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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


    SEC Approves New Securitization Risk Retention Rule with Broad Exception for Qualified Residential Mortgages

    Fourth Circuit Confirms Scope of “Witness Litigation Privilege”

    New EPA Regulation for Phase I Environmental Site Assessments

    Supreme Court of Canada Broadly Interprets Exception to Faulty Workmanship Exclusion

    Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

    “I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties

    When Brad Pitt Tried to Save the Lower Ninth Ward

    Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

    Wilke Fleury Attorneys Featured in “The Best Lawyers in America” & “Best Lawyers: Ones to Watch” 2025 Editions

    7 Areas where Technology is Shifting the Construction Business

    Microsoft Urges the Construction Industry to Deliver Lifecycle Value

    Court Upholds Plan to Eliminate Vehicles from Balboa Park Complex

    California Imposes New Disabled Access Obligations on Commercial Property Owners

    Terms of Your Teaming Agreement Matter

    Construction Up in United States

    Architect Sues School District

    House Committee Kills Colorado's 2015 Attainable Housing Bill

    Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

    Collapse Claim Fails Due To Defectively Designed Roof and Deck

    Massachusetts High Court: Attorney's Fee Award Under Consumer Protection Act Not Covered by General Liability Insurance Policy

    Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

    Insurer's Motion for Summary Judgment to Reject Collapse Coverage Denied

    Reservation of Rights Letter Merely Citing Policy Provisions Inadequate

    Florida's New Pre-Suit Notification Requirement: Retroactive or Prospective Application?

    Recording “Un-Neighborly” Documents

    Coronavirus, Force Majeure, and Delay and Time-Impact Claims

    When Customers Don’t Pay: What Can a Construction Business Do

    No Conflict in Successive Representation of a Closely-Held Company and Its Insiders Where Insiders Already Possess Company’s Confidential Information

    “You’re Out of Here!” -- CERCLA (Superfund) Federal Preemption of State Environmental Claims in State Courts

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    Court Throws Wet Blanket On Prime Contractor's Attorneys' Fees Request In Prompt Payment Case

    The New “White Collar” Exemption Regulations

    Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

    New Orleans Is Auctioning Off Vacant Lots Online

    Illinois Federal Court Determines if Damages Are Too Remote

    Virginia Chinese Drywall “property damage” caused by an “occurrence” and number of “occurrences”

    Industry News: New Partner at Burdman Law Group

    That’s What I have Insurance For, Right?

    Common Law Indemnity Claim Affirmed on Justifiable Beliefs

    Where There's Smoke...California's New Emergency Wildfire Smoke Protection Regulation And What Employers Are Required To Do

    New Pedestrian, Utility Bridge Takes Shape on Everett Waterfront

    Is Safety Compliance Putting Your Project in Jeopardy? Examining the Essentials of DOE’s Worker Safety and Health Program

    The Road to Hell is Paved with Good Intentions: A.B. 1701’s Requirement that General Contractors Pay Subcontractor Employee Wages Will Do More Harm Than Good

    No Coverage Based Upon Your Prior Work Exclusion

    Flood Policy Does Not Cover Debris Removal from Property

    Incorrect Information Provided on Insurance Application Defeats Claim for Coverage

    Insured's Remand of Bad Faith Action Granted

    In Florida, Component Parts of an Improvement to Real Property are Subject to the Statute of Repose for Products Liability Claims

    Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

    One More Statutory Tweak of Interest to VA Construction Pros
    Corporate Profile

    CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Cambridge, Massachusetts

    Will Superusers Future-Proof the AEC Industry?

    May 13, 2019 —
    Design professionals who leverage tools and technology and, at the same time, have people skills, are essential to the future of the industry. They are Superusers, the protagonists of the latest book by Randy Deutsch. Randy Deutsch is an architect, educator, workshop leader, writer, and international keynote speaker. I had a chance to interview him about his book, Superusers: Design Technology Specialists and the Future of Practice. First, I was curious to know why he chose this topic for his fourth book. He explains: “Right now, it made a lot of sense to focus on the individual, not focus on collaboration and building teams, and really define what each individual team member should be.” Who Are Superusers? IT, technology, and tool specialists are typically experts in a relatively narrow field. Designers, especially architects, must have a wider perspective. Superusers are design technologists; liaisons between business needs and technology solutions. They demonstrate certain skillsets and mindsets. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Construction Lien Waiver Provisions Contractors Should Be Using

