CAMBRIDGE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Hawaiian Electric Finalizes $2 Billion Maui Fire Settlement

November 18, 2024 — Mark Chediak - Bloomberg
Hawaiian Electric Industries formalized a $2 billion agreement to settle damage claims from a wildfire that razed the historic town of Lahaina and killed more than 100 people. The utility-owner had reached a tentative agreement in August in which it, along with other defendants including the state of Hawaii, Maui County and landowners, would pay $4 billion to resolve hundreds of lawsuits stemming from last year’s wildfire, according to a filing Tuesday. The settlements don’t resolve claims with insurers that are part of separate lawsuits. Read the full story...
Reprinted courtesy of Mark Chediak, Bloomberg

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Utilities’ Extreme Plan to Stop Wildfires: Shut Off the Power

October 28, 2024 — Mark Chediak - Bloomberg
A growing number of utilities are resorting to an extreme measure to prevent their equipment from sparking catastrophic wildfires: turning off the power. Electric companies serving about 24 million homes and businesses across the fire-prone US West now have plans to preemptively cut electricity during dangerous fire conditions, according to an analysis of data compiled by researchers at Stanford University. The proactive blackouts, however, run counter to the power companies’ main mission — which is to keep the lights on. And that’s angering customers and officials. Lawsuits — and the billions of dollars of damage claims that come with them — are an increasing concern among utilities, said Michael Wara, who leads the Climate and Energy Policy Program at Stanford University. Read the full story...
Reprinted courtesy of Mark Chediak, Bloomberg

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Extreme Rainfall Is Becoming More Frequent and Deadly

November 11, 2024 — Lou Del Bello - Bloomberg
Torrential rains that triggered floods and landslides have killed hundreds of people and displaced millions across parts of Africa, Europe, Asia and the US in recent months. The unprecedented deluges overwhelmed even communities accustomed to extreme weather and showed the limitations of the early-warning systems and emergency protocols established in many countries to avoid major loss of life. Climate scientists have warned that an accelerated water cycle is locked into the world’s climate system due to past and projected greenhouse gas emissions, and is now irreversible. The communities that tend to pay the highest price are often in poorer countries, where environments can be more fragile and governance more patchy, and there are fewer resources to bounce back after a disaster. Read the full story...
Reprinted courtesy of Lou Del Bello, Bloomberg

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In Appellate Division First, New York Appellate Team Successfully Invokes “Party Finality” Doctrine to Obtain Dismissal of Appeal for Commercial Guarantors

December 23, 2024 — Dean Pillarella - Lewis Brisbois
New York, N.Y. (November 20, 2024) - In Roc-Le Triomphe Associates, LLC v. DeSouza, 2024 NY Slip Op 05654 (1st Dep’t 2024), Associate Dean Pillarella, a member of the Appellate Practice, successfully invoked the party finality doctrine to obtain the dismissal of an appeal for the firm’s commercial guarantor clients. The action concerned rent allegedly due and owing under a commercial lease by the lease’s tenant and guarantors. Pursuant to a 2022 order, the guarantors were awarded summary judgment and dismissal of all claims against them, with the landlord’s claims against the tenant left intact. After the decision and order was served with notice of entry by the prevailing party, the landlord did not file a notice of appeal from the order but, instead, filed a notice of appeal from a later judgment months after the time to appeal the order had expired. Read the full story...
Reprinted courtesy of Dean Pillarella, Lewis Brisbois
Mr. Pillarella may be contacted at Dean.Pillarella@lewisbrisbois.com

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Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies

January 21, 2025 — Bill Wilson - Construction Law Zone
In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within the meaning of a commercial general liability policy (CGL). In Lessard, the homeowners filed suit against an insured homebuilder for construction defects in their home. After the homeowners won a jury verdict, the homebuilder’s insurer intervened and sought a declaratory judgment that it owed no duty to indemnify the homebuilder under its CGL policy. The superior court entered a declaratory judgment in favor of the insurer, and the homeowners appealed. Read the full story...
Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
Mr. Wilson may be contacted at wwilson@rc.com

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Traub Lieberman Partners Lisa Rolle, Erin O’Dea, and Nicole Verzillo Win Motion for Summary Judgment in Favor of Property Owner

September 30, 2024 — Lisa M. Rolle, Erin O’Dea, Nicole Verzillo - Traub Lieberman
Traub Lieberman Partners Lisa Rolle, Erin O’Dea, and Nicole Verzillo won motion for summary judgment in a premises liability matter brought before the Supreme Court of the State of New York, Westchester County. The Plaintiff allegedly tripped and fell in a pothole on the common driveway of five abutting properties and sustained an injury. The firm represented one of the multiple property owners. Traub Lieberman moved for summary judgment, asserting that the claims against the firm’s client should be dismissed as they did not own, operate, control or make special use of the driveway where the incident occurred. The firm also asserted that the alleged condition of the driveway that allegedly caused Plaintiff’s accident was a non-actionable, trivial defect. The firm also moved to dismiss the cross-claims asserted against them, contending that there was no evidence of negligence on behalf of the firm’s client. As such, the court found that the defect was a non-actionable, trivial defect. The firm secured dismissal of Plaintiff’s claims against the firm’s clients and against all moving and non-moving Defendants. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman, Erin O’Dea, Traub Lieberman and Nicole Verzillo, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Ms. O'Dea may be contacted at eodea@tlsslaw.com Ms. Verzillo may be contacted at nverzillo@tlsslaw.com Read the full story...

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Court Retained Jurisdiction to Enforce Settlement Under Code of Civil Procedure Section 664.6 Despite Dismissal of Complaint

October 21, 2024 — Garret Murai - California Construction Law Blog
Attorneys will commonly add a Code of Civil Procedure section 664.6 provision in their settlement agreements to ensure that courts have continuing jurisdiction to enforce the terms of a settlement, as opposed to having to file a new complaint in the event of a breach of a settlement agreement. Oral settlements before a trial court are also enforceable under Section 664.6, but as discussed in Eagle Fire and Water Restoration, Inc. v. City of Danuba, Case No. F086052 (May 30, 2024), in cases involving a complaint and multiple cross-complaints, questions can arise as to whether a trial court has in fact retained jurisdiction under Section 664.6 to enforce an oral settlement and even what the terms of the settlement were. The Eagle Fire Case Eagle Fire and Water Restoration, Inc. was hired by the City of Dinuba to reroof the City’s police station and courthouse building. The contract was for approximately $500,000. Before completion of the project, a rainstorm caused significant water damage to the interior of the building. The City incurred over $330,000 in clean-up and repair costs and withheld approximately $319,000 from Eagle as an offset. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Hurricane Mil
$24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation

Lien Release Bonds – Remove Liens, But Not All Liability

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

First Look at Long List of AEC Firms Receiving PPP Loans

Agreement Authorizing Party’s Own Engineer to Determine Substantial Compliance Found Binding on Adverse Party

New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”

Eng
Over 70 Lewis Brisbois Attorneys Recognized in 4th Edition of Best Lawyers: Ones to Watch in America

Hawaii Court Looks at Changes to Construction Defect Coverage after Changes in Law

Existence of “Duty” in Negligence
The Air in There: Offices, and Issues, That Seem to Make Us Stupid

Auburn Woods Homeowners Association v. State Farm General Insurance Company

Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

St. Mary & St. John Coptic Orthodox Church v. SBS Insurance Services, Inc.

Washington Supreme Court Expands Contractor Notice Obligations

Detroit Craftsmen Sift House Rubble in Quest for Treasured Wood

Jury Awards Aluminum Company 35 Million in Time Element Losses

Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time Specified

How to Get Your Bedroom Into the Met Museum

New Jersey’s Independent Contractor Rule

Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

Vacation during a Project? Time for your Construction Documents to Shine!

On-Site Supersensing and the Future of Construction Automation – Discussion with Aviad Almagor

Avoiding 'E-trouble' in Construction Litigation

Substituting Materials and Failure to Comply with Contractual Requirements

Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

Corporate Transparency Act’s Impact on Real Estate: Reporting Companies, Exemptions and Beneficial Ownership Reporting (webinar)

OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute

Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts

Mortgage Firms Face Foreclosure Ban Until 2022 Under CFPB Plan

Top 10 Take-Aways from the 2024 Fall Forum Meeting in Pittsburgh

Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

How the Pandemic Pushed the Construction Industry Five Years Into the Future

Georgia Local Government Drainage Liability: Nuisance and Trespass

Former Zurich Executive to Head Willis North America Construction Insurance Group

Coverage for Faulty Workmanship Found In South Dakota

Defense for Additional Insured Not Barred By Sole Negligence Provision

SIGAR Report Finds +$15 Billion in “Waste, Fraud and Abuse” in Afghanistan

Traub Lieberman Senior Trial Counsel Timothy McNamara Wins Affirmation of Summary Judgment Denial

Former Trump Atlantic City Casino Set for February Implosion

Gibbs Giden is Pleased to Announce Four New Partners and Two New Associates

Florida Law: Interplay of SIR and the Made-Whole Doctrine

French President Vows to Rebuild Fire-Collapsed Notre Dame Roof and Iconic Spire

Residential Construction: Shrinking Now, Growing Later?

Coverage Article - To Settle or Not To Settle?

Window Installer's Alleged Faulty Workmanship On Many Projects Constitutes Multiple Occurrences

New Becker & Poliakoff Attorney to Expand Morristown Construction Litigation Practice

Determining the Cause of the Loss from a Named Windstorm when there is Water Damage - New Jersey

ICE Said to Seek Mortgage Role Through Talks With Data Service

BP Is Not an Additional Insured Under Transocean's Policy

McDermott International and BP Team Arbitrate $535M LNG Site Dispute

From the Ground Up

Supreme Court of Wisconsin Applies Pro Rata Allocation Based on Policy Limits to Co-Insurance Dispute

Third Circuit Follows Pennsylvania Law - Damage Caused by Faulty Workmanship Does Not Arise from an Occurrence

The Business of Engineering: An Interview with Matthew Loos

Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor's Employee

Is It Time to Revisit Construction Defects in Kentucky?

The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax