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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
    For Cambridge Massachusetts


    It Was a Wild Week for Just About Everyone. Ok, Make that Everyone.

    California Supreme Court Rules Developers can be Required to Include Affordable Housing

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    NAHB Reports on U.S. Jobs Created from Home Building

    Touchdown! – The Construction Industry’s Winning Audible to the COVID Blitz

    Shaken? Stirred? A Primer on License Bond Claims in California

    Not in My Kitchen – California Supreme Court Decertifies Golden State Boring Case

    Insurer Need Not Pay for Rejected Defense When No Reservation of Rights Issued

    Five Pointers for Enforcing a Non-Compete Agreement in Texas

    Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56

    United States Supreme Court Grants Certiorari in EEOC Subpoena Case

    “Based On”… What Exactly? NJ Appellate Division Examines Phrase and Estops Insurer From Disclaiming Coverage for 20-Month Delay

    Sean Shecter to Join American University Environmental and Energy Law Alumni Advisory Council

    Are “Green” Building Designations and Certifications Truly Necessary?

    No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim

    Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)

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    New York’s Second Department Holds That Carrier Must Pay Judgment Obtained by Plaintiff as Carrier Did Not Meet Burden to Prove Willful Non-Cooperation

    Prospective Additional Insureds May Be Obligated to Arbitrate Coverage Disputes

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    Brown Paint Doesn’t Cover Up Construction Defects

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    Corporate Profile

    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Cambridge, Massachusetts Building Expert Group provides a wide range of trial support and consulting services to Cambridge's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Cambridge, Massachusetts

    Construction Managers, Are You Exposing Yourselves to Labor Law Liability?

    February 22, 2021 —
    When dealing with construction site accidents, who a party is matters. Under Labor Law sections 200, 240(1) and 241(6) owners, contractors, and their agents have a non-delegable duty to provide reasonable and adequate protection to workers from risks inherent at work sites, with a specific emphasis placed on elevation-related hazards. Given the near strict liability nature of Labor Law section 240(1), it is critical to identify whether a party is a proper Labor Law defendant from the get-go. While identifying the owner (and usually the contractor) may be relatively straightforward, identifying “their agents” has proven to be a more complex undertaking. It should be noted that the requirements set forth in the Labor Law are non-delegable from the standpoint of the owner or contractor, however, the duties themselves can be assigned to “agents” of an owner or “agents” of a contractor. When such an assignment occurs, the same non-delegable duty held by the owner or contractor is imposed on the agents as well. Moreover, “once an entity becomes an agent under the Labor Law it cannot escape liability to an injured plaintiff by delegating the work to another entity.[1]” An entity that often skirts the line between being an agent and not, is the Construction Manager. Traditionally, the Construction Manager has been found to be outside the purview of the Labor Law when its scope of work is narrowly focused on scheduling and general coordination of the construction process. However, when a Construction Manager’s scope expands, so does its risk that it may, in fact, become a proper Labor Law defendant. Read the court decision
    Read the full story...
    Reprinted courtesy of Timothy P. Welch, Hurwitz & Fine, P.C.
    Mr. Welch may be contacted at tpw@hurwitzfine.com

    Luxury Villa Fraudsters Jailed for Madeira Potato Field Scam

    September 25, 2018 —
    Four men and a woman convicted of conning people to invest in a fraudulent luxury villa construction scheme on a potato field in the Portuguese island of Madeira were sentenced to as long as 5 1/2 years in a U.K. jail. Read the court decision
    Read the full story...
    Reprinted courtesy of Franz Wild, Bloomberg

    Bad Faith Claim For Independent Contractor's Reduced Loss Assessment Survives Motion to Dismiss

    January 28, 2014 —
    The insured's bad faith claim based upon the insurer's alleged use of an independent contractor to assess the amount of loss in order to lower the amount paid survived a motion to dismiss. Williamson v. Chubb Indem. Ins. Co., 2013 U.S. Dist. LEXIS 178022 (E.D. Pa. Dec. 19, 2013). The insureds' home was damaged. Chubb, their insurer, retained an independent contractor, Eastern Diversified Services (EDS) to assess the amount of loss. EDS estimated the loss to be $193,270.43, and Chubb paid this amount. Chubb's standard practice was to conduct damage estimates itself using an estimating program called Symbility. EDS used a different program with a data base creating lower payments for loss. When this was brought to Chubb's attention, Chubb refused to recalculate the plaintiff's estimate. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Missouri Legislature Passes Bill to Drastically Change Missouri’s “Consent Judgment” Statute

    August 10, 2021 —
    On June 29, 2021, Missouri Governor Mike Parson signed SB-HB 345 into law, which will drastically change Section 537.065 of the Missouri Revised Statutes. Section 537.065 provides an insured who has been denied insurance coverage a statutory mechanism to settle certain tort claims through an agreement akin to a consent judgment. Typically referred to as a “065 Agreement,” the statute allows a plaintiff and insured-tortfeasor to settle a claim for damages and specify which assets are available to satisfy the claim, typically the tortfeasor’s available insurance policy. In the past, such agreements were often accomplished without the insurer’s participation or even its knowledge. Under such agreements, the insured-tortfeasor assigns all rights to the insurance policy to the plaintiff and agrees not to contest the issues of liability or damages. In exchange the plaintiff agrees not to execute any judgment against the insured. The parties conduct what amounts to an uncontested and often “sham” trial resulting in a judgment far in excess of any actual damages or applicable policy limits had the case been contested. In a subsequent proceeding to collect on the judgment, the tortfeasor’s insurer is bound by the determinations of liability and damages made in the underlying action. This statutory framework presented plenty of opportunities for abuse. In 2017, the statute was amended in order to address some of those issues, including a requirement that the insured provide notice of a settlement demand under Section 065 and providing insurers a limited right to intervene in the tort action before liability and damages have been determined. Ostensibly, the intent of the 2017 amendments was to reduce the number of large and uncontested judgments and allow the insurance carrier an opportunity to continue litigating the injured party’s claim where the insured has no incentive or is contractually prohibited from doing so. Yet, creative plaintiff’s attorneys found several “loopholes” around these changes, most prominently, by moving their disputes from state court to binding arbitration and dispensing with notice to the insurer altogether, or at least until after the arbitration has concluded. Read the court decision
    Read the full story...
    Reprinted courtesy of Jason Taylor, Traub Lieberman
    Mr. Taylor may be contacted at jtaylor@tlsslaw.com

    Contractors Sued for Slip

    June 28, 2013 —
    A man on his way to a safety meeting slipped fell on a gangway. He’s saying that the roofing paper on the gangway was improperly secured and is now suing the contractor for negligence. Donald Methvien claims that his damages exceed $50,000. Read the court decision
    Read the full story...
    Reprinted courtesy of

    25 Days After Explosion, Another Utility Shuts Off Gas in Boston Area

    October 30, 2018 —
    Three hundred thirty-nine homes in Woburn, Mass., were without power on Oct. 8 after National Grid shut off gas meters following the inadvertent over-pressurization of the natural gas line on Oct. 8, according to the Woburn Fire Dept. Read the court decision
    Read the full story...
    Reprinted courtesy of Johanna Knapschaefer, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    US Supreme Court Orders All Mountain Valley Gas Line Work to Proceed

    August 14, 2023 —
    In a ruling without explanation in response to an emergency appeal by the project developer, the U.S. Supreme Court on July 27 said work to complete the Mountain Valley gas pipeline can proceed. The decision follows an order earlier this month by the Richmond, Va., appeals court to halt restart of work on the much-litigated and delayed $6.6-billion, 303-mile natural gas pipeline in Virginia and West Virginia, after new lawsuits filed by opponent groups. Reprinted courtesy of Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Study Finds Construction Cranes Vulnerable to Hacking

    May 20, 2019 —
    When securing a jobsite against malicious hackers, most go to protect computer files, and few look up and worry about the tower cranes. But many cranes—whether tower, mobile or industrial—can be remotely run via radio wireless controllers, a useful feature for when operators need a clearer view of the load from the ground. Unfortunately, these wireless signals are vulnerable to hijacking, according to a study released earlier this year by security research firm Trend Micro. It found that the radio signals these crane controllers use are not encrypted over the air in any way, and can be easily intercepted and spoofed using off-the-shelf equipment and a basic knowledge of electronics and radio engineering. Read the court decision
    Read the full story...
    Reprinted courtesy of Jeff Rubenstone, ENR
    Mr. Rubenstone may be contacted at rubenstonej@enr.com