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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


    HOA Coalition Statement on Construction-Defects Transparency Legislation

    Neither Designated Work Exclusion nor Pre-Existing Damage Exclusion Defeat Duty to Defend

    Courthouse Reporter Series: Nebraska Court of Appeals Vacates Arbitration Award for Misconduct

    Texas Mechanic’s Lien Law Update: New Law Brings a Little Relief for Subcontractors and a Lot of Relief for Design Professionals

    Failure to Timely File Suit in Federal Court for Flood Loss is Fatal

    ASCE Statement on Calls to Suspend the Federal Gas Tax

    Just When You Thought General Contractors Were Necessary Parties. . .

    NLRB Hits Unions with One-Two Punch the Week Before Labor Day

    California Contractors: Amended Section 7141.5 Provides Important License Renewal Safety Net

    Real Estate & Construction News Roundup (10/04/23) – NFL Star Gets into Real Estate, DOJ Focuses on “Buyer-Broker Commissions”, and the Auto Workers’ Strike Continues

    Google Advances Green Goal With AES Deal for Carbon-Free Power

    Texas Court Requires Insurer to Defend GC Despite Breach of Contract Exclusion

    Construction Law Alert: Concrete Supplier Botches Concrete Mix, Gets Thrashed By Court of Appeal for Trying to Blame Third Party

    California Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the State

    Tech to Help Contractors Avoid Litigation

    Illusory Insurance Coverage: Real or Unreal?

    How to Mitigate Lien Release Bond Premiums with Disappearing Lien Claimants

    To Bee or Not to Bee - CA Court Finds Denial of Coverage Based on Exclusion was Premature Where Facts had not been Judicially Determined

    Illinois Court Addresses Rip-And-Tear Coverage And Existence Of An “Occurrence” In Defective Product Suit

    Planes, Trains and Prevailing Wages. Ok, No Planes, But Trains and Prevailing Wages Yes

    What You Need to Know About “Ipso Facto” Clauses and Their Impact on Termination of a Contractor or Subcontractor in a Bankruptcy

    Foundation Arbitration Doesn’t Preclude Suing Over Cracks

    Insurance Litigation Roundup: “Post No Bills!”

    Don’t Put Yourself In The Position Of Defending Against An Accord And Satisfaction Defense

    New York City Construction: Boom Times Again?

    Taylor Morrison v. Terracon and the Homeowner Protection Act of 2007

    Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling

    2019 Promotions - New Partners at Haight

    San Francisco Law Firm Pillsbury Winthrop Shaw Pittman Hired New Partner

    Read Before You Sign: Claim Waivers in Project Documents

    Kansas City Airport Terminal Project Faces Delays, Rising Costs

    Fifth Circuit Concludes Government’s CAA Legal Claims are Time-Barred But Injunctive-Relief Claims are Not

    Suit Limitation Provision Upheld

    U.S. Supreme Court Oral Arguments: Maritime Charters and the Specter of a New Permitting Regime

    Wyncrest Commons: Commonly Used Progress Payments in Construction Contracts Do Not Render Them Installment Contracts

    Companies Move to Houston Area and Spur Home Building

    Understand and Define Key Substantive Contract Provisions

    Eight Things You Need to Know About the AAA’s New Construction Arbitration Rules

    ASCE Statement on Hurricane Milton and Environmental Threats

    Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds

    Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

    The Show Must Go On: Navigating Arbitration in the Wake of the COVID-19 Outbreak

    Client Alert: Service Via Tag Jurisdiction Insufficient to Subject Corporation to General Personal Jurisdiction

    Wage Theft Investigations and Citations in the Construction Industry

    Appeals Court Rules that CGL Policy Doesn’t Cover Subcontractors’ Faulty Work

    Does the Implied Warranty of Habitability Extend to Subsequent Purchasers? Depends on the State

    Beware of Design Pitfalls In Unfamiliar Territory

    Construction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or Engineer

    Deadline Nears for “Green Performance Bond” Implementation

    JPMorgan Blamed for ‘Zombie’ Properties in Miami Lawsuit
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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. Drawing 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

    Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey

    November 11, 2024 —
    Products liability is an area of law that both sides of the aisle vigorously litigate. Like in most litigation, products liability claims provide subrogation attorneys with an important means of prosecuting cases against manufacturers, sellers, and other entities in the stream of commerce. Of course, these claims also come with numerous “buyer beware” requirements. New Jersey allows products liability claims and the United States District Court for the District of New Jersey (District Court) clarified how such claims should be plead in Cambridge Mut. Fire Ins. Co. a/s/o David Krug vs. Stihl, Inc., No. 22-05893, 2024 U.S. Dist. LEXIS 178804 (D. N.J.). After becoming subrogated to the rights of its insured, Cambridge Mutual Fire Insurance Company (Cambridge) filed suit against Stihl, Inc. (Stihl) in the Superior Court of New Jersey, Morris County, Law Division. Stihl then removed the case to federal court. Once in federal court, Stihl filed a motion to dismiss the action. The District Court granted the motion, doing so in part with prejudice and in part without prejudice. Read the full story...
    Reprinted courtesy of Lian Skaf, White and Williams LLP
    Mr. Skaf may be contacted at skafl@whiteandwilliams.com

    GRSM Named Among 2025 “Best Law Firms” by Best Lawyers

    December 23, 2024 —
    Gordon Rees Scully Mansukhani has been recognized in the 2025 "Best Law Firms" survey published by Best Lawyers. To be eligible for a 2025 ranking, a law firm must have at least one lawyer recognized in the 2025 edition of the Best Lawyers in America in a "Best Law Firms" practice area and geographic jurisdiction. GRSM announced earlier this year that 166 lawyers were recognized in the 2025 edition of Best Lawyers in America®, while 74 lawyers were named to the 2025 edition of Best Lawyers: Ones to Watch. Explore the full list of GRSM recognized attorneys. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome. For details about Best Law Firms' methodology, please click here. The firm received National "Tier 1" rankings in the following areas:
    • Admiralty and Maritime Law
    • Commercial Litigation
    • Construction Law
    • Insurance Law
    • Litigation – Construction
    • Mass Tort Litigation / Class Actions – Defendants
    Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears

    September 23, 2024 —
    Scott Saylin has joined Payne & Fears LLP as a Law Clerk in the firm’s Employment Litigation Group and Insurance Litigation Group. Before his time at Payne & Fears, Scott served as a law clerk for Cascadia Healthcare in Boise, Idaho. “We are pleased to welcome Scott Saylin back to the firm. He was with us as a summer associate before completing his final year of law school at George Washington University,” said Amy Patton, the group’s co-chair. “Scott has fantastic potential to develop into an excellent litigator and will be an asset to our team.” Get to Know Scott What activities do you enjoy outside of work? Pickle ball, long walks, beach trips, cooking, watching the Lakers games, and playing the guitar & piano. Read the full story...
    Reprinted courtesy of Payne & Fears LLP

    What Every Project Participant Needs to Know About Delay Claims

    August 05, 2024 —
    A “delay” on a construction project is defined as the stretching out of the time for completion of certain key milestone scopes of work which can impact the completion date of an entire project, due to some circumstances or events that were not reasonably anticipated when the project began. 2 Construction Law ¶ 6.01 (Matthew Bender, 2024). While delays can be caused by any number of events, the most common are defective plans and specifications; design changes; severe weather and other, similar unforeseeable events; unforeseen or differing site conditions; unavailability of materials or labor; labor inefficiencies or stoppages; contractor negligence; and owner influences, including construction changes or outright interference by the owner or its agents. If the project schedule is not recovered following a delay, then the project schedule will likely be extended, resulting in an increase in the contractor’s costs of performance. A contractor that has experienced a delay on a project can take certain actions to pursue recovery of any damages the contractor may have incurred. However, to do so it is important to understand the different types of delays and the methods for establishing the delays. I. Types of Delays Delays may be categorized as (1) critical versus non-critical delays, (2) excusable versus non-excusable delays, and (3) compensable versus non-compensable delays. A critical delay is a delay that affects the project completion date and delays the entire project. In essence, a critical delay is one that will extend the critical path of a project. A non-critical delay is a delay that has no effect on the project’s critical path. Courts have recognized that delays to work not on the critical path will generally not delay the completion of a project. G.M. Shupe, Inc. v U.S., 5 Cl. Ct. 662, 728 (1984). Such a non-critical delay may affect the completion of certain activities, but does not affect the completion date of the entire project. In order for a delay to provide the basis for a claim for additional time or money, the delay must impact critical path activities on the project schedule. Read the full story...
    Reprinted courtesy of Andrew G. Vicknair, D'Arcy Vicknair, LLC
    Mr. Vicknair may be contacted at agv@darcyvicknair.com