    January 06, 2020 —
    It is common in construction for a subcontractor or material supplier of any tier to be required to provide a lien waiver when receiving payment. But not all lien waivers are created equal. While at a minimum, a lien waiver, by definition, needs to include a release of liens, it can also include many other terms that can tie up loose ends or resolve potential problems before they begin. Additional Releases A typical lien release is going to release any liens and right to claim liens on the subject property. But a lien waiver can also include releases of any claims against surety bonds, other statutory rights or claims, and at its broadest, claims against the paying party. One example of a provision that could help accomplish this is a release of “any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights.” Broad release language can also be used to effectively preclude any claims arising prior to the date of the release. Payment Representations and Warranties A typical lien release has no representations or warranties about payment to subcontractors or material suppliers of a lower tier. But contractors can include language requiring the company receiving payment to represent and warrant that all subcontractors of a lower tier have been paid or will be paid within a certain timeframe using the funds provided and that these are material representations and inducements into providing payment. On a related note, if the contract requires subcontractors to provide lien releases from lower tier subcontractors in addition to their own release when seeking payment, contractors can require the sub-subcontractor releases to include representations that they have been paid by the subcontractor to try and tie up payment loose ends all around. Reprinted courtesy of Jason Lambert, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Lambert may be contacted at jason.lambert@nelsonmullins.com

    Court Addresses HOA Attempt to Restrict Short Term Rentals

    December 11, 2018 —
    In a recent case, the Texas Supreme Court addressed an attempt by a homeowners’ association (“HOA”) to restrict short-term rentals based upon recorded Covenants, Conditions, and Restrictions (“CC&Rs”) applicable to a residential subdivision. The property was a single-family home. The homeowner rented the home through websites such as VRBO. The HOA issued notices of violation; the homeowner kept renting; the HOA assessed fines against the property. The property owner then sought a declaration from the court that the CC&Rs did not impose a minimum duration on occupancy or leasing. The trial court agreed with the HOA. The Texas Court of Appeals also agreed with the HOA. The Texas Supreme Court reversed, holding that the CC&Rs, as properly interpreted, did not prohibit short-term rentals. In arriving at its holding, the Texas Supreme Court analyzed the CC&Rs in detail and came to an interpretation different than the trial court and the Court of Appeals. Read the court decision
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    Reprinted courtesy of Kevin J. Parker, Snell & Wilmer
    Mr. Parker may be contacted at kparker@swlaw.com

    Best Lawyers® Recognizes 49 White and Williams Attorneys

    September 16, 2024 —
    Thirty-eight White and Williams lawyers were recognized in Best Lawyers in America® 2025. Inclusion in Best Lawyers® is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers® employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services. In addition, eleven lawyers were recognized as Best Lawyers: Ones to Watch® in America. This recognition is given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States. The firm is also pleased to announce Best Lawyers® has recognized three attorneys as "Lawyer of the Year” including: Chuck Eppolito, Litigation - Health Care, Philadelphia, who focuses his practice on medical malpractice defense as well as other insurance-related defense; William D. Kennedy, Litigation – Insurance, Philadelphia, who focuses his practice on complex claims of injury and damage arising in both the professional and general liability contexts; and, Michael O. Kassak, Litigation – Insurance, Cherry Hill, who focuses his practice on large complex commercial matters including insurance coverage and healthcare disputes. Read the court decision
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    Reprinted courtesy of White and Williams LLP

    San Francisco Bucks U.S. Trend With Homeownership Gains

    September 24, 2014 —
    Homeownership climbed in a small number of U.S. metropolitan areas last year including San Francisco; Nashville, Tennessee; and Austin, Texas, where strong job growth helped them buck the national trend. Of 100 metropolitan areas, 17 had an increase in the “true” ownership rate, which measures the number of owner-occupied households per 100 adult residents, according to an analysis by Trulia Inc. of Census Bureau data. Even in those areas, advances were small. San Francisco had the biggest gain in 2013, rising about 0.6 percentage points from a year earlier, the property-information company said today. The Gary, Indiana, region, made up mostly of suburbs, had a similar increase. The homeownership rate has been falling in much of the U.S. as incomes stagnate and rising prices make housing less affordable and more difficult to finance for entry-level buyers. The regions where the rate is up include strong job markets such as San Francisco and Austin, and areas with stable prices such as Albany, New York, that were spared the brunt of the nationwide foreclosure crisis, Trulia said. Read the court decision
    Read the full story...
    Reprinted courtesy of Prashant Gopal, Bloomberg
    Mr. Gopal may be contacted at pgopal2@bloomberg.net

