Cambridge Massachusetts Building Expert Directory

Safety Guidance for the Prevention of the Coronavirus on Construction Sites

May 25, 2020 — Heather Whitehead - Newmeyer Dillion
Although construction projects are generally allowed to proceed under most COVID-19 stay at home orders, owners and contractors need to know how to proceed safely on their construction sites. Not only do workers and others on site need to be protected, but implementation of these protocols is also critical to avoid potential liabilities. Last week, the California Department of Industrial Relations – Division of Occupational Safety & Health (CAL/OSHA) released guidance regarding safety and health procedures to prevent the spread of COVID-19 at construction sites. A link to the CAL/OSHA Safety and Health Guidance is provided here. While the guidance states that it is not imposing any new legal obligations, it is imperative for businesses to not only be aware of these safety practices, but to incorporate these practices as appropriate on each construction site to protect its employees as well as subcontractors, suppliers and others who may be present on site. Otherwise, owners and contractors face potential exposure to regulatory action, including potential penalties and other liabilities, if they fail to properly incorporate these guidelines into the Injury and Illness Prevention Program (IIPP) at each construction site. Now is the time to update your current Injury and Illness Prevention Program (IIPP) to include recommended protocols for preventing the spread of the Coronavirus. Read the court decision
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Reprinted courtesy of Heather Whitehead, Newmeyer Dillion
Ms. Whitehead may be contacted at heather.whitehead@ndlf.com

Wildfire Risk Harms California Home Values, San Francisco Fed Study Finds

August 26, 2024 — Laura Curtis - Bloomberg
California’s wildfires are weighing on home prices more than in the past, and insurance availability does little to help in areas considered to be at higher risk, according to a Federal Reserve Bank of San Francisco study. “Our results suggest that property values have been more adversely impacted in recent years by being close to past wildfires than was the case previously,” economists Leila Bengali, Fernanda Nechio and Stephanie Stewart wrote in a paper published Monday on the Fed bank’s website. While the effect of the proximity may be relatively small now, the economists warned “this pattern may become stronger in years to come if residential construction continues to expand into areas with higher fire risk and if trends in wildfire severity continue,” the study cautioned. Read the court decision
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Reprinted courtesy of Laura Curtis, Bloomberg

Learning from Production Homes of the Past

August 13, 2014 — Beverley BevenFlorez-CDJ STAFF
Big Builder recaps production homes by decade, beginning with Sears Catalog Homes of the 1920s. They cover major events, original prices, intended buyers, geographic areas, designer/developers, styles/floor plans, and how they broke ground. Big Builder chose to highlight Greenbelt Row Houses for the 1930s, Levittown Tract Homes for the 1940s, as well as additional home builders for each decade through 2010. Read the court decision
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Disappearing Data: Avoid Losing Electronic Information to Avoid Losing the Case

February 01, 2022 — Daniel C. Wennogle & Jennifer Knight Lang - Construction Executive
It happens: A contractor on a delayed project ends up in litigation over liquidated damages, but the key communications regarding delays and approvals were sent and received by the project manager on a mobile device using text messages and personal email accounts. Unfortunately, the project manager left the company a year ago on bad terms and has changed phones. The information that would serve to mitigate the contractor’s liability has disappeared. With better awareness and policies for capturing and managing electronic information, this is avoidable. Proactive and effective management of electronically stored information on construction projects can not only reduce costs and discovery disputes should litigation arise but can also provide critical evidence in reducing liability exposure in such disputes. The Federal Rules of Civil Procedure (as well as most state rules, which often mirror federal rules), provide for sanctions if a party fails to preserve electronically stored information (ESI) that should have been preserved in anticipation of litigation but is lost due to the failure to take reasonable steps to preserve it. Even in arbitration, where discovery and disclosure obligations are often more limited than in the court setting, preservation of ESI can help strengthen claims and defenses, avoiding accusations of spoliation that can derail a case. Arbitrators can also fashion appropriate sanctions for destruction of relevant evidence, not to mention the impact that apparent spoliation can have on a party’s credibility. Reprinted courtesy of Daniel C. Wennogle & Jennifer Knight Lang, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Lang may be contacted at jennifer.lang@moyewhite.com Mr. Wennogle may be contacted at daniel.wennogle@moyewhite.com Read the court decision
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Fifth Circuit Concludes Government’s CAA Legal Claims are Time-Barred But Injunctive-Relief Claims are Not

November 28, 2018 — Anthony B. Cavender - Gravel2Gavel
In another recent U.S. Court of Appeals for the Fifth Circuit decision, on October 1, 2018, the Fifth Circuit affirmed, in part, the District Court’s ruling that the general federal statute of limitations, 28 U.S.C. § 2462, required the dismissal of the government’s civil enforcement action in the case of U.S., et al., v. Luminant Generation Co., LLC, et al. The Fifth Circuit agreed that the statute barred the imposition of any civil fine for the alleged unlawful construction operations regarding the modification of major emitting facilities contrary to Section 7475(a) of the Clean Air Act (CAA). But, the Fifth Circuit remanded the injunctive-relief claims to the District Court for further consideration. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

GSA Releases Updated Standards to Accelerate Federal Buildings Toward Zero Emissions

August 12, 2024 — The U.S. General Services Administration
WASHINGTON — The U.S. General Services Administration (GSA) is advancing progress toward the Biden-Harris Administration's federal sustainability goals by releasing updated standards for federal buildings. P100 Facilities Standards for the Public Buildings Service establish mandatory design and construction standards and performance criteria for 300,000 federal buildings nationwide. The updated standards will help advance the adoption of cleaner, more efficient technologies for buildings; lead the way towards realizing the goals of the Federal Sustainability Plan to achieve net-zero emissions from all federal buildings by 2045; and promote the use of American-made, low carbon construction materials. P100 requires that facilities adopt advanced energy conservation strategies and eliminate on-site fossil fuel use, directives that align with federal sustainability goals and will accelerate the transition to a clean energy economy. The industry-leading standard calls for grid-interactive efficient buildings, leverages innovative technologies through GSA's Green Proving Ground, requires the use of low-embodied carbon materials, and directs potable water reuse. These comprehensive measures ensure that new and renovated federal facilities achieve peak performance while minimizing environmental impact. The 2024 P100 establishes exceptional benchmarks for:

Electrification: New standards for building equipment and systems to be powered by clean energy sources.
Embodied Carbon: Requirement to utilize low-embodied carbon materials, including salvaged, reused, regenerative, and biomimetic options.
Energy Efficiency: Enhanced building envelope performance to minimize energy loss and improve overall efficiency.
Grid-Interactive Efficient Buildings: New measures to support a more resilient, responsive grid.
Water Reuse: Mandating that buildings have a 15% potable water reuse rate.
Construction Decarbonization: Ground breaking new low-carbon methods for constructing federal buildings including clean energy operations, material salvage, and offsite assemblage.
Labor Practices: New standards protecting workers from unfair or unsafe labor practices, ensuring supply chains are free from child and forced labor and that workers are protected from the impacts of extreme heat.

P100 is updated and published every three years. For more detailed information on the 2024 P100 and other GSA initiatives, visit www.gsa.gov/p100. Read the court decision
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Best Practices: Commercial Lockouts in Arizona

April 10, 2023 — Patrick Tighe - Snell & Wilmer Real Estate Litigation Blog
If a tenant defaults under a commercial lease, Arizona law permits the landlord to re-take possession of the premises by locking out the defaulting tenant. However, if the landlord’s lockout is wrongful, the landlord may be liable for the damages the tenant sustains because of the wrongful lockout. To minimize such liability, here are some general best practices to follow when locking out a defaulting tenant:

Do Not Breach the Peace. It is vital when performing a lockout to not breach the peace. What constitutes a “breach of the peace” depends on the particular circumstances at hand. For example, if a tenant arrives during the lockout and becomes angry or threatens violence, the landlord should stop performing the lockout and return at a later time. As a general rule of thumb, it is best to perform lockouts in the early morning hours or in the late evening hours when the landlord is less likely to encounter the tenant.
Provide A Notice of Default. Many commercial leases require the landlord to provide a notice of default before the landlord can lock out a defaulting tenant. Check, double check, and triple check that the landlord followed the lease’s notice of default provisions correctly, including that the landlord sent the notices to all required parties in accordance with the time requirements set forth in the lease.

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Reprinted courtesy of Patrick Tighe, Snell & Wilmer
Mr. Tighe may be contacted at ptighe@swlaw.com

Remediation Work Caused by Installation of Defective Tiles Not Covered

August 19, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The federal district court applied California law to find there was no coverage when the subcontractor was sued for broken tiles on a project. Am. Home Assur. Co. v. SMG Stone Co., 2015 U.S. Dist. LEXIS 75910 (N. D. Cal. June 11, 2015). The subcontractor installed stone floor tiles at the project. The developer discovered fractures in some of the tiles. The fractured tiles were removed and replaced. This remediation process required the removal and replacement of portions of drywall and concrete subfloor installed by other subcontractors. The developer sued the subcontractor, who tendered the defense to its insurer. The insurer denied coverage and filed for a declaratory judgment that there was no coverage for the floor tile fracture claims. 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

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