CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Revisiting Termination For Convenience Clauses In Uncertain And Ever-Changing Economic Times

February 27, 2023 — Adam M. Tuckman & Brittney M. Wiesner - ConsensusDocs
In these times of persistent inflationary forces and efforts to tame the consequences through rising interest rates, economic uncertainty abounds in the United States and around the world. As an approximately $1 trillion contributor to the economy in the United States (4.2% of GDP in 2021) alone according to the Associated General Contractors of America, the health and the growth of the construction industry is certainly susceptible to these rapidly changing macroeconomic conditions. Presently, an unanswered question is how project developers will react to unpredictable fluctuations in project costs and interest rates. Although it seems unlikely to be a prevalent response, it is possible that substantial increases in borrowing, labor, or material costs would cause owners to pull the plug on projects that are in the advanced stages of construction. For projects in the nascent stages of development or construction, however, the calculous for owners becomes more tenuous. Both public and private owners may find it more prudent to indefinitely suspend or cancel pending or ongoing projects due to any, or a combination of, forecasted increases in project costs, shrinking funding, higher borrowing costs, or macro-economic uncertainty. Facing this quandary, how would an owner already under contract with a constructor and design team suspend or cancel its project? One potential approach is to invoke a termination for convenience clause found in the parties’ contract. Reprinted courtesy of Adam M. Tuckman, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs) and Brittney M. Wiesner, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs) Mr. Tuckman may be contacted at atuckman@watttieder.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Time to Repair Nevada’s Construction Defect Laws?

February 10, 2012 — CDJ STAFF

The Builders Magazine writes that during the previous session of the Nevada legislature, reforms sought by the building industry were stopped by the Speaker of the Nevada Assembly. The new session brings a new speaker and new hope for construction defect reform in Nevada.



Pat Hickey, a member of the Assembly and a small business owner told The Builders Magazine that “we need to apply pressure on the legislators to fix the law.” He also recommended that people “go to Governor Sandoval and ask for his help.” Builders seeks legislation that will include right to repair and it should “define construction defect in such a way that it allows for a fair process.”

Read the full story…

Read the court decision
Read the full story...
Reprinted courtesy of

---

OSHA Extends Temporary Fall Protection Rules

March 01, 2012 — CDJ STAFF

OSHA announced that its current rules on fall protection for residential construction will remain in place until September 15, 2012. The current measures became effective in June 2011. Under the new rules, falls must be prevented by fall protection measures unless the measures can be shown to be unfeasible or even hazardous.



Under the extension of the temporary enforcement measures, contractors who ask for compliance assistance with OSHA are given top priority and penalties can be reduced. OSHA has conducted more than 1,000 outreach sessions on the new rules.

Read the full story…

Read the court decision
Read the full story...
Reprinted courtesy of

---

Law Firm Settles Two Construction Defect Suits for a Combined $4.7 Million

October 25, 2013 — CDJ STAFF
Construction Lawyers, LLP has announced that it has settled two Florida construction defect suits, both of which were filed by condominium associations. The first of these involved the Estates at Park Central Condominium Association, a 244-unit condominium complex in Orlando Florida. The condominium association alleged leaks into balconies and garages, and deficiencies in stucco application. After nearly three years since the filing of the lawsuit, and only weeks before the trial was to begin, the case was settled for $2 million. The second case has also spent the last three years in mediation, however its trial date was further away. The Grand Venezia Condominium Owners Association alleged construction defects including leaking roofs and windows, and improperly installed stucco, leading to dry rot and water damage. The condominium community comprises 336 units in Clearwater, Florida and the units were originally built as apartments. Here, the settlement with the contractor was for $2.75 million. A lawsuit against the developer continues. Read the court decision
Read the full story...
Reprinted courtesy of

---

Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

September 19, 2022 — Lewis Brisbois
(August 18, 2022) - Best Lawyers has selected 149 Lewis Brisbois attorneys across 46 offices for inclusion in its list of 2023 Best Lawyers in America. It has also recognized four Lewis Brisbois partners on its "Lawyers of the Year" list: Chairman & Founding Partner Robert F. Lewis (Insurance Law); Portland Managing Partner Eric J. Neiman (Litigation - Health Care); Akron Managing Partner David Kern (Tax Law); and Roanoke Partner Paul C. Kuhnel (Medical Malpractice Law - Defendants). Please join us in congratulating these four partners and the following attorneys on their Best Lawyers recognition.

• Nashville Partner Tara Aaron-Stelluto: Copyright Law
• Pittsburgh Partner Andrew F. Adomitis: Mass Tort Litigation / Class Actions - Defendants
• Fort Lauderdale Partner Vincent F. Alexander: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
• Miami Partner Seth Alhadeff: Litigation - Insurance
• Seattle Partner Randy J. Aliment: Commercial Litigation
• Phoenix Partner Dina Anagnopoulos: Medical Malpractice Law - Defendants
• Madison County Partner Charles S. Anderson: Mass Tort Litigation / Class Actions – Defendants
• Reno Managing Partner Jack G. Angaran: Insurance Law, Litigation – Construction, Litigation - Real Estate

Read the court decision
Read the full story...
Reprinted courtesy of Lewis Brisbois

---

Between Scylla and Charybids: The Mediation Privilege and Legal Malpractice Claims

August 19, 2015 — Garret Murai – California Construction Law Blog
I attended a mediation earlier this month in a real estate case. I won’t say more through because . . . well . . . it’s confidential. The confidentiality of mediations and of settlement discussions generally – the idea being that parties are more likely to resolve their differences if they can speak honestly and frankly with one another without fear that their words or actions can later be used against them in trial – has long been a hallmark of California law. But that may not be the case for long. In 2012, the California State Legislature directed the California Law Review Commission (“Commission”), the state agency responsible for recommending reforms to California law, to review and make recommendations regarding the relationship between California’s laws which make mediation discussions confidential and attorney malpractice. And it appears that the Commission will be reaching a recommendation soon. 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

---

French President Vows to Rebuild Fire-Collapsed Notre Dame Roof and Iconic Spire

June 03, 2019 — Scott Blair & Peter Reina - Engineering News-Record
Two British masonry experts familiar with centuries-old stone structures voiced concern that the catastrophic fire that collapsed the roof and spire of Notre Dame on April 15 could also have damaged stonework of the iconic Paris cathedral that may affect its stability. Reprinted courtesy of Scott Blair, ENR and Peter Reina, ENR Mr. Blair may be contacted at blairs@enr.com Mr. Reina may be contacted at reina@btinternet.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Wine without Cheese? (Why a construction contract needs an order of precedence clause)(Law Note)

August 11, 2011 — Melissa Brumback, Construction Law in North Carolina

For today’s law note, I’m addressing a comment that came to me last week from Dave O’Hern of Miller O’Hern Construction.  Dave writes:



I am a general contractor doing a fuel tank replacement project for our county. In the specifications there is a spec for a UL 142 tank, on the plans the spec references UL 2085 ? a much more expensive tank. My subcontractor bid the UL 142 tank. The specifications state that the specs and plans are on the same level of precedence.



The county wants me to furnish the more expensive tank without compensation citing the clause that states the plans and specs are complementary and what is called for by one is binding as if called by all and the most stringent requirement will apply.

Read the full story…



Reprinted courtesy of Melissa Brumback of Ragsdale Liggett PLLC. Ms. Brumback can be contacted at mbrumback@rl-law.com.

 Read the court decision
Read the full story...
Reprinted courtesy of

---