Cambridge Massachusetts Building Expert Directory

Terms of Your Teaming Agreement Matter

July 30, 2019 — Christopher G. Hill - Construction Law Musings
These days in construction, and other pursuits, teaming agreements have become a great method for large and small contractors to work together to take advantage of various contract and job requirements from minority participation to veteran ownership. With the proliferation of these agreements, parties must be careful in how they draft the terms of these agreements. Without proper drafting, the parties risk unenforceability of the teaming agreement in the evewnt of a dispute. One potential pitfall in drafting is an “agreement to agree” or an agreement to negotiate a separate contract in the future. This type of pitfall was illustrated in the case of InDyne Inc. v. Beacon Occupational Health & Safety Services Inc. out of the Eastern District of Virginia. In this case, InDyne and Beacon entered into a teaming agreement that provided that InDyne as Prime would seek to use Beacon, the Sub, in the event that InDyne was awarded a contract using Beacon’s numbers. The teaming agreement further provided:

The agreement shall remain in effect until the first of the following shall occur: … (g) inability of the Prime and the Sub, after negotiating in good faith, to reach agreement on the terms of a subcontract offered by the Prime, in accordance with this agreement.

InDyne was subsequently awarded a contract with the Air Force and shortly thereafter sent a subcontract to Beacon and requested Beacon’s “best and final” pricing. Beacon protested by letter stating that it was only required to act consistently with its original bid pricing. Beacon then returned the subcontract with the original bid pricing and accepting all but a termination for convenience provision. Shortly thereafter, InDyne informed Beacon that InDyne had awarded the subcontract to one of Beacon’s competitors. Beacon of course sued and argued that the teaming agreement required that InDyne award the subcontract to Beacon. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Pushing the Edge: Crews Carve Dam Out of Remote Turkish Mountains

July 04, 2023 — Pam McFarland - Engineering News-Record
Rugged Construction | Part Two of an ENR Series On a cold, gray day in late March, the mountains on the drive to the Yusufeli hydroelectric dam project site in northeastern Turkey seem ominous. With the highest of these rising more than 3,000 meters above sea level—some of them snow-capped—the jagged rock formations look stark and imposing, the type only a trained professional should attempt to cross. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story... Read the court decision
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Building in the Age of Technology: Improving Profitability and Jobsite Safety

June 10, 2019 — Maria Laguarda-Mallo - Construction Executive
New virtual design and construction (VDC) technologies are quickly shifting how the AEC industry is designing, documenting and building. From the use of new software, apps and laser scanners, to the deployment of drones and robots, many early adopters are benefitting from fully integrating these solutions into their workflows. Virtual and Augmented Reality In an industry where collaboration is becoming increasingly important, regardless of the firm size, VR is enabling stakeholders to “see” and “walk” through a building before ground is broken. In other words, teams can foresee issues, ask questions and provide feedback in the preconstruction phase. The inclusion of AR and VR in the daily workflows of AEC firms signifies expedited decision-making, reduced rework and real-time collaboration, which in turn translates to a reduction of unexpected costs. Reprinted courtesy of Maria Laguarda-Mallo, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Ms. Laguarda-Mayllo may be contacted at maria.laguarda-mallo@viatechnik.com

Construction Defect Leads to Death, Jury Awards $39 Million

November 27, 2013 — CDJ STAFF
A failure in the installation of a 13-ton concrete panel in Milwaukee County lead to the death of a 15-year-old boy in 201; two others were also injured. A lawsuit over this has concluded with the contractor, Advance Cast Stone, found culpable due to their concealing that the panel was not installed as prescribed. The incident happened at a parking garage operated by the county. Advanced Cast Stone made the claim that the method they used to secure the panel had been approved by other in the project. The jury awarded $6.3 million to the estate of Jared Kellner, $1.5 million each to the young man who was injured, Eric Wosniki, and his parents. The county was also awarded $6 million for lost revenue in the parking garage and for repairs. Read the court decision
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NTSB Faults Maintenance, Inspection Oversight for Fern Hollow Bridge Collapse

March 19, 2024 — Jim Parsons - Engineering News-Record
The City of Pittsburgh’s failure to act for more than a decade on repeated maintenance and repair recommendations regarding the Fern Hollow Bridge was the probable cause for the structure’s dramatic 2022 collapse, the National Transportation Safety Board (NTSB) said at its Feb. 21, 2024, meeting. The city is the owner of the bridge. 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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Courts Will Not Second-Guess Public Entities When it Comes to Design Immunity

May 13, 2024 — Garret Murai - California Construction Law Blog
It was a bizarre confluence of events. Jorgen Stufkosky was driving on SR-154 in Santa Ynez, California. Martha Aguayo was driving on the same highway ahead of Stufkosky when she struck a deer causing it to fly across the centerline into traffic from the opposite direction. The deer struck a SUV causing its driver to lose control. The driver of the SUV crossed the same centerline where he collided head on with Stufkosky, killing him. Stufkosky’s children later sued the California Department of Transportation in the case Stufkosky v. California Department of Transportation, 97 Cal.App.5th 492 (2023), alleging that their father’s death was due to Caltrans’ negligent design of SR-153, inadequate number of deer crossing signs, and its high posted speed limit. While in the trial court, Caltrans filed a motion for summary judgment on the ground that Caltrans was immune from liability under Government Code section 830.6, the so called “design immunity” statute. The trial court agreed and the Stufloskys appealed. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

How Does Weather Impact a Foundation?

December 27, 2021 — Brent Pearson - Construction Executive
When it comes to commercial properties, it pays to be prepared. However, there are few things as unpredictable as the weather. With there being several weeks left in hurricane season, the weather can have quite an impact on the foundations of different properties. Whether it’s a new home or a century-old commercial property, preserving the integrity and safety of the structure is paramount. For those in construction looking to learn more about how the weather can sway a foundation, below are several examples along with tips on prevention. Rain, Rain Go Away! Hurricanes are known for bringing strong winds and plenty of rain. This can spell disaster for buildings with weak foundations. Torrential downpours can cause wet and weak soil. Too much rain—whether generated by hurricanes or frequent storms—can negatively impact the foundations of commercial properties and homes as well. It can also cause the soil to weaken, which can lead to a foundation sinking into the ground. For those that may have crawl spaces underneath their properties, heavy rains may cause water to seep under and into it. Water will sit in the crawl space, and it could take days or even weeks to dry out, causing moisture and possible mold damage. Reprinted courtesy of Brent Pearson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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The Most Expensive Apartment Listings in New York That Are Not in Manhattan

August 26, 2015 — James Tarmy & Oshrat Carmiel – Bloomberg
Apartments for very wealthy New Yorkers have remained mostly within the city’s smallest borough. Until now. The record price for a Brooklyn home broke the $15 million threshold this summer, and by now it’s widely accepted that New York’s outer boroughs are not much of a bargain, growing further out of reach for the aspiring homeowner. The rush of new construction in gentrifying neighborhoods has pushed up the price of land, and that’s caused construction costs to rise, too. Eventually, to make a profit, developers have to build luxury buildings, according to Jonathan Miller, the president of New York appraiser Miller Samuel. “We have this perfect storm,” he says. “Everybody gets the same idea at the same time, so materials and labor are at a premium. Throw in the high price of land at each locale, and you’ve got to build a luxury product.” Reprinted courtesy of James Tarmy, Bloomberg and Oshrat Carmiel, Bloomberg Read the court decision
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