    EEOC Focuses on Eliminating Harassment, Recruitment and Hiring Barriers in the Construction Industry

    September 09, 2024 —
    The Equal Employment Opportunity Commission (EEOC), whose mission is to enforce the nation’s anti-discrimination laws, released new guidelines on June 18, 2024, entitled Promising Practices for Preventing Harassment in the Construction Industry. The guidelines are in support of its Strategic Enforcement Plan for the fiscal years 2024-2028 for combatting systemic harassment and eliminating barriers in recruitment and hiring in the construction industry. With these guidelines, the EEOC has identified harassment as an ongoing issue in the construction industry, and that immediate attention and resolution is required. The EEOC specifically recommends that the following five core principles that it has found effective in preventing and addressing harassment be implemented by construction industry employers:
    1. Committed and engaged leadership;
    2. Consistent and demonstrated accountability;
    3. Strong and comprehensive harassment policies;
    4. Trusted and accessible complaint procedures; and
    5. Regular, interactive training tailored to the audience and the organization.
    Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C. and Stephen E. Irving, Peckar & Abramson, P.C. Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Mr. Irving may be contacted at sirving@pecklaw.com Read the full story...

    Congratulations to Partner Alex Giannetto for Being Named to San Diego Business Journal’s Top 100 Leaders in Law List

    December 03, 2024 —
    Congratulations to Partner Alexander Giannetto for being selected as a “2024 Leaders of Influence in Law” by the San Diego Business Journal! To read and download the SDBJ publication, please click here. Alex Giannetto is a managing partner with Bremer, Whyte, Brown & O’Meara LLP’s San Diego office. He has extensive experience in all aspects of civil litigation handling liability matters including slip and falls, catastrophic injuries, wrongful death, traumatic brain injuries, landslides, and construction claims. He has obtained favorable trial results defending clients on personal injury and premises matters in San Diego and Los Angeles. He also has appellate experience. He is an AV-rated attorney by Martindale-Hubbell who has been voted Best of the Bar in San Diego as well as a Top Lawyer in San Diego. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Real Estate & Construction News Roundup (10/1/24) – Hybrid Work Technologies, AI in Construction and the Market for Office Buildings

    November 05, 2024 —
    In our latest roundup, commercial mortgage bond market in trouble, commercial real estate investments, pressure on mortgage REITs, and more!
    • Short-term issues facing U.S. commercial real estate have made it an investment opportunity and values have bottomed out. (CNBC)
    • As organizations report plans to shake up their real estate portfolios, the flight to quality spurs interest in space planning, amenities and hybrid work technologies. (Joe Burns, Facilities Dive)
    • The conversation about AI’s potential benefits and risks has been a common refrain in construction recently. (Matthew Thibault, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    From ‘Cuckoo’s Egg’ to Today’s Cyber Threat Landscape

    September 02, 2024 —
    In 1990, I read an exciting book titled The Cuckoo’s Egg: Tracking a Spy Through the Maze of Computer Espionage. The author, astronomer Clifford Stoll, managed computers at Lawrence Berkeley National Laboratory (LBNL) in California. He was tasked with resolving an accounting error of 75 cents in the computer usage accounts. The tedious process eventually led him to disclose a German hacker who had gained access to U.S. military secrets through LBNL’s computers. He had been selling information to the KGB for years. Today’s threat landscape in construction The LBNL incident was one of the first—if not the first—documented cases of a computer break-in. Fast-forward to today and cyber-attacks are an everyday phenomenon that occurs more often in construction. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi