision
    Read the full story...
    Reprinted courtesy of Holly A. Rice, Saxe Doernberger & Vita, P.C.
    Ms. Rice may be contacted at HRice@sdvlaw.com

    Real Estate & Construction News Round-Up (11/30/22) – Proptech Trends, Green Construction, and Sustainable Buildings

    December 13, 2022 —
    This week’s round-up explores 4 key trends expected to impact proptech in 2023, global investment in green construction technologies, sustainable buildings and their perceived value for tenants in Europe, and more.
    • Sitting at the crossroads between real estate and technology, proptech has experienced significant growth, which is expected to accelerate via 4 key trends in 2023. (Zain Jaffer, Forbes)
    • Global investment in green construction technologies reached $2.2 billion in 2022, with legislation and technological innovation serving as the key driving forces behind this growth. (Jennifer Kite-Powell, Forbes)
    • In Europe, sustainable buildings have increased the asset values for commercial real estate managers, with tenants willing to pay more for efficient buildings. (David Worford, Environment + Energy Leader)
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Structural Engineer Found Liable for Defects that Rendered a Condominium Dangerously Unsafe

    June 22, 2016 —
    On May 3, 2016, the Washington State Court of Appeals affirmed a jury’s verdict in favor of a condominium HOA against a structural engineer for $1,149,332 in damages.[1] The project in question was The Pointe, an upscale condominium building in Westport, Washington. The developer was Dodson-Duus, LLC. The architect was Elkins Architects (“Elkins”). The structural engineer was Engineers Northwest, Inc. (“ENW”). ENW contracted with Elkins for the structural engineering work. Birds flying past 3 construction cranesBoth the design and construction of the building suffered from defects. In particular, the lateral force resistance system was insufficient to withstand a large seismic event. The defects included improperly nailed shear walls, weak connections between shear walls and floor joists, improperly-sized floor sheathing, a weak second-floor diaphragm, and omitted hold-downs connecting shear walls to a steel beam. The use of gypsum sheathing also created a risk of corrosion to the building’s steel structure. Evidence tied each of these defects to some aspect of ENW’s structural calculations and designs. Evidence also tied omission of the hold-downs to the contractor’s construction decisions. Read the court decision
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    Reprinted courtesy of Paul R. Cressman, Jr., Ahlers & Cressman PLLC
    Mr. Cressman may be contacted at pcressman@ac-lawyers.com