Cambridge Massachusetts Building Expert Directory

Judgment for Insured Upheld After Insurer Rejects Claim for Hurricane Damage

April 15, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Texas Court of Appeals affirmed a trial court's judgment as modified against Lloyds for improperly denying a claim for damage caused by Hurricane Ike. Nat'l Lloyds Ins. Co. v. Lewis, 2015 Tex. App. LEXIS 1573 (Tex. Ct. App. Feb. 19, 2015). Lewis sued Lloyds, alleging that, although her home and personal property were seriously damaged by Hurricane Ike, her claim was denied. At trial, Lloyds testified that the damage to Lewis' home had been previously caused by Hurricane Rita and Lloyds had already paid for repair of the roof. Nevertheless, Lewis had not used the payment for roof repairs. Lewis admitted that she used some of the payment after Hurricane Rita to purchase a generator and for evacuation expenses, but the majority of the payment was used for roof repairs. Lewis' expert engineer testified that the damage to Lewis' home was caused by wind and water intrusion through a hole caused by a tree limb that fell during Hurricane Ike. The expert further opined that the cost to mitigate the damage to the home and bring it up to livable standard was $156,155. Further, the home was a constructive total loss. 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

Barratt Said to Suspend Staff as Contract Probe Continues

February 02, 2017 — Jack Sidders - Bloomberg
Barratt Developments Plc suspended at least three more employees within its London business as part of an ongoing probe into potential misconduct in the awarding of contracts, according to two people familiar with the decision. Read the court decision
Read the full story...
Reprinted courtesy of Jack Sidders, Bloomberg
Mr. Sidders may be followed on Twitter @jacksidders

Hurricane Ian: Florida Expedites Road Work as Damage Comes Into Focus

October 10, 2022 — Derek Lacey - Engineering News-Record
Hurricane Ian’s devastation is coming into view days after the storm decimated southwest Florida. Work is underway to rebuild much of the state’s electrical, transportation and other infrastructure, with certain emergency road repairs expedited and restoration of power prioritized after the storm's devastation left millions in the dark and washed out roadways serving as the only access to barrier islands such as Sanibel Island and Pine Island. Reprinted courtesy of Derek Lacey, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

Slip and Fall Claim from Standing Water in Parking Garage

January 22, 2014 — Beverley BevenFlorez-CDJ STAFF
In Metairie, Louisiana, Paul Unkauf filed a lawsuit after he allegedly “slipped and fell on standing water in the parking garage,” located at Heritage Plaza, according to the Louisiana Record. The defendants, Stewart Development LLC, Stirling Properties LLC, Platinum Parking LLC and First Financial Company, are “accused of permitting standing water to dampen the pathway leading to the elevator bank, failing to dry the pathway, failing to warn of the hazard, failing to properly inspect the area in question, failing to provide a safe means of exit and entrance, being careless and negligent under the circumstances, failing to properly identify and correct defects in design and failing to properly supervise and train employees,” reports the Louisiana Record. Unkauf is seeking an “unspecified amount in damages” for “medical expenses, physical pain, loss of function, mental anguish, emotional distress, loss of enjoyment of life and permanent partial disability.” Read the court decision
Read the full story...
Reprinted courtesy of

Kansas Man Caught for Construction Scam in Virginia

December 20, 2012 — CDJ STAFF
A Virginia court sent charges of construction fraud against a Kansas man to a grand jury. Larry Foster visited homes in Bedford County, Virginia, tested the water, and told homeowners that they needed new water filtration systems. The homeowners paid, but Mr. Foster never delivered. One homeowner who testified paid him $1,690. Another paid even more, giving $3,090 to Mr. Foster. In order to dupe his victims, Foster used the address of a chiropractor as a business address, unbeknownst to the actual business there.. He is wanted for charges in other states as well. Read the court decision
Read the full story...
Reprinted courtesy of

Coverage for Faulty Workmanship Denied

June 29, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The court found there was no coverage for the insureds' alleged negligent failure to construct a building. Evanston Ins. Co. v. DCM Contracting, 2020 U.S. Dist. LEXIS 63977 (N.D. Ga. Feb. 28, 2020). Turning Point Church sued DCM Contracting for faulty workmanship on a construction project. Turning Point sent a demand letter to DCM on August 18, 2017 and filed suit in December. Evanston did not receive notice of Turning Point's claims and the lawsuit until May 15, 2018. Evanston filed suit for a declaratory judgment and moved for summary judgment. The court first considered the late notice. The policy required notice "as soon as practicable" DCM was also required to provide copies of demands, notices, or legal papers to Evanston. Here, DCM did not give notice to Evanston until nine months after receipt of Turning Point's demand. A phone communication with DCM's agent between August 2017 and May 2018 was insufficient. DCM provided no documents, including the summons and complaint, to the agent. DCM waited five months to forward the underlying lawsuit. This was a breach of the policy. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Toronto Skyscraper With $1.2 Billion of Debt Has Been Put in Receivership

November 16, 2023 — Ari Altstedter - Bloomberg
A landmark condominium project in one of Toronto’s ritziest neighborhoods has been put into receivership after construction delays and cost overruns. Construction of the 85-story tower will be taken over by a court-appointed receiver after its owners, developer Sam Mizrahi and investor Jenny Coco, defaulted on part of the project’s nearly C$1.7 billion in debt ($1.2 billion), according to a Wednesday order from the Ontario Superior Court of Justice. Two funds run by South Korea-based IGIS Asset Management Co. applied for the receivership. Another IGIS fund will extend at least another C$315 million to continue work on the project, court documents said. Read the court decision
Read the full story...
Reprinted courtesy of Ari Altstedter, Bloomberg

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
Read the full story...
Reprinted courtesy of Jessica Knox, Stinson LLP
Ms. Knox may be contacted at jessica.knox@stinson.com

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES