Cambridge Massachusetts Building Expert Directory

Mortar Insufficient to Insure Summary Judgment in Construction Defect Case

January 06, 2012 — CDJ STAFF

The US District Court of Nevada issued a summary judgment in the case of R&O Construction Company V. Rox Pro International Group, Ltd. on December 19, 2011. The case involved the installation of stone veneer at a Home Depot location (Home Depot was not involved in the case). R&O’s subcontractor, New Creation Masonry, purchased the stone veneer from Arizona Stone. Judge Larry Hicks noted that “the stone veneer failed and R&O was forced to make substantial structural repairs to the Home Depot store.”

Rox Pro asked the court for a summary judgment, which the court granted only in part. The court looked at two issues in the case, whether the installation instructions constituted a breach of implied warranty of merchantability, and whether there was a breach of an implied warranty of fitness for a particular purpose.

Judge Hicks found that there was a breach of implied warranty of merchantability. The instructions drafted by Real Stone and distributed by Arizona Stone were not sufficient for affixing the supplied stones, according to R&O’s expert, a claim the plaintiffs dispute. “Because there is an issue of material fact concerning the installation guidelines, the court shall deny Arizona Stone’s motion for a summary judgment on this issue.”

On the other hand, the judge did not find that the instructions had any bearing as to whether R&O bought the stone, since the stone was selected by the shopping center developer. This issue was, in the view of the judge, appropriately dismissed.

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Governor Signs Permit Extension Bill Extending Permit Deadlines to One Year

October 23, 2018 — Garret Murai - California Construction Law Blog
It’s like that feeling you got when your teacher said you have another week to complete your group project. On September 21, 2018, Governor Brown signed AB 2913, which, for the first time, provides a uniform 12-month period across the state for work to commence before a building permit expires. Previously, the period was six months. In addition to doubling the expiration period, the statute includes a “justifiable cause” provision permitting local building departments to extend the time for one or more additional periods of not more than 180 days per extension upon written demonstration of “justifiable cause for the extension.” 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

Meet the Forum's In-House Counsel: J. PAUL ALLEN

May 28, 2024 — Jessica Knox - The Dispute Resolver
Company: Fischer Homes Email: paul@jpaulallen.com Law School: Chase College of Law at Northern Kentucky University (JD 1992) States Where Company Operates/Does Business: Kentucky, Ohio, Indiana, Georgia, Missouri, Florida Q: Describe your background and the path you took to becoming in-house counsel. A: I started at a large Cincinnati firm straight out of law school. I moved in-house for a client of the firm after about 8 years and have remained in-house ever since. The in-house experience has been rewarding and varied over the last 24 years. I have worked for a Fortune 500, publicly traded steel company, a private equity led construction products company, and, finally, a family-owned residential homebuilder. I had the good fortune to be General Counsel at the last 2 in-house companies and was able to establish a legal department from scratch at Fischer Homes. As time went on and I gained experience, I stayed in-house because of the ability to work for a single client and have a greater impact on the business side of things. Read the court decision
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Reprinted courtesy of Jessica Knox, Stinson LLP
Ms. Knox may be contacted at jessica.knox@stinson.com

Home Prices in 20 U.S. Cities Rose at Faster Pace in January

April 01, 2015 — Nina Glinski – Bloomberg
(Bloomberg) -- Home prices in 20 U.S. cities appreciated at a faster pace in the year ended in January, indicating the residential real-estate market continues to firm. The S&P/Case-Shiller index of property values increased 4.6 percent from January 2014, the biggest gain since September, after rising 4.4 percent the prior month, a report from the group showed Tuesday in New York. That matched the median projection of 28 economists surveyed by Bloomberg. On a national scale, prices rose 4.5 percent from January 2014. A dearth of supply will continue to drive up home prices heading into the busy spring selling season as demand is spurred by rising rents. Builders like KB Home expect to post strong revenue in the warmer months ahead, based on early signs of strength, particularly among first-time buyers. Read the court decision
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Reprinted courtesy of Nina Glinski, Bloomberg
Ms. Glinski may be contacted at nglinski@bloomberg.net

Only Two Weeks Until BHA’s Texas MCLE Seminar in San Antonio

April 28, 2014 — Beverley BevenFlorez-CDJ STAFF
There are just two weeks remaining to sign up for Bert L. Howe & Associate’s inaugural Texas MCLE seminar, “THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION.” This activity will be presented on Friday, May 9th at noon in BHA’s San Antonio offices, located at 17806 IH 10, Suite 300, San Antonio, TX 78256. There is no cost for attendance at this seminar and lunch will be provided. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0.0 credit hours will apply to legal ethics/professional responsibility credit. The seminar will be presented by Don MacGregor, general contractor and project manager. Water intrusion through doors, windows and roofing systems, as well as soil and foundation-related movement, and the resultant damage associated therewith, are the triggering effects for the vast majority of homeowner complaints today and serve as the basis for most residential construction defect litigation. The graphic and animation-supported workshop/lecture activity will focus on the residential construction process from site preparation through occupancy, an examination of associated damages most often encountered when investigating construction defect claims, and the inter-relationships between the developer, general contractor, sub trades and design professionals. Typical plaintiff homeowner/HOA expert allegations will be examined in connection with those building components most frequently associated with construction defect and claims litigation. The workshop will examine: * Typical construction materials, and terminology associated with residential construction * The installation process and sequencing of major construction elements, including interrelationship with other building assemblies * The parties (subcontractors) typically associated with major construction assemblies and components * An analysis of exposure/allocation to responsible parties. Attendance at THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION seminar will provide the attendee with: * A greater understanding of the terms and conditions encountered when dealing with common construction defect issues * A greater understanding of contractual scopes of work encountered when reviewing construction contract documents * The ability to identify, both quickly and accurately, potentially responsible parties * An understanding of damages most often associated with construction defects, as well as a greater ability to identify conditions triggering coverage Course #: 901290467 / Sponsor #: 14152. To register for the event, please email Don MacGregor at dmac@berthowe.com. If you have any questions, please feel free to contact Don at (210) 540-9017 (office) or (714) 713-4956 (cell). Read the court decision
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ASBCA Validates New Type of Claim Related to Unfavorable CPARS Review [i]

May 03, 2017 — John P. Ahlers - Ahlers & Cressman PLLC
For government contractors, an unfavorable performance rating review posted to the Contractor Performance Assessment Reporting System (“CPARS”) can be extremely costly. Many of the government-negotiated solicitations include past performance as an important, and sometimes even primary, evaluation factor for contract award. An unfavorable CPARS review on a past contract can cause the contractor to incur substantial extra costs in addressing the unfavorable review with contracting officers on future solicitations, and, in some instances, the contractor saddled with an unfair or inaccurate CPARS may have to challenge the review and recover some of these costs. Both the Federal Court of Claims and the Armed Services Board of Contract Appeals (“ASBCA”) have held that they have jurisdiction to hear Contract Dispute Act claims regarding unfair and/or inaccurate CPARS review. The relief available to contractors until this year was a declaration from the Court of Claims or Board that an unfair or inaccurate CPARS review was arbitrary and capricious. Neither the Board nor the Court had the authority or power to order the contracting officer to change the unfavorable review. The contractor who received a declaration from the Court or the Board regarding an unfavorable CPARS review may use it in the future to explain the unfavorable review when bidding new government work; however, the unfavorable review remains in the CPARS system and shows up on all future solicitations, the Board or Court decision notwithstanding. Read the court decision
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Reprinted courtesy of John P. Ahlers, Ahlers & Cressman PLLC
Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

Court Addresses HOA Attempt to Restrict Short Term Rentals

December 11, 2018 — Kevin J. Parker - Snell & Wilmer Real Estate Litigation Blog
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

The Devil is in the Details: The Texas Construction Trust Fund Pitfalls Residential Remodelers (and General Contractors) Should Avoid

December 26, 2022 — Rochelle Cabe & Roni Most - Kahana Feld
A tale of Texas Construction Trust Account woe. You’re a contractor running a business doing interior remodels for clients in a major metropolitan Texas area. You sign up clients with a contract developed by our friends at LegalZoom and get your team to work. Three months into your remodeling project with Mr. and Mrs. “you thought they were happy” Clients, you get this letter: “Consistent with the requirements of §162.006 and §162.007 of the Texas Property Code, Mr. and Mrs. “you thought they were happy” Clients demand a full and complete accounting of all funds you have received from any source relating to this project.” What should you do? Should you ignore it? Should you respond? Fear sets in, you call your crew, and you stop the work. Mr. and Mrs. “you thought they were happy” Clients become Mr. and Mrs. “irate and angry” Clients and they sue you alleging breach of fiduciary duty, breach of contract, and perhaps fraud. Reprinted courtesy of Rochelle Cabe, Kahana Feld and Roni Most, Kahana Feld Ms. Cabe may be contacted at rcabe@kahanafeld.com Mr. Most may be contacted at rmost@kahanafeld.com Read the court decision
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CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES