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    Cambridge, Massachusetts

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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


    BUILD Act Inching Closer To Reality

    Should CGL Insurer have Duty to Defend Insured During Chapter 558 Notice of Construction Defects Process???

    Research Institute: A Shared Information Platform Reduces Construction Costs Considerably

    10 Haight Lawyers Recognized in Best Lawyers in America© 2023 and The Best Lawyers: Ones to Watch 2023

    Shimmick Gets Nod for Second Pilot Pile at Settling Millennium Tower

    Demonstrating A Fraudulent Inducement Claim Or Defense

    Real Estate & Construction News Roundup (09/12/23) – Airbnb’s Future in New York City, MGM Resorts Suffer Cybersecurity Incident, and Insurance Costs Hitting Commercial Real Estate

    Hawaii Supreme Court Construes Designated Premises Endorsement In Insured's Favor

    Housing Woes Worse in L.A. Than New York, San Francisco

    It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract

    The Uncertain Future of the IECC

    Third Circuit Limits Pennsylvania’s Kvaerner Decision; Unexpected and Unintended Injury May Constitute an “Occurrence” Under Pennsylvania Law

    New Homes in Palo Alto to Be Electric-Car Ready

    No Duty to Defend Construction Defect Claims under Kentucky Law

    City Covered From Lawsuits Filed After Hurricane-Damaged Dwellings Demolished

    Colorado Requires Builders to Accommodate High-Efficiency Devices in New Homes

    Appeals Court Affirms Civil Engineer Owes No Duty of Care to General Contractor

    Keep It Simple: Summarize (Voluminous Evidence, That Is...)

    Palo Alto Proposes Time Limits on Building Permits

    Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors

    California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies

    Disaster-Relief Bill Stalls in Senate

    Insurer Must Cover Construction Defects Claims under Actual Injury Rule

    Communications between Counsel and PR Firm Hired by Counsel Held Discoverable

    Housing-Related Spending Makes Up Significant Portion of GDP

    Who Will Pay for San Francisco's $750 Million Tilting Tower?

    Allegations Versus “True Facts”: Which Govern the Duty to Defend? Bonus! A Georgia Court Clears Up What the Meaning of “Is” Is

    Disgruntled Online Reviews of Attorney by Disgruntled Former Client Ordered Removed from Yelp.com

    Additional Insured Status Survives Summary Judgment Stage

    San Francisco House that Collapsed Not Built to Plan

    Tender the Defense of a Lawsuit to your Liability Carrier

    Wes Payne Receives Defense Attorney of the Year Award

    Safe Commercial Asbestos-Removal Practices

    Partner John Toohey and Senior Associate Sammy Daboussi Obtain a Complete Defense Verdict for Their Contractor Client!

    Marlena Ellis Makes The Lawyers of Color Hot List of 2022

    Justin Bieber’s Unpaid Construction Bill Stalls House Sale

    Judge Gives Cintra Bid Protest of $9B Md. P3 Project Award New Life

    UPDATE: Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule” Requiring Law Firms and Other Consultants to Disclose Work Performed for Employers on Union Organization Efforts

    Tesla Powerwalls for Home Energy Storage Hit U.S. Market

    Sinking Buildings on the Rise?

    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    AAA Revises its Construction Industry Arbitration Rules and Mediation Procedures

    Revisiting the CMO; Are We Overusing the Mediation Privilege?

    When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage

    Health Officials Concerned About Lead-Tainted Dust Created by Detroit Home Demolitions

    New York Court Discusses Evidentiary Standards for Policy Rescission Based on Material Misrepresentation

    Testimony from Insureds' Expert Limited By Motion In Limine

    Insurance Law Alert: Incorporation of Defective Work Does Not Result in Covered Property Damage in California Construction Claims

    US Supreme Court Backs Panama Canal Owner in Dispute with Builders

    The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Cambridge, Massachusetts Building Expert Group provides a wide range of trial support and consulting services to Cambridge's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Cambridge, Massachusetts

    Insurer’s Duty to Indemnify Not Ripe Until Underlying Lawsuit Against Insured Resolved

    February 03, 2020 —
    A liability insurer has two duties: 1) the duty to defend its insured; and 2) the duty to indemnify its insured. With respect to the second duty – the duty to indemnify – this duty is typically “not ripe for adjudication unless and until the insured or putative insured has been held liable in the underlying action.” Hartford Fire Ins Co. v. Beazer Homes, LLC, 2019 WL 5596237, *2 (M.D.Fla. 2019) (internal quotation omitted). For instance, Beazer Homes involved an insurance coverage dispute stemming from construction defects. An owner sued its general contractor for construction defects relating to stucco problems. The general contractor paid for the repairs. The general contractor then sued its stucco subcontractor to recover the costs it incurred. The subcontractor tendered the defense of the lawsuit to its commercial general liability insurer which is defending its insured-subcontractor under the commonly issued reservation of rights. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Take Advantage of AI and Data Intelligence in Construction

    May 06, 2019 —
    For consumers, AI and data intelligence are daily activities. Purchase recommendations from Amazon simplify holiday shopping. Music options from Spotify helps employees focus during the workday and relax at night. Car-sharing apps remove the stress from post-happy hour transport. It is time for this kind of data-driven ease to hit the construction industry. Building is booming, yet despite the good times, the industry still lags in terms of data intelligence and AI. With them, construction providers can transform document and jobsite information into intelligent insights, reduce errors, keep projects on schedule and predict and prevent costly inefficiencies. Artificial intelligence is the “connective tissue” that construction is missing--if it is used wisely. Why Construction is Ready for AI With its endless stream of owners, architects, engineers, contractors, subcontractors and suppliers, the construction industry manages more critical information on a day-to-day basis than nearly any other business. As a result, there are dozens of potential miscommunications just waiting to happen every day. Reprinted courtesy of Nick Carter, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Constructive Changes – A Primer

    October 02, 2018 —
    A “constructive change” occurs when an owner action or omission not formally acknowledged by the owner to be a change in the contact’s scope of work forces the contractor to perform additional work. Constructive changes are not formal change orders, but informal changes that could have been ordered under a contract’s changes clause if the change had been recognized by the owner. The constructive change doctrine recognizes that being informally required to do extra work is similar to a formal change order and should be governed by similar principles. Thus, if it is found that a constructive change order did occur, the contractor may be entitled to payment for additional costs incurred, and an extension to the contract performance period. Constructive changes most often arise where there is a dispute regarding contract interpretation, defective plans and specifications, acceleration or suspension of work, interference or failure to cooperate with the contractor, misrepresentation or nondisclosure of superior knowledge or technical information, over inspection, or a delay in providing requested information crucial to the contractor’s ability to continue work. Read the court decision
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    Reprinted courtesy of Jonathan R. Mayo, Smith Currie
    Mr. Mayo may be contacted at jrmayo@smithcurrie.com

    Developer Transition – Washington DC Condominiums

    June 29, 2017 —
    Developer transition is the process by which governance over a condominium unit owners’ association (“condominium association”) is transferred from condominium developer to unit owner control. Below is an overview of the legal requirements in the District of Columbia that govern this transition process as well as a “transition checklist” for unit owner-elected boards of directors that have recently transitioned from developer control. TRANSITION LAW OVERVIEW PERIOD OF DEVELOPER CONTROL A developer initially controls a condominium association because it owns all unsold units in the newly created condominium. As such, the condominium developer has the controlling votes associated with majority ownership and can appoint its own employees as the initial members of the board of directors and thereby control how the association conducts its affairs. This is referred to as the “period of developer control,” during which the condominium developer makes all decisions on behalf of the condominium association. The developer also creates a condominium association’s governing documents allowing it to dictate, subject to applicable law, the procedures and time periods under which control over the association’s board of directors is ultimately transferred to the unit owners. Read the court decision
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    Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott, P.A.
    Mr. Cowie may be contacted at ndc@cowiemott.com

    Hilti Partners with Canvas, a Construction Robotics Company

    April 03, 2023 —
    Hilti announced a strategic partnership with Canvas, a construction robotics company that has developed a robotic drywalling solution. The partnership allows Canvas to scale globally. Hilti launched its Jaibot, the world’s first semi-autonomous ceiling-drilling robot, in 2020. As part of the partnership, Hilti will assume the manufacturing responsibilities for future Canvas systems. They will be based on the Jaibot platform, giving Canvas a reliable and scalable global supply to meet the huge demand for its finishing robots. The partnering companies share a common vision: that robotic tools will unlock vastly untapped potential and drive a new era of productivity and safety for skilled trade workers. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Congratulations to Wilke Fleury’s 2023 Super Lawyers and Rising Stars!!

    July 10, 2023 —
    Wilke Fleury is extremely proud that 18 of its incredible attorneys have been selected as 2023 Northern California Super Lawyers or Rising Stars! Super Lawyers rates attorneys in each state using a patented selection process and publishes a yearly magazine issue that produces award-winning features on selected attorneys. Congratulations to this talented group: Super Lawyers of 2023 David A. Frenznick Steven J. Williamson Matthew W. Powell Daniel L. Egan George A. Guthrie Michael G. Polis Daniel J. Foster Stephen K. Marmaduke Neal C. Lutterman Trevor L. Stapleton Ronald R. Lamb Read the court decision
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    Reprinted courtesy of Wilke Fleury LLP

    Texas Jury Finds Presence of SARS-CoV-2 Virus Causes “Physical Loss or Damage” to Property, Awards Over $48 Million to Baylor College of Medicine

    September 26, 2022 —
    A Texas jury has found that the presence of SARS-CoV-2 virus on the property of Baylor College of Medicine (BCM) caused “physical loss or damage” and resulting economic loss, triggering coverage under BCM’s commercial property insurance program. The jury awarded BCM over $48 million following a three-day trial; the award consisted of $42.8 million in business interruption, $3.3 million in extra expense, and $2.3 million in damage to research projects. The verdict came after the court denied the insurers’ pre-trial motion for summary judgment, rejecting the insurers’ contention that a virus cannot—as a matter of law—cause physical loss or damage to property. In denying the motion, the court held that whether the presence of the virus causes physical loss or damage presents a question of fact for the jury to resolve; a copy of the order rejecting the insurers’ summary judgment argument can be found here. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Kevin V. Small, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Small may be contacted at ksmall@HuntonAK.com Read the court decision
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    Reprinted courtesy of

    Contract Change # 10: Differing Site Conditions (law note)

    March 28, 2018 —
    Previously, the A201 required a Contractor to provide notice to the Owner and Architect within 21 days after discovery of unforeseen site conditions. This notification is required prior to the conditions being disturbed, so as to allow the Design Team the ability to evaluate the site and determine the compensability of any such differing conditions. Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina