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    Builders Association of Central Massachusetts Inc
    Local # 2280
    51 Pullman Street
    Worcester, MA 01606

    Cambridge Massachusetts Building Consultant 10/ 10

    Massachusetts Home Builders Association
    Local # 2200
    700 Congress St Suite 200
    Quincy, MA 02169

    Cambridge Massachusetts Building Consultant 10/ 10

    Builders Association of Greater Boston
    Local # 2220
    700 Congress St. Suite 202
    Quincy, MA 02169

    Cambridge Massachusetts Building Consultant 10/ 10

    North East Builders Assn of MA
    Local # 2255
    170 Main St Suite 205
    Tewksbury, MA 01876

    Cambridge Massachusetts Building Consultant 10/ 10

    Home Builders and Remodelers Association of Western Mass
    Local # 2270
    240 Cadwell Dr
    Springfield, MA 01104

    Cambridge Massachusetts Building Consultant 10/ 10

    Bristol-Norfolk Home Builders Association
    Local # 2211
    65 Neponset Ave Ste 3
    Foxboro, MA 02035

    Cambridge Massachusetts Building Consultant 10/ 10

    Home Builders & Remodelers Association of Cape Cod
    Local # 2230
    9 New Venture Dr #7
    South Dennis, MA 02660

    Cambridge Massachusetts Building Consultant 10/ 10


    Building Consultant News and Information
    For Cambridge Massachusetts


    New LG Headquarters Project Challenged because of Height

    Partner Lisa M. Rolle and Associate Vito John Marzano Obtain Dismissal of Third-Party Indemnification Claims

    Modified Plan Unveiled for Chicago's Sixth-Tallest Tower

    No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

    Hamptons Home Up for Foreclosure That May Set Record

    Colorado Mayors Should Not Sacrifice Homeowners to Lure Condo Developers

    A Murder in Honduras Reveals the Dark Side of Clean Energy

    Options When there is a Construction Lien on Your Property

    Traub Lieberman Partner Bradley T. Guldalian Wins Summary Judgment in Pinellas County Circuit Court

    Are You Satisfying WISHA Standards?

    Fee Simple!

    Wage Theft Investigations and Citations in the Construction Industry

    New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

    Delaware “occurrence” and exclusions j(5) and j(6)

    Washington State Safety Officials Cite Contractor After Worker's Fatal Fall

    Another Reminder that Your Construction Contract Language Matters

    Even Toilets Aren’t Safe as Hackers Target Home Devices

    Encinitas Office Obtains Complete Defense Verdict Including Attorney Fees and Costs After Ten Day Construction Arbitration

    Insured's Experts Excluded, But Insurer's Motion for Summary Judgment Denied

    Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly

    Carrier Has Duty to Defend Claim for Active Malfunction of Product

    The Road to Rio 2016: Zika, Super Bacteria, and Construction Delays. Sounds Like Everything is Going as Planned

    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    No Coverage for Foundation Collapse

    Bad Faith in the First Party Insurance Context

    Shutdowns? What A Covid-19-Safe Construction Site Looks Like

    South Carolina Couple Must Arbitrate Construction Defect Claim

    Just How Climate-Friendly Are Timber Buildings? It’s Complicated

    Hydrogen—A Key Element in the EU’s Green Planning

    Ritzy NYC Tower Developer Says Residents’ Lawsuit ‘Ill-Advised’

    The Impact of the Russia-Ukraine Conflict on the Insurance Industry, Part One: Coverage, Exposure, and Losses

    Cliffhanger: $451M Upgrade for Treacherous Stretch of Highway 1 in British Columbia

    Tarriffs, a Pandemic and War: Construction Contracts Must Withstand the Unforeseeable

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

    Confidence Among U.S. Homebuilders Little Changed in January

    Blueprint for Change: How the Construction Industry Should Respond to the FTC’s Ban on Noncompetes

    Continuing Breach Doctrine

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    End of an Era: Los Angeles County Superior Court Closes the Personal Injury Hub

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    Defective Panels Threatening Profit at China Solar Farms: Energy

    FEMA, Congress Eye Pre-Disaster Funding, Projects

    Nomos LLP Partner Garret Murai Recognized by Super Lawyers

    NJ Condo Construction Defect Case Dismissed over Statute of Limitations

    Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition

    While Construction Permits Slowly Rise, Construction Starts and Completions in California Are Stagnant

    The Simple Reason Millennials Aren't Moving Out Of Their Parents' Homes: They're Crushed By Debt

    What You Need to Know About Notices of Completion, Cessation and Non-Responsibility

    Barratt Said to Suspend Staff as Contract Probe Continues
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    CAMBRIDGE MASSACHUSETTS BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Cambridge, Massachusetts Building Consultant Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Cambridge's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Consultant News & Info
    Cambridge, Massachusetts

    Wildfire Risk Scores and Insurance Placement: What You Should Know

    July 15, 2024 —
    What Are Wildfire Risk Scores and How Are They Calculated? Wildfire risk scores are scores assigned to properties by third-party vendors based on the likelihood of direct or indirect exposure to a wildfire. Wildfire risk scores can be a factor used by insurance companies when making coverage decisions. Additionally, wildfire risk scores can be a helpful metric for real estate developers to consider when determining whether to buy a piece of property. There are a variety of vendors that use unique methods to calculate wildfire risk scores. For example, CoreLogic, FireLine, and RedZone are vendors used by insurance companies in California. Some vendors' scoring scales are from 1-10, and some are from 1-100, but generally the higher the score, the higher the likelihood of a wildfire impacting the property. There is no national, standardized scoring scale. Reprinted courtesy of Louis "Dutch" Schotemeyer, Newmeyer Dillion and Molly L. Okamura, Newmeyer Dillion Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com Ms. Okamura may be contacted at molly.okamura@ndlf.com Read the full story...

    Slow Down?

    December 03, 2024 —
    Absolutely not, said the Louisiana Fifth Circuit Court of Appeal to a masonry subcontractor being sued for allegedly improperly refusing to honor a subcontract bid. A general contractor preparing its overall bid for a public project in Jefferson Parish relied in the process on the defendant masonry subcontractor’s bid. After a public bid process and receiving the award of the project, the general contractor was informed by the subcontractor that it believed that the unit price form that had been supplied to the sub “contained inaccuracies.” Notwithstanding offers by the GC to endeavor to address the purported “inaccuracies” during the project, most likely by a change order, the subcontractor refused to execute its subcontract. The general contractor then awarded the masonry work to another subcontractor for $368,222 more than the original sub’s bid. The GC filed suit – for recovery of $368,222 – against the defendant subcontractor during the course of the public project. The defendant sub objected, arguing to the court that the lawsuit was “premature.” At the heart of the prematurity argument: the sub urging that the general contractor filed suit before its right to recover damages had accrued. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Nomos LLP Partner Garret Murai Recognized by Super Lawyers

    July 08, 2024 —
    Nomos LLP Partner Garret Murai has been recognized as a 2024 Northern California Super Lawyers honoree in the area of Construction Litigation. This is the eleventh consecutive year that he has been recognized by Super Lawyers. Super Lawyers, an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and personal achievement, is limited to no more than five percent (5%) of lawyers in a state who are selected through a multiphase process that includes a statewide survey of lawyers, independent research evaluation and peer reviews by practice area. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    North Carolina, Tennessee Prepare to Start Repairing Helene-damaged Interstates

    October 07, 2024 —
    Damage from Hurricane Helene to interstates between North Carolina and Tennessee includes washed-out roads and bridges, landslides and extensive flooding—creating a long list of repair work needed for state transportation agencies as they prepare to rebuilding critical highways across the Appalachian Mountains. Reprinted courtesy of Derek Lacey, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story...

    EPA Looks to Reduce Embodied Carbon in Materials With $160M in Grants

    August 19, 2024 —
    The U.S. Environmental Protection Agency estimates that construction materials used for buildings and built infrastructure account for more than 15% of global greenhouse gas emissions. The agency now hopes to boost adoption of materials with lower embodied emissions by offering $160 million in grants to better track and ultimately reduce climate pollution associated with those materials. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    Oracle Sues Procore, Claims Theft of Trade Secrets for ERP Integration

    November 25, 2024 —
    Oracle, Inc., has sued Procore in federal court in Northern California, accusing the construction management platform provider of stealing confidential information related to developing enterprise resource planning products for contractors. Read the full story...
    Reprinted courtesy of Jeff Yoders, ENR
    Mr. Yoders may be contacted at yodersj@enr.com

    “Bound by the Bond”

    September 02, 2024 —
    A New York trial court granted judgment in favor of a performance bond surety on a construction project, based upon the failure of the claiming party to abide by the terms of the bond. The “AIA Document A312” bond form – described by the court (quoting surety law authority) to be “one of the clearest, most definitive, and widely used type of traditional common law ‘performance bonds’ in private construction” – contains various procedures which must be honored as a “condition precedent to an action to recover” on the bond/against the surety. One of those prerequisites is a “declaration of default” concerning the contractor principal (here, a subcontractor). The case involved the construction of an 85-story skyscraper in midtown Manhattan, and the performance of the subcontract for the building’s superstructure. The bonded contract was at a value of approximately $25,000,000 and obligated the sub to provide a performance bond “in a form similar to the [A312 bond],” and which was otherwise satisfactory to the obligee/construction manager. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Hawaii Supreme Court Reaffirms an "Accident" Includes Reckless Conduct, Finds Green House Gases are Pollutants

    November 18, 2024 —
    Answering certified questions from the federal district court, the Hawaii Supreme Court reaffirmed its prior holding that reckless conduct is an "occurrence' or accident. The court further held that green house gas (GHG) emissions were pollutants under liability policies. Aloha Petroleum, Ltd. v. National Union Fire Ins. Co. of Pittsburg, PA., et al., 2024 Haw. LEXIS 179 (Haw. Oct. 7, 2024). [Disclosure - our office was co-counsel on an amicus brief in this case filed on behalf of the United Policyholders]. The City and County of Honolulu and the County of Maui sued several fossil fuel companies, including Aloha Petroleum, Ltd., for climate change-related harms. The suits alleged that the fossil fuel industry knew beginning in the 1960s that its products would cause catastrophic climate change. Rather than mitigate their emissions, defendants concealed their knowledge of climate change, promoted climate science denial, and increased their production of fossil fuels. Defendants' actions, the complaints alleged, increased carbon emissions, which caused significant damage to the counties. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com