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    Massachusetts Builders Right To Repair Current Law Summary:

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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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    Texas contractual liability exclusion

    Insurance Measures Passed by 2015 Hawaii Legislature

    Quick Note: Insurer Must Comply with Florida’s Claims Administration Act

    Late Notice Kills Insured's Claim for Damage Due to Hurricane

    Brown Act Modifications in Response to Coronavirus Outbreak

    A Vision and Strategy for the Adoption of Open International Standards

    A Quick Checklist for Subcontractors

    Contract Should Have Clear and Definite Terms to Avoid a Patent Ambiguity

    "Is the Defective Work Covered by Insurance?"

    Corps Releases Final Report on $29B Texas Gulf Coast Hurricane Defense Plan

    Mexico’s Construction Industry Posts First Expansion Since 2012

    Construction Lien Waiver Provisions Contractors Should Be Using

    Fracking Fears Grow as Oklahoma Hit by More Earthquakes Than California

    Houston’s High Housing Demand due to Employment Growth

    No Indemnity Coverage Where Insured Suffers No Loss

    Louis "Dutch" Schotemeyer Returns to Newmeyer Dillion as Partner in Newport Beach Office

    Enerpac Plays Critical Role in Industry-changing Discovery for Long Span Bridges at The University of Nebraska-Lincoln

    Consumer Protection Act Whacks Seattle Roofing Contractor

    Code Changes Pave Way for CLT in Tall Buildings and Spark Flammability Debate

    Another Colorado City Passes Construction Defects Ordinance

    High Attendance Predicted for West Coast Casualty Seminar

    Is the Manhattan Bank of America Tower a Green Success or Failure?

    Kahana Feld Receives 2024 OCCDL Top Legal Organizations for DEI Award

    Ex-Turner Exec Gets 46 Months for Bloomberg Construction Bribes

    Quarter Four a Good One for Luxury Homebuilder

    If Passed, New Bill AB 2320 Will Mandate Cyber Insurance For State Government Contractors

    How Finns Cut Construction Lead Times in Half

    Policy Reformed to Add New Building Owner as Additional Insured

    Legal Disputes Soar as Poor Information Management Impacts the AEC Industry

    Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components

    Recession Graduates’ Six-Year Gap in Homeownership

    Homeowner Sues Brick Manufacturer for Spalling Bricks

    California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

    Construction Defect Leads to Death of Worker

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    Claim Against Broker for Failure to Procure Adequate Coverage Survives Summary Judgment

    The Condominium Warranty Against Structural Defects in the District of Columbia

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    Construction Litigation Roundup: “Indeed, You Just Design ‘Em”

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    Corporate Profile

    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

    COVID-19 Damages and Time Recovery: Contract Checklist and Analysis

    April 27, 2020 —
    This Alert explores the contract provisions and related rights that are likely to govern time and compensation adjustments for COVID-19 impacts. As parties begin analyzing such rights, this is intended to serve as a useful guide and checklist. Analysis of relevant contract provisions should start with careful consideration of the specific impacts that have been experienced and the causes of those impacts. The nature of the impact (delay, extra work, disruption, etc.) and the causes of such impacts (owner direction, government order, etc.) will generally govern the analysis and resulting course of action. Listing or creating a matrix of impacts and their causes may be an effective working tool. Essentially, there are five primary impacts that will likely require critical analysis under the relevant contract provisions, and notably, more than one impact may be present: a) complete or partial suspension of work, b) additional work or requirements, c) added cost, d) delay, and e) disruption. Read the court decision
    Read the full story...
    Reprinted courtesy of Patrick J. Greene, Jr., Peckar & Abramson
    Mr. Greene may be contacted at pgreene@pecklaw.com

    Construction Defects through the Years

    July 31, 2013 —
    Builder has an article on the some building changes over the years that have led to construction defect problems. Is insulation evil? Well, that what some thought in the 1930s. Early attempts at insulating walls trapped moisture causing paint to peel. Then in the 1960s, the rise of aluminum wire lead to an even more serious problem: house fires. And it continues. The plastic piping that was though to last forever when it was installed in the late 70s turned out to have about a decade of life. It’s a short forever. Eventually, polybutylene plumbing was forbidden by building codes. The article has a series of building innovations that seemed like great ideas at the time, but were later found to be problematic. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Reasons to Be Skeptical About a Millennial Homebuying Boom in 2016

    December 10, 2015 —
    Predicting whether millennials are finally going to start buying homes in large numbers has become a seasonal sporting event for real estate experts (also something resembling a periodic parental nag). There's good reason for the abiding fixation. Millennials are the largest generation in the U.S. labor force and something akin to guppies in the housing market food chain: When a first-time buyer moves into an entry-level house, it lets the sellers upgrade. But they've been held back by housing price increases that outpace wage hikes, not to mention limited access to credit, and rising rents that make it harder to save for a down payment. Will next year be the year that millennials1 finally satisfy builders and real estate agents (not to mention mom and dad) by making their presence felt in the housing market? Yes, but not to the degree that many might hope. Millennials will make up the largest share of homebuyers in 2016 This is more of a demographic inevitability than a prediction. Historically, the largest share of U.S. homebuyers have been between 25 and 34 years old. Millennials will buy one out of three homes in 2016, predicts Jonathan Smoke, chief economist for Realtor.com, a small uptick from this year. If you prefer your glass half empty, though, Zillow Chief Economist Svenja Gudell thinks the median age of first-time home buyers will hit a new high next year. In either case, Americans will continue the trend of buying their first homes later in life than they did in past decades, as the chart below shows—likely due to some mix of wage stagnation, rising housing costs, and a tendency to start families later in life. Read the court decision
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    Reprinted courtesy of Patrick Clark, Bloomberg

    Construction Law Alert: Concrete Supplier Botches Concrete Mix, Gets Thrashed By Court of Appeal for Trying to Blame Third Party

    January 21, 2015 —
    On January 8, 2015, the Second Appellate district affirmed judgment of the lower court in State Ready Mix Inc. v. Moffatt & Nichol, and barred a concrete supplier from blaming a third party consultant for the concrete supplier's failure to deliver concrete that met project specifications. In 2012, Major Engineering Marine, Inc. was hired by a project manager to construct a harbor pier in the Channel Islands Harbor. Major hired State Ready Mix, Inc. to supply the concrete for the project. State wrote and submitted a concrete mix design and, at the request of Major, civil engineer Moffatt & Nichol reviewed and approved State's mix design at no charge. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and Whitney L. Stefko, Haight Brown & Bonesteel LLP Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com; Ms. Stefko may be contacted at wstefko@hbblaw.com Read the court decision
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    Reprinted courtesy of

    Fraud Claims and Breach Of Warranty Claims Against Manufacturer

    March 04, 2024 —
    A recent case touches upon two issues that are noteworthy when considering fraud claims and breach of warranty claims against a manufacturer. Below contains a discussion on these claims. Independent Tort Doctrine “Florida’s independent tort doctrine provides that a party may not recover in tort for a contract dispute unless the tort is independent of any breach of contract.” MidAmerica C2L Inc. v. Siemens Energy, Inc., 2024 WL 414620, *6 (M.D.Fla. 2024). This means tort allegations and claims MUST be separate and distinct from performance under the contract. Id. (citation omitted). In MidAmerica C2L, a plaintiff sued a manufacturer relating to sophisticated equipment for a coal gasification plant. The parties entered into different agreements for the equipment and a license where the plaintiff could use the manufacturer’s patented technology for its coal gasification plants. A dispute arose and the plaintiff sued the manufacturer under various legal theories. The manufacturer moved for summary judgment. 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

    Certificate of Merit to Sue Architects or Engineers Bill Proposed

    May 03, 2011 —

    North Carolina may become the twelfth state to require a Certificate of Merit to sue an architect or engineer. If North Carolina Senate Bill 435 (SB435) passes, then plaintiffs when filing a complaint will need to also attach an affidavit of a third-party licensed professional engineer or architect stating that the case has merit.

    SB435 is a short two pages in its current form. The bill states that the “third-party licensed professional engineer or licensed architect shall (i) be competent to testify and hold the same professional license and practice in the same area of practice as the defendant design professional and (ii) offer testimony based upon knowledge, skill, experience, education, training, and practice. The affidavit shall specifically state for each theory of recovery for which damages are sought, the negligence, if any, or other action, error, or omission of the design professional in providing the professional service, including any error or omission in providing advice, judgment, opinion, or a similar professional skill claimed to exist and the factual basis for each such claim. The third-party licensed professional engineer or licensed architect shall be licensed in this State and actively engaged in the practice of engineering or architecture respectively.”

    A few of the amendments allude to disciplining design professionals who certify civil actions that are without merit. The bill has been referred to the Committee on Judiciary I.

    While North Carolina is considering enacting a Certificate of Merit law, eleven other states already require one, including Arizona, California, Colorado, Georgia, Maryland, Minnesota, New Jersey, Oregon, Pennsylvania, South Carolina, and Texas. Christopher D. Montez, a partner with Thomas, Feldman & Wilshusen, LLP, has written a useful summary for each state’s certificate of merit scheme.

    Read the text of SB435

    Track the progress of SB435

    Read more from Christopher D. Montez’s article on Thomas, Feldman & Wilshusen, LLP site

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

    The Pitfalls of Oral Agreements in the Construction Industry

    June 28, 2021 —
    Too often, construction professionals engage with each other to handle a project or series of projects and instead of memorializing their terms in writing, the agreement between the parties consists of nothing more than a conversation and a handshake. Both parties put their trust in each other that the terms they discussed will be honored. Nevertheless, one (or both) of the parties may eventually determine that their trust was misplaced, resulting in a big-money, big-headache dispute. By having a written contract at the commencement of their relationship, these issues could have been avoided. Here are nine reasons to have a written contract. Reprinted courtesy of Matthew A. Margolis, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Margolis may be contacted at mmargolis@sbwh.law

    How Finns Cut Construction Lead Times in Half

    December 17, 2024 —
    Rakennustieto organized a Q&A on December 5, 2024, titled “Halving Construction Lead Times—Responsible or Irresponsible?” The discussion focused on speeding up residential construction and renovations. The experts answering questions were representatives from two Finnish contractors (COfLOW and Fira), a client organization (HOAS), a building materials retailer (STARK), and a research institute. Can you halve construction lead time without sacrificing quality? Jaana Matilainen of Rakennustieto asked the panelists whether halving construction time is a realistic goal today, whether they can provide any examples, and if the speed-up has increased or decreased quality. 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