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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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    Chicago Developer and Trade Group Sue City Over Affordable Housing Requirements

    The Future Looks Bright for Construction in 2015

    Lewis Brisbois Moves to Top 15 in Law360 2022 Diversity Snapshot

    Yet ANOTHER Reminder to Always Respond

    Designers “Airpocalyspe” Creations

    Submitting Claims on Government Projects Can Be Tricky

    California Supreme Court Upholds Insurance Commissioner’s Authority to Regulate Replacement Cost Estimates

    Endorsements Preclude Coverage for Alleged Faulty Workmanship

    San Francisco Sues Over Sinking Millennium Tower

    Business Risk Exclusions Bar Coverage for Construction Defect Claims

    Haight’s Kristian Moriarty Selected for Super Lawyers’ 2021 Southern California Rising Stars

    2018 California Construction Law Update

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

    TxDOT, Flatiron/Dragados Mostly Resolve Bridge Design Dispute

    Motions to Dismiss, Limitations of Liability, and More

    Aging-in-Place Features Becoming Essential for Many Home Buyers

    California Department of Corrections Gets Hit With the Prison Bid Protest Blues

    Concurrent Causation Doctrine Applies Where Natural and Man-made Perils Combine to Create Loss

    Trial Victory in San Mateo County!

    Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

    New York Signs Biggest Offshore Wind Project Deal in the Nation

    Real Estate & Construction News Roundup (05/10/23) – Wobbling Real Estate, Booming (and Busting) Construction, and Eye-Watering Insurance Premiums

    $5 Million Construction Defect Lawsuit over Oregon Townhomes

    Boston Developer Sues Contractor Alleging Delays That Cost Millions

    2019 Legislative Changes Affecting the Construction Industry

    Contractor Liable for Soils Settlement in Construction Defect Suit

    How Berger’s Peer Review Role Figures In Potential Bridge Collapse Settlement

    Deadline Nears for “Green Performance Bond” Implementation

    How to Make the Construction Dispute Resolution Process More Efficient and Less Expensive

    How the Cumulative Impact Theory has been Defined

    Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

    Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

    Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage

    Can a Contractor be Liable to Second Buyers of Homes for Construction Defects?

    Relief Bill's Highway Funds Could Help Construction Projects

    Owners and Contractors Beware: Pennsylvania (Significantly) Strengthens Contractor Payment Act

    Cracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire Structure

    Licensing Reciprocity Comes to Virginia

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

    A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

    Prevent Costly Curb Box Damage Due on New Construction Projects

    BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute

    Construction Defect Case Not Over, Despite Summary Judgment

    July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors

    Unlicensed Contractors Caught in a Sting Operation

    Real-Estate Pros Fight NYC Tax on Wealthy Absentee Owners

    Professional Services Exclusion Bars Coverage Where Ordinary Negligence is Inseparably Intertwined With Professional Service

    Town Sues over Defective Work on Sewer Lines

    Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

    Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs
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    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
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    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. Leveraging 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.

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    Cambridge, Massachusetts

    Mixing Concrete, Like Baking a Cake, is Fraught with Problems When the Recipe is Not Followed

    February 26, 2015 —
    “Mixing concrete, like baking a cake, is fraught with problems when the recipe is not followed.” – Justice Kenneth Yegan, State Ready Mix, Inc. v. Moffatt & Nichol, California Court of Appeal for the Second District, Case No. B253421 (January 8, 2015). I love jurists who aren’t afraid to mix in a little humour in their opinions. But “[t]he law,” as a framed needlepoint in one of my colleague’s offices says, “is serious business.” And the State Ready Mix case involved one of the thorniest problems in construction litigation: What to do when you’re sued and you think someone else is to blame. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    California Attempts to Tackle Housing Affordability Crisis

    December 22, 2019 —
    It’s a bit too early yet for our 2020 Construction Law Update but here’s a preview of some of the new laws taking effect next year. Earlier this month, Governor Gavin Newsom signed a slate of 18 bills to boost housing production in an effort to tackle the state’s housing affordability crisis. First, a bit of background. California currently ranks 49th among the states in housing units per resident. Experts say that the state needs to double its current rate of housing production of 85,000 unit per year just to keep up with population growth and four times the current rate to reduce housing costs. Anecdotally, here in the San Francisco Bay Area, the median rent for a one-bedroom apartments in San Francisco is currently $3,690 per month or $44,280 per year. However, as of May 2018, according to the U.S. Bureau of Statistics, the annual mean wage of a teller is just $32,840, for farmworkers $34,700, and for teachers $48,250. And that’s before taxes. Let that sink in for a moment. The result is one in five Californians live in poverty, the highest rate in the nation, when factoring in the cost of living. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    What the FIU Bridge Collapse Says About Peer Review

    September 23, 2019 —
    Attorneys for families of the six people who were killed and for survivors of 2018’s Florida International University pedestrian bridge collapse say Louis Berger Group is the last defendant that has not yet agreed to settle lawsuits in state court in Miami. The legal actions target companies that designed and built the bridge. Reprinted courtesy of Richard Korman, Engineering News-Record and Scott Judy, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Mr. Judy may be contacted at judys@enr.com Read the court decision
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    Reprinted courtesy of

    Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

    February 18, 2020 —
    Maryland’s highest court recently heard arguments regarding the proper method of allocation of the covered damages from a slowly progressing asbestos injury amongst insurance policies in place over a period of years. Rossello v. Zurich American Insurance Company, Case No. 2436 (Md. 2019). The court may also be forced to determine what the proper trigger of coverage is for latent bodily injury claims, although the plaintiff has not framed the issue in that manner. In Rossello, the plaintiff, Patrick Rossello, worked for a period of years for the now-defunct Lloyd E. Mitchell, Inc. (“Mitchell”), a construction company operating until 1976. In 1974 he was exposed to and inhaled asbestos fibers. He was ultimately diagnosed in 2013 with malignant mesothelioma as a result of that exposure. Rossello obtained a judgment for approximately $2,700,000 against Mitchell and secured the right to pursue its insurance. As relevant to this dispute, Mitchell carried liability insurance policies, which provide coverage for asbestos related claims, from 1974 to 1977. Rossello seeks to hold Zurich, as successor to Maryland Casualty Company, accountable for the full value of his award, based on the 1974 policy. Although this contention actually implicates two separate issues, plaintiff’s counsel passed over the initial trigger of coverage issue and focused instead on the issue of allocation of coverage. Read the court decision
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    Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
    Mr. Bennett may be contacted at wsb@sdvlaw.com

    Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test

    October 02, 2015 —
    This past month, the California Court of Appeals for the Third District, in James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., Case No. C072169 (August 27, 2015), handed down a decision in a construction contract battle that has raged since 2007. And, once again, the winner is . . . in the words of Justice Andrea Lynn Hoch who authored the opinion . . . . “no prevailing party in [the] case” and hence “no prevailing party attorney’s fees [ ] awarded.” Background In Harris, subcontractor James L. Harris Painting & Decorating, Inc. (“Harris”) sued general contractor West Bay Builders, Inc. (“West Bay”) for extra work performed on a school construction project in Stockton, California. Among its claims, Harris asserted that West Bay was liable under California’s prompt payment statutes for failure to timely pay Harris. Read the court decision
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    Reprinted courtesy of Roger Hughes, Wendel Rosen Black & Dean LLP
    Mr. Hughes may be contacted at rhughes@wendel.com

    Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

    November 21, 2017 —
    Originally published by CDJ on May 3, 2017 In breaking news this week, LAW360.com posted that the Third Circuit ruled Friday that “a common exclusion found in a Travelers policy bars coverage for claims arising out of asbestos in any form, limiting insurers’ potential exposure to asbestos injury claims by precluding policyholders from arguing that the exclusionary language is ambiguous and doesn’t extend to products containing the carcinogen.” In its detailed analysis of the decision, LAW360 turned to Greg Podolak for his analysis. Gregory D. Podolak, managing partner of Saxe Doernberger & Vita PC’s Southeast office, said the ruling is a cautionary tale that should galvanize policyholders and their insurance brokers to take a closer look at policies to delete or curtail broad “arising out of” language in exclusions. Otherwise, insureds could find themselves without any coverage for claims even remotely related to a certain product, he said. Read the court decision
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    Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
    Mr. Podolak may be contacted at gdp@sdvlaw.com

    Carbon Monoxide Injuries Caused by One Occurrence

    April 01, 2014 —
    Injuries from carbon monoxide poisoning to two families living in the insured's apartment complex arose from a single occurrence. Kosnoski v. Rogers, No. 13-0494, Memorandum and Decision (W. Va. Feb. 18, 2014). The families lived in two apartments in the same complex owed by Marc Rogers. Members of the two families suffered serious injuries from carbon monoxide poisoning and one family member died. A gas boiler furnace in the basement of the apartment complex created the carbon monoxide. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Wendel Rosen Construction Attorneys Recognized by Super Lawyers and Best Lawyers

    August 30, 2017 —
    Two members of Wendel Rosen’s Construction Practice Group were recognized recently. Garret Murai was selected for inclusion in the 2017 list of Northern California Super Lawyers and Matthew Graham was selected for inclusion in The Best Lawyers in America© 2018 edition. Garret Is co-chair of the firm’s Construction Practice Group and Matt is a 30+ year veteran of construction law. Read the court decision
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    Reprinted courtesy of