Cambridge Massachusetts Building Expert Directory

California Bullet Train Clears Federal Environmental Approval

June 30, 2014 — Michael B. Marois – Bloomberg
The U.S. Federal Railroad Administration has approved an environmental review needed to begin building a portion of a $68 billion California high-speed rail line that has been mired in lawsuits. The agency, part of the Transportation Department, said in a release that it cleared a 114-mile (183-kilometer) stretch of the project in the Central Valley. The California High-Speed Rail Authority has been blocked from selling bonds to begin construction of the first U.S. bullet train until a court decides whether details of the financing were adequately disclosed. Read the court decision
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Reprinted courtesy of Michael B. Marois, Bloomberg
Mr. Marois may be contacted at mmarois@bloomberg.net

Apartment Boom in Denver a Shortcut Around Condo Construction Defect Suits?

September 24, 2013 — CDJ STAFF
For every condo currently being built in Denver, there are 40 apartment units. And there are some who think that this is being done to evade construction defect lawsuits. At issue is the statute of limitations for construction defects. Under Colorado law, condominium buyers have six years after the completion of constrution to sue for construction defects, unless the defect isn’t discovered until the fifth or six year, in which case they are given until the eighth year. But what if someone built an apartment building, rented out the units for six years, and then converted the whole thing to condominiums? Some think that the construction defect clock would be reset. Amie Mayhew, the CEO of the Colorado Association of Home Builders noted that if this is the case, “you’d be back at square one.” But Doug Benson, a construction defect attorney, thinks that if a builder did this, and didn’t make any further construction, no one would be able to sue for construction defects, even if the condo owners found them. Mr. Benson, who represents homeowners, said that “they’re apartment homes and that’s just to avoid liability.” Mike Gifford, the president of the Associated General Contractors of Colorado, noted that insurance companies were already wary of apartment complexes, fearing that they would be turned into condos. Whatever the cause, Denver seems to have a shortage of condos. But, they’re going to have a lot of apartments available. Read the court decision
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3M PFAS Water Settlement Could Reach $12.5B

July 16, 2023 — Jim Parsons, Debra K. Rubin
3M Co. has offically moved to settle claims of fouled drinking water stemming from the use of so-called “forever chemicals,” striking a deal with U.S. public water systems that could total $10.5 billion to $12.5 billion over 13 years, it said in a June 22 federal filing. Reprinted courtesy of Jim Parsons, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story... Read the court decision
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BHA Announces New Orlando Location

September 30, 2019 — Donald MacGregor - Bert L. Howe & Associates, Inc.
Bert L. Howe & Associates, Inc., one of the country’s leading construction forensics and consulting firms has just announced the opening of their second Florida office. Located in Orlando, this new office will join BHA’s existing Miami location, expanding BHA’s presence in the state and increasing the firm’s ability to provide the highest level of services and logistic support to their clients in Central and North Florida, and in particular, the Orlando, Tampa, Jacksonville and Tallahassee markets. Since 1993, BHA has been an industry leader in providing construction consulting and forensic services and has been a trusted partner with builders and insurance carriers, both large and small, across the United States. In Florida, BHA has been providing construction defect, storm, and general construction-claims related forensic expert services for the past decade with a proven track record of successful results. With the addition of new offices in Orlando, Bert L. Howe & Associates, Inc. offers the experience of over 20 years of service to carriers, defense counsel, and insurance professionals as designated experts in over 7,000 claims. BHA’s staff encompasses a broad range of Florida-licensed and credentialed experts in the areas of general contracting and specialty trades, as well as architects, and both civil and structural engineers, and has provided services on behalf of carriers, developers, general contractors and sub-contractors alike. BHA’s new Orlando office is located in the Regions Bank Tower, 111 North Orange Avenue, Suite 800, Orlando FL, 32801. Read the court decision
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Reprinted courtesy of Donald MacGregor, Bert L. Howe & Associates, Inc.
Mr. MacGregor may be contacted at donm@berthowe.com

AMLO Hits Back at Vulcan, Threatens to Use Environmental Decree

December 04, 2023 — Maya Averbuch & Eric Martin - Bloomberg
Mexico’s president threatened to declare a disputed property owned by Vulcan Materials Co. an environmentally protected area, after failing to reach an agreement with the US construction firm. Andres Manuel Lopez Obrador said Vulcan continued work at the site even while in talks with his government over its potential purchase of the property, which was occupied by Mexican marines in March. Accusing the company of “vile trickery,” AMLO — as the president is known — told reporters Friday that he would act by decree if necessary to halt the destruction in “one of the most beautiful areas in the world.” His comments came a day after Bloomberg reported that the Alabama-based firm was seeking the Biden administration’s protection from what it sees as the threat of a hostile takeover of its property. The 2,400 hectare (5,930 acre) plot south of the resort city of Playa del Carmen includes a port and a quarry. Reprinted courtesy of Maya Averbuch, Bloomberg and Eric Martin, Bloomberg Read the court decision
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Las Vegas Student Housing Developer Will Name Replacement Contractor

February 15, 2018 — John Guzzon – ENR
More than four months after construction abruptly stopped on a $76-million student housing project for the University of Nevada at Las Vegas, the developer is seeking a new contractor. Read the court decision
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Reprinted courtesy of John Guzzon, Engineering News- Record
Mr. Guzzon may be contacted at ENRSouthWestEditor@enr.com

Citigroup Pays Record $697 Million for Hong Kong Office Tower

June 18, 2014 — Michelle Yun – Bloomberg
Citigroup Inc. (C) paid a record HK$5.4 billion ($697 million) to a unit of Wheelock & Co. for a Hong Kong office tower that will bring most of its 5,000 employees under one roof. The price for the 512,000 square-foot property in Kowloon is the largest ever office transaction in Hong Kong, the New York-based bank said in a statement yesterday. The tower, scheduled for completion by the end of 2015, will be used to house staff currently spread out across offices in the city, said Weber Lo, the bank’s chief executive officer for Hong Kong and Macau. Citigroup joins banks and insurers in buying buildings in the city as falling vacancies pose a challenge for companies looking for large office spaces, realtor CBRE Group Inc., which advised the deal, said in a first-quarter review report. Read the court decision
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Reprinted courtesy of Michelle Yun, Bloomberg
Ms. Yun may be contacted at myun11@bloomberg.net

A Relatively Small Exception to Fraud and Contract Don’t Mix

April 01, 2015 — Christopher G. Hill – Construction Law Musings
Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge. A recent opinion out of the Alexandria division of the U. S. District Court for the Eastern District of Virginia sets out another exception, namely so called fraudulent inducement. In XL Specialty Ins. Co. v. Truland et al, the Court considered the question of whether both a tort and contract claim can coexist in the same lawsuit when the tort claim is based upon the information provided to the plaintiff when that information proves false. As the courts of Virginia have held for years, only certain information and statements made pre-contract can be the basis for a fraud claim in the face of a contractual duty to perform. One type of statement that is not properly the subject of a fraud in the inducement type claim is sales talk or opinion. Such sales talk (for example claiming that your company is the best for the job) is not the subject of a fraud claim because it is not meant to be relied upon and that such talk is an opinion about future performance, not a false statement of present fact or intent. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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