CAMBRIDGE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Rainwater Collecting on Rooftop is not Subject to Policy's Flood Sublimits

October 15, 2024 — Tred R. Eyerly - Insurance Law Hawaii
Responding to a certified question from the First Circuit, the Supreme Judicial Court of Massachusetts determined that rainwater collecting on the insureds' rooftop and causing interior damage was not "flood" as defined in the policy and subject to sublimits. Zurich Am. Ins. Co. v. Medical Properties Trust, Inc., 2024 Mass. LEXIS ___ (Mass. July 23, 2024). A severe thunderstorm caused heavy rain and strong winds which damaged a hospital. The hospital was owned by Medical Properties Trust, Inc. (MPT) and leased to Steward Health Care System LLC (Steward). Ground water accumulated and flooded the basement. Rainwater also accumulated on the hospital's parapet roofs and on the second-story courtyard, and eventually seeped through the parapet roofs and courtyard to the hospital's upper floors, causing damage to the building and property within. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Is the Construction Industry Actually a Technology Hotbed?

August 19, 2024 — Andrew Silver - Construction Executive
Technology has always been a driving force behind progress, and the construction industry is no exception. Over the years, technological advancements have revolutionized the way companies design, plan and build structures, leading to increased efficiency, safety and sustainability. From virtual-reality simulations to drones and 3D printing, technology has transformed every aspect of the construction process. However, the construction trades still lag behind other sectors in adoption of digital technologies. With a lack of skilled labor continuing to be an impediment to growth and profitability in the construction industry, technological developments could have significant implications for successful adopters. Already, the industry is seeing a huge difference in valuation between traditional engineering and construction firms and construction software companies. As labor shortages continue to hinder growth in the industry, consolidation is likely, as is the probability that companies with the greatest tech capabilities will be the most highly valued. There are several areas of technology that are of the greatest interest in the current marketplace. BIM Building information modeling with computer-aided design software now allows architects and engineers to create detailed and accurate 3D models of buildings and infrastructure projects, integrating data about every aspect of the building, from materials and costs to energy efficiency and maintenance schedules. These models not only help in visualizing the final product; they also enable better communication and collaboration among project stakeholders. Reprinted courtesy of Andrew Silver, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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ABC Announces Disaster Relief Efforts and Resources Following Hurricane Milton

October 15, 2024 — ABC - Construction Executive
HURRICANE RELIEF Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee were hit with Hurricane Helene, and now Florida is facing additional damage from Hurricane Milton, which is expected to make landfall on Wednesday, Oct. 9. Damages from Helene have already been catastrophic, and our hearts and prayers go out to all currently affected and those who may be in the path of Milton. Florida Gov. DeSantis has declared a state of emergency for 51 counties ahead of this impending storm. Donate to the ABC Cares Foundation via the online portal. The ABC Florida East Coast chapter and the ABC Cares Foundation Inc. are committed to assisting communities impacted by Hurricanes Helene and Milton. 100% of donations made to the ABC Cares Foundation—an IRS 501(c)(3)—for this purpose will be restricted, directly supporting regional needs, and are 100% tax deductible. Donate to the American Red Cross through ABC’s donation portal. Your Red Cross disaster relief gift will help people whose lives have been upended by wildfires, storms, floods and countless other crises. This custom website tracks donations by the ABC community and can be dedicated to a friend or loved one. Donate Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Recovering Time and Costs from Hurricane Helene: Force Majeure Solutions for Contractors

November 18, 2024 — Matthew DeVries - Best Practices Construction Law
When Hurricane Helene struck North Carolina, it caused severe disruptions to construction projects across the state. Baxter International’s North Cove facility in Marion, N.C., was completely shut down after floodwaters damaged the site and bridges leading to it. Elsewhere, landslides and floods wiped out large sections of Interstate 40, making transportation of materials and equipment nearly impossible. Many contractors in western North Carolina found their projects halted, and their schedules thrown off by this force majeure event. In situations like these, contractors and subcontractor need a plan to mitigate the impact of such natural disasters on their projects. Here are five practical tips to help you secure time extensions and/or compensation for delays: 1. Include a Robust Force Majeure Clause in Your Contract When disaster strikes, your contract is your first line of defense. A well-drafted force majeure clause can make the difference between bearing the costs yourself and getting an extension or compensation. The clause should clearly list specific events such as hurricanes, floods, and road closures as qualifying force majeure events. Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

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Seattle Developer Defaults on Renovated Office Buildings

December 23, 2024 — Anna Edgerton - Bloomberg
A major developer in downtown Seattle defaulted on a loan backed by two of its most prized office properties, including one that formerly housed a branch of the Federal Reserve Bank of San Francisco. Firms tied to Martin Selig Real Estate are in default on a more than $200 million loan, according to letters from lender Acore Capital dated Nov. 15 that were filed in Washington’s King County. The buildings would change ownership 30 days after that notice if no other action is taken, according to the letters. Read the full story...
Reprinted courtesy of Anna Edgerton, Bloomberg

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Untangling Unique Legal Issues in Modern Modular Construction

September 09, 2024 — Chad Theriot & Brad Sands - Construction Executive
Modular construction has grown significantly over the last few years and shows no signs of slowing down. This construction method is a departure from traditional approaches where all construction activity occurs onsite. Modular construction involves building standardized project components—usually in an offsite, controlled environment—which are then transported and assembled at the project site. Offsite construction generally allows for better quality control and economic efficiency, as it can utilize an assembly-line process. Modular fabrication can also centralize skilled labor in regions with lower labor costs. Establishing each party's expectations upfront is always important, but even more so in modular construction since much of the construction activity is performed away from the ultimate project site. This requires extensive coordination among designers, fabricators, installers and owners to ensure construction, testing and quality progresses accordingly. Every field change and design clash could have an exponential impact on the modular fabrication efficiencies given the assembly-line approach and remote nature of modular work. Reprinted courtesy of Chad Theriot & Brad Sands, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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With Wildfires at a Peak, “Firetech” Is Joining Smart City Lineups

October 21, 2024 — James P. Bobotek - Gravel2Gavel Construction & Real Estate Law Blog
The threat of extreme wildfires has doubled in the past 20 years, with almost 20,000 fires blazing across the United States in 2024 alone. These high-intensity fires can be deadly, expensive, and create lingering health and environmental consequences. While we are used to seeing firefighters on the frontlines, researchers hope that next-generation smart technology, augmented by artificial intelligence (AI), will also play a key role in battling these conflagrations. Many municipalities, particularly those near wildfire-prone forests, are beginning to incorporate fire-focused advances (or “firetech”) into their smart city ecosystems. “Smart cities” are urban centers enhanced by utilities, emergency services, traffic signals and more that are linked through information and communications technology. Though the concept can spark cybersecurity-related concerns, many locales are gradually implementing many different kinds of smart tech. Following the 2023 wildfire that devastated Maui, for example, Hawaii installed a network of cloud-based fire and wind sensors that use AI to detect wildfires in real time. Smart tools like these can aid in predicting and discovering
Coronavirus and Contract Obligations

Board of Directors Guidance When Addressing Emergency Circumstances Occasioned by the COVID-19 Pandemic

Default, Fraud, and VCPA (Oh My!)

Boston Water Main Break Floods Trench and Kills Two Workers

Senior Housing Surplus Seen as Boomers Spur Building Boom

Will The New U.S.-Mexico-Canada Trade Deal Calm Industry Jitters?

Anatomy of a Construction Dispute- An Alternative

Cybersecurity “Flash” Warning for Construction and Manufacturing Businesses

Massachusetts Dist
Negligence Per Se Claim Based Upon Failure to Pay Benefits Fails

TARP Funds Demolish Homes in Detroit to Lift Prices: Mortgages

Coping with Labor & Install Issues in Green Building

Chairman of the Senate Committee on Banking, Housing and Urban Affairs Calls for CFPB Investigation into Tenant Screening Businesses

Contractor Prevailing Against Subcontractor On Common Law Indemnity Claim

Ohio Supreme Court Rules That Wrongful Death Claims Are Subject to the Four-Year Statute of Repose for Medical Claims

When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage

Developer Transition - Maryland Condominiums

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

Remodel Gets Pricey for Town

Coronavirus, Force Majeure, and Delay and Time-Impact Claims

Pollution Created by Business Does Not Deprive Insured of Coverage

Mortgage Applications in U.S. Jump 11.6% as Refinancing Surges

Building Safety Month Just Around the Corner

Unlicensed Contractors Caught in a Sting Operation

Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasb
Owner Bankruptcy: What’s a Contractor to Do?

City Covered From Lawsuits Filed After Hurricane-Damaