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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
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    Real Estate & Construction News Round-Up (06/29/22)

    Industry News: New Partner at Burdman Law Group

    Court of Appeals Confirms that King County Superior Court’s Jury Selection Process Satisfies Due Process Requirements

    Homebuilders Leading U.S. Consumer Stocks: EcoPulse

    Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?

    Damron Agreement Questioned in Colorado Casualty Insurance v Safety Control Company, et al.

    Just a House That Uses 90 Percent Less Energy Than Yours, That's All

    Quick Note: Mitigation of Damages in Contract Cases

    Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability

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    Accessibility Considerations – What Your Company Should Be Aware of in 2021

    Jury Trials: A COVID Update

    Official Tried to Influence Judge against Shortchanged Subcontractor

    Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums

    Daily Reports – The Swiss Army Knife of Project Documentation

    A Deep Dive Into an Undervalued Urban Marvel

    No Damages for Delay May Not Be Enforceable in Virginia

    Resolving Condominium Construction Defect Warranty Claims in Maryland

    Asbestos Client Alert: Court’s Exclusive Gatekeeper Role May not be Ignored or Shifted to a Jury

    New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

    Employee Handbooks—Your First Line of Defense

    No Third-Quarter Gain for Construction

    Indemnity Clauses—What do they mean, and what should you be looking for?

    Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor's Employee

    Beware: Hyper-Technical Labor Code Violations May Expose Employers to Significant Claims for Penalties under the Labor Code California Private Attorneys General Act of 2004 (PAGA)

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    Let’s Talk About a Statutory First-Party Bad Faith Claim Against an Insurer

    Hawaii Court Looks at Changes to Construction Defect Coverage after Changes in Law

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    Court Holds That Self-Insured Retentions Exhaust Vertically And Awards Insured Mandatory Prejudgment Interest in Stringfellow Site Coverage Dispute

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    Warren Renews Criticism of Private Equity’s Role in Housing

    Bill would expand multi-year construction and procurement authority in Georgia

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    Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations

    Georgia Federal Court Says Fact Questions Exist As To Whether Nitrogen Is An “Irritant” or “Contaminant” As Used in Pollution Exclusion

    Meet the Forum's ADR Neutrals: LISA D. LOVE
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    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

    Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

    February 12, 2024 —
    In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., under Contract No. W912GB-13-C-0011. The proposed amendment introduces an affirmative defense, contending that Kellogg Brown & Root Services, Inc. (KBR) made material misrepresentations in its proposal, rendering the fully-performed contract void ab initio. Background: The contract in question, executed on July 9, 2013, was for the construction of an Aegis Ashore Missile Defense System site in Deveselu, Romania, with a firm, fixed-price amount of $134,211,592. The Corps moved to amend its answer to allege that KBR’s material misrepresentations induced the Corps to enter the contract, justifying the voiding of the contract. The alleged misrepresentations include issues related to subcontractor quotes, firm fixed prices, subcontracting plans, and more. Motion to Amend and Legal Defense: The Corps, despite delays in formally amending its answer, argued that KBR was aware of the potential affirmative defense before the conclusion of fact discovery. The proposed affirmative defense asserts that KBR made eight material misrepresentations in its proposal, upon which the Corps relied in awarding the contract and defending against a GAO protest. Read the court decision
    Read the full story...
    Reprinted courtesy of Matthew DeVries, Burr & Forman LLP
    Mr. DeVries may be contacted at mdevries@burr.com

    WSDOT Excludes Non-Minority Women-Owned DBEs from Participation Goals

    June 15, 2017 —
    A drastic change has been implemented by the Washington State Department of Transportation (“WSDOT”) to the Disadvantaged Business Enterprise (“DBE”) Program in Washington. Effective June 1, 2017, WSDOT has implemented a “waiver” to exclude women-owned DBEs[i] from qualifying toward Condition of Award (“COA”) Goals on federally-funded projects. This move is significant. It will likely result in long-lasting detrimental impacts on the DBE community, women-owned businesses, and the entire construction community in Washington. The construction industry should be in an uproar over this change. Instead, it has largely gone unnoticed (likely because its impacts have not yet been felt). It is a de facto exclusion of women-owned businesses from the DBE program, and the severity of this change cannot be overstated. Under the waiver, women-owned businesses no longer satisfy COA Goals on federally-funded projects (i.e., projects receiving funding from the Federal Highway Administration) advertised after June 1, 2017. Existing contracts are not impacted and may continue to utilize women-owned DBEs to satisfy COA Goals until the project is complete. The waiver is not retroactive. Read the court decision
    Read the full story...
    Reprinted courtesy of Ellie Perka, Ahlers & Cressman PLLC
    Ms. Perka may be contacted at eperka@ac-lawyers.com

    Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured

    February 23, 2017 —
    The additional insured unsuccessfully sought to recover damages to its building caused by the named insured. Brit UW, Ltd. v. Tripar, Inc., 2017 U.S. Dist. LEXIS 2462 (N.D. Ill. Jan. 6, 2017). Davis Russell Real Estate and Management LLC hired Tripar, Inc., a general contractor, to renovate a 12-unit apartment building. The entire roof was to be replaced by a roofing subcontractor. Davis Russell drafted a Professional Services Agreement (PSA) that governed the project. Tripar was to obtain a CGL policy and provide a certificate of insurance evidencing the coverage. Davis Russell was to be named as an additional insured. Tripar's insurance broker prepared a certificate of insurance reflecting that a CGL policy was issued to Tripar by Brit UW, Ltd. But the certificate clearly stated that it was not issued by the insurer and that it did not alter coverage. The certificate of insurance further stated that it conferred no rights upon the holder. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Multiple Construction Errors Contributed to Mexico Subway Collapse

    June 21, 2021 —
    The May 3 collapse of an elevated section of the Line 12 subway in Mexico City that killed 26 passengers appears to have resulted from multiple construction faults, according to a risk management firm's preliminary report. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

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

    August 20, 2018 —
    DETROIT (AP) — The nation's largest home-demolition program, which has torn down more than 14,000 vacant houses across Detroit , may have inadvertently created a new problem by spreading lead-contaminated dust through some of the city's many hollowed-out neighborhoods. Read the court decision
    Read the full story...
    Reprinted courtesy of Engineering News-Record
    ENR may be contacted at ENR.com@bnpmedia.com

    Will COVID-19 Permanently Shift the Balance between Work from Home and the Workplace?

    April 13, 2020 —
    On March 15, 2020, the Center for Disease Control and Prevention (CDC) issued formal guidance to combat the spread of the coronavirus by recommending against gatherings of 50 or more people for the next eight weeks (CDC guidance), which includes nearly every office building in America. Thus, began the most significant work from home experiment this country has ever seen. With the majority of the workforce working from home, many employees see this as an opportunity to finally prove that, “yes, that meeting could have been an email.” However, while workers will not be distracted by constant (and potentially unnecessary) meetings, a number of issues and questions arise with working from home. Most importantly, is this working from home experiment a temporary opportunity for businesses to test remote work ideas or is this the new normal? And how will this affect commercial real estate moving forward? Read the court decision
    Read the full story...
    Reprinted courtesy of Adam Weaver, Pillsbury
    Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com

    CGL Insurer’s Duty to Defend Insured During Pre-Suit 558 Process: Maybe?

    December 20, 2017 —
    In earlier postings, I discussed the issue of whether Florida Statutes Chapter 558′s pre-suit construction defects process triggers a CGL insurer’s duty to defend. The issue was whether Florida’s 558 pre-suit notice of a construction defect and repair process met the definition of “suit” within a standard CGL policy. A standard CGL policy defines the term “suit” as: “Suit” means a civil proceeding in which damages because of “bodily injury,” “property damage” or “personal and advertising injury” to which this insurance applies are alleged. “Suit” includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com

    American Council of Engineering Companies of California Selects New Director

    January 22, 2014 —
    Brad Diede has been selected as the new executive director of the American Council of Engineering Companies of California, according to GlobeSt.com. “ACEC California is dedicated to strengthening the engineering and surveying professions, protecting the general public and promoting the use of the private sector in building a better California.” Paul Meyer is retiring after 32 years as the executive director. Diede brings over ten years’ experience as executive director of the California Professional Association of Specialty Contractors. He will begin work at ACEC California January 27th. Read the court decision
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    Reprinted courtesy of