    Nevada Judge says Class Analysis Not Needed in Construction Defect Case

    October 22, 2014 —
    According to the National Law Journal, “The Nevada Supreme Court has ruled it neither arbitrary nor capricious for a trial judge to decline to perform a class-action analysis in a lawsuit filed by a homeowners’ association against a general contractor over alleged defects.” Justice Michael Douglas stated, as quoted by the National Law Journal, “The district court was not required to conduct that analysis at this point in the litigation because nothing in the record indicates that the association sought to proceed as a class action.” The general contractor argued that the construction defect law did “not apply because the development’s units were no longer new residences once they were rented as apartments.” However, the justices declared “that the association can pursue its lawsuit for construction defects in common elements owned by multiple units as long as one unit is a new residence.” Read the court decision
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    Reprinted courtesy of

    Bats, Water, Soil, and Bridges- an Engineer’s dream

    December 31, 2014 —
    Want to know how bats may affect your engineering plans? Want to hear about cool new bridges? Read on. Over the past month, I’ve had the pleasure of attending two events hosted by the North Carolina Chapter of the ACEC (American Council of Engineering Companies). The first of these was the Joint Transportation Conference, held in conjunction with the NC DOT. The second was the annual ACEC Engineering Excellence Awards. At both events, I learned interesting information that engineers should know. Today, I will discuss the Transportation Conference, including some new regulations and unusual design methods. I will save the highlights from the Excellence Awards for later this week. 1. It’s a cave, it’s a bat, it’s bats, man! Did you know that your future bridge project may be affected by the Northern Long-Eared Bat? It’s true. Right now, the federal government is considering listing the bat on the Endangered Species List, due to the 98-99% mortality rate the bats are experiencing due to “white nose syndrome”. Over 1,700 projects in North Carolina could be impacted, including work on bridges, culverts, abandoned buildings, and guardrails–essentially, any activity involving tree clearing, structure demolition/removal, or structure maintenance. On November 26th, 2014, the US Fish and Wildlife Service extended the comment period to discuss the implications of listing the bat on the endangered species list. If the bat is listed, there is no grandfathering of projects. All projects will immediately be required to engage in protective activities. Stay tuned, but be aware that your transportation projects could be affected starting sometime next year. Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    California Court of Appeal Adopts Horizontal Exhaustion Rule

    June 28, 2013 —
    In a long running suit regarding thousands of asbestos bodily injury claims brought against Kaiser Cement and Gypsum Corporation, the California appellate court held that the excess carrier's indemnity obligation did not attach until all collectible primary policies were exhausted. Kaiser Cement and Gypsum Corp. v. Ins. Co. of the State of Pennsylvania, 215 Cal. App.4th 210 (Cal. Ct. App. April 8, 2013). Kaiser manufactured a variety of asbestos-containing products from 1944 through the 1970's. Truck Insurance Company provided primary insurance to Kaiser from 1964 to 1983, through four CGL policies covering 19 annual policy periods. The policy in effect from 1974 to 1981 contained a $500,000 "per occurrence" liability limit. Kaiser was insured by three other primary carriers between 1947 and 1987. ICSOP issued a first layer excess policy to Kaiser from 1974 through 1976. Kaiser tendered numerous claims for bodily injury to Truck. By October 2004, Truck's indemnity payments exceeded $50 million and included at least 39 claims that resulted in payments in excess of $500,000. For claims alleging bodily injury in 1974, Kaiser selected Truck's 1974 policy to respond to each of the claims. Read the court decision
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    Reprinted courtesy of Tred Eyerly
    Tred Eyerly can be contacted at te@hawaiilawyer.com