CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Settlement Reached in California Animal Shelter Construction Defect Case

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
A construction defect case involving an animal shelter in Healdsburg, California has settled after two years of litigation, according to The Press Democrat. The $3.5 million, 7,500-square foot building had been “built largely with a behest from the estate of the late vintner Rodney Strong and his wife, Charlotte.” However, “shortly before the facility could be completed in late 2011, general contractor Syd Kelly went bankrupt. Unpaid sub-contractors filed liens for payment against the Healdsburg Animal Shelter, which in turn alleged construction and design defects in the building.” The Press Democrat reported that “[t]he most visible signs of problems were cracks in the cement foundation.” Robert Wilkie, the Healdsburg Animal Shelter board’s secretary-treasurer, stated that the shelter is “perfectly structurally viable and a rather attractive building” and that “the defects that make it not usable today can be mitigated in a variety of different ways.” Read the court decision
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Utility Contractor Held Responsible for Damaged Underground Electrical Line

October 11, 2017 — Brett M. Hill - Ahlers & Cressman, PLLC
The Washington State Court of Appeals recently addressed an excavation contractor’s responsibilities under the Underground Utilities Damage Prevention Act (UUDPA), RCW 19.122. That statute was enacted in 2011 and imposed certain statutory duties on parties involved with projects requiring excavation. In this case, Titan Earthworks, LLC contracted with the City of Federal Way to perform certain street improvements including installation of a new traffic signal. During the process of excavating for the traffic signal, Titan drilled into an energized underground Puget Sound Energy power line. PSE sought damages from Titan and Titan sued the City of Federal Way. Read the court decision
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Reprinted courtesy of Brett M. Hill, Ahlers & Cressman, PLLC
Mr. Hill may be contacted at bhill@ac-lawyers.com

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Las Vegas Student Housing Developer Will Name Replacement Contractor

February 15, 2018 — John Guzzon – ENR
More than four months after construction abruptly stopped on a $76-million student housing project for the University of Nevada at Las Vegas, the developer is seeking a new contractor. Read the court decision
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Reprinted courtesy of John Guzzon, Engineering News- Record
Mr. Guzzon may be contacted at ENRSouthWestEditor@enr.com

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2016 Updates to CEB’s Mechanics Liens and Retail Leasing Practice Books Now Available

November 10, 2016 — Garret Murai – California Construction Law Blog
For a number of years we have been honored to be asked by California’s Continuing Education of the Bar (“CEB”) to serve as update authors for several of their well-regarded construction and real estate practice books. Updates to two of those books were published in October and November:

• The 2016 Update to the CEB’s California Mechanics Liens and Related Construction Remedies was published in October. Covering both private and public works, the practice guide details the statutory payment remedies for unpaid work, including, mechanics liens, stop payment notices and construction bonds. Wendel Rosen served as update author for Chapters 2 and 3 which covers private works projects.
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

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Battle of “Other Insurance” Clauses

March 23, 2011 — Tred R. Eyerly


The New York Court of Appeals considered the impact of competing “other insurance” provisions located in both a CGL policy and a D&O policy. See Fieldston Property Owners Assoc., Inc. v. Hermitage Ins. Co., Inv., 2011 N.Y. LEXIS 254 (N.Y. Feb. 24, 2011).



In the underlying case, Fieldston’s officers were charged with making false statements and fraudulent claims with respect to a customer's right to access its property from adjacent streets. Suit was eventually filed against Fieldston and its officers, alleging several causes of action including injurious falsehood. Damages were sought.



Fieldston’s CGL policy was issued by Hermitage. The “other insurance” provision stated, “If other valid and collectible insurance is available to the insured for a loss we cover . . . our obligations are limited,” but also stated it would share with all other insurance as a primary policy.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Wichita Condo Association Files Construction Defect Lawsuit

November 20, 2013 — CDJ STAFF
Key Construction, the contractor of a downtown Wichita, Kansas mixed-use development has been sued by the condominium association of the development’s condo building. The WaterWalk Place Owners Association claims that the balconies on the building do not drain properly. Additionally, the suit claims that the building has water intrusion problems due to inappropriate or missing sealant at windows, doors, and expansion joints. Key Construction says that they are dealing with the problems and describe the suit as due to “a deadline pushing on” the residents. Wyatt Hock, the attorney for the residents, says that he hopes for a settlement. Read the court decision
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Broken Buildings: Legal Rights and Remedies in the Wake of a Collapse

October 11, 2021 — David J. Pfeffer - Construction Executive
A tragedy transpired on June 24 in Surfside, Florida, when the Champlain Towers South suddenly fell, becoming one of the country’s most deadly unintentional building collapses. It is imperative that construction industry professionals be aware of the legal issues that are raised by such ill-fated events. Who Is Held Responsible? Who can be held responsible for such disasters lies among several possible parties:
• The building’s design professionals, particularly its architects and structural engineers. They are charged with ensuring that the building’s design is safe. They must take many factors into account, including, but not limited to, the materials that are used, the foundation, the weight and the height.
• General contractors and the subcontractors. General contractors implement the design created by the architects and engineers and are responsible for appropriate materials. The general contractor also supervises the subcontractors aiding with multiple areas of the building’s construction and which also share the responsibility of executing the design and maintaining the building’s structural integrity.
Reprinted courtesy of David J. Pfeffer, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Pfeffer may be contacted at dpfeffer@tarterkrinsky.com

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GIS and BIM Integration Will Transform Infrastructure Design and Construction

October 09, 2018 — Nicolas Mangon - Engineering News-Record
An unfortunate fact of the architecture and engineering professions and the construction industry is that, between every stage of the process—from planning and design to construction and operations—critical data is lost. Read the court decision
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Reprinted courtesy of Nicolas Mangon, ENR
ENR may be contacted at ENR.com@bnpmedia.com

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