Cambridge Massachusetts Building Expert Directory

Extreme Rainfall Is Becoming More Frequent and Deadly

November 11, 2024 — Lou Del Bello - Bloomberg
Torrential rains that triggered floods and landslides have killed hundreds of people and displaced millions across parts of Africa, Europe, Asia and the US in recent months. The unprecedented deluges overwhelmed even communities accustomed to extreme weather and showed the limitations of the early-warning systems and emergency protocols established in many countries to avoid major loss of life. Climate scientists have warned that an accelerated water cycle is locked into the world’s climate system due to past and projected greenhouse gas emissions, and is now irreversible. The communities that tend to pay the highest price are often in poorer countries, where environments can be more fragile and governance more patchy, and there are fewer resources to bounce back after a disaster. Read the court decision
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Reprinted courtesy of Lou Del Bello, Bloomberg

New Addition To New Jersey Court Rules Impacts More Than Trial Practice

November 16, 2020 — Thomas Regan & Karley Kamaris - Lewis Brisbois Newsroom
On September 1, 2020, New Jersey adopted a brand-new rule of procedure, Rule 4:25-8, which properly defines motions in limine. On its face, the new rule prohibits, broadly, filing motions in limine that may have a dispositive effect on the case. Most notably, the rule expressly eliminates the ability to move, on motion in limine, to bar expert testimony in matters in which such experts are required to sustain a party’s burden of proof. This effectively makes the summary judgment phase of litigation the last chance to bar experts from a jury trial or take any other dispositive action The new rule comes at a time in which the evidentiary standard for experts is shifting in New Jersey. In October 2018, the New Jersey Supreme Court reconciled the framework for analyzing the reliability of expert testimony under N.J.R.E. 702 and 703 in In re: Accutane Litigation. Significantly, New Jersey, a traditional Frye jurisdiction, incorporated certain federal Daubert factors for expert “use by our courts” but, overall, fell short of adopting the Daubert standard as a whole. In applying the relevant Daubert factors, the trial court in Accutane held that the subject experts’ methodologies were unsound due to the failure to apply fundamentals of the scientific method of the medical-evidence hierarchy. The decision resulted in the dismissal of over 3,000 claims. Reprinted courtesy of Thomas Regan, Lewis Brisbois and Karley Kamaris, Lewis Brisbois Mr. Regan may be contacted at Thomas.Regan@lewisbrisbois.com Ms. Kamaris may be contacted at Karley.Kamaris@lewisbrisbois.com Read the court decision
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Los Angeles Could Be Devastated by the Next Big Earthquake

October 15, 2013 — CDJ STAFF
A group of scientists have made a list of about 1,500 concrete buildings in Los Angeles which could potentially collapse in an earthquake. They have offered to make the list available to Los Angeles officials, although the city has yet to take them up on the offer. In response, a group of Times reporters combed through records to identify which buildings were of the sort most likely to collapse in an earthquake. The group found more than 1,000 concrete buildings built before 1976 when Los Angeles increased the requirements for steel rebar. Experts estimate that in a major earthquake, five percent of these buildings could collapse, which for Los Angeles would mean about 50 buildings. Many of these buildings could be seismically retrofitted, but the article notes that a retrofit starts with a $100,000 structural study. Carol Schatz of the Central City Association notes that the cost of retrofitting “would be greater than the value of the building.” Read the court decision
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Timely Legal Trends and Developments for Construction

February 18, 2019 — Matt Viator - Construction Executive
The construction industry is broad and the legal concerns of industry members can be far-reaching. What seems like tomorrow’s problem often jumps to the forefront and becomes a high priority today. 2018 was full of moments like these – and it’s important to keep track of legal developments for a glimpse at what may be waiting around the corner. With that in mind, here are some of the most important legal developments for the construction industry from the second half of 2018. Sureties and Litigation – a Broad Topic Sureties play a vital role on construction projects. On federal jobs and state, county or municipal jobs, surety bonds are typically required. That means it’s important to stay on top of how the courts are treating surety agreements. Reprinted courtesy of Matt Viator, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Wilke Fleury Secures Bid Protest Denial

March 16, 2020 — Wilke Fleury LLP
After the City of Vacaville, following a sealed bid process, awarded a significant well drilling contract to Roadrunner Drilling & Pump Company, second-place bidder Nor-Cal Pump and Well Drilling filed a protest with the City on January 30, claiming that Roadrunner’s bid failed to meet certain requirements of the proposed contract. Roadrunner hired Wilke Fleury to defend the bid protest. After Wilke Fleury partner Dan Baxter transmitted a letter to the City explaining why the disgruntled bidder’s protest was factually and legally unsupported, the City—a mere nine days after receiving Dan’s letter—rejected the bid protest, and maintained its award of the project to Roadrunner as the lowest responsive and responsible bidder. Wilke Fleury LLP Read the full story... Read the court decision
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Trucks looking for Defects Create Social Media Frenzy

July 23, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Willits News, slow-moving trucks with cameras attached rolled through Fort Briggs, attracting attention from homeowners in the community. People began mentioning the trucks on social media sites, with questions regarding what the cameras on the trucks were recording. Osmose Utilities General Manager, Jason Milligan, told Willits News that the trucks were “surveying overhead power poles and lines for PG&E.” "We're not looking for anything but what's overhead," Mulligan said, according to Willits News. "We find defects or issues with construction ... 20 or 30 feet off the ground, which are safety issues. We don't scan anything down towards people's homes." Read the court decision
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Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

October 16, 2023 — Lewis Brisbois
(August 17, 2023) – Best Lawyers has selected 172 Lewis Brisbois attorneys across 46 offices for its 30th edition of The Best Lawyers in America. It has also recognized four Lewis Brisbois partners on its "Lawyers of the Year" list: Akron Managing Partner David Kern (Mergers and Acquisitions Law); Newark Partner Meredith Kaplan Stoma (Professional Malpractice Law - Defendants); Philadelphia Partner Steven D. Urgo (Litigation – Insurance); and Roanoke Managing Partner John T. Jessee (Medical Malpractice Law – Defendants). Please join us in congratulating the following attorneys on their Best Lawyers recognition! You can see the full list of attorneys named to Best Lawyers' Ones to Watch in America here. Akron, OH

Partner John F. Hill - Bet-the-Company Litigation, Commercial Litigation, Legal Malpractice Law – Defendants, and Personal Injury Litigation - Plaintiffs
Partner Kerri Keller - Commercial Litigation
Managing Partner David Kern - Corporate Law, Mergers and Acquisitions Law, Tax Law, and Trusts and Estates

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Think Before you Execute that Release – the Language in the Release Matters!

June 17, 2024 — David Adelstein - Florida Construction Legal Updates
If you execute a release in exchange for payment or other consideration, remember the language in the release means something. THE RELEASE LANGUAGE MATTERS! And the meaning in the release may be way more than you intended so please make sure you truly digest and consider release language before executing. This sentiment could not be truer than in the 2009 decision Bell BCI Company v. United States, 570 F.3d 1337 (Fed. Cir. 2009). In this case, a contractor entered into a modification (change order) with the government. The modification included the following language: increase the contract amount by $2,296,963 … as full and equitable adjustment for the remaining direct and indirect costs of the Floor 4 Fit-out (EWO 240–R1) and full and equitable adjustment for all delays resulting from any and all Government changes transmitted to the Contractor on or before August 31, 2000. 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

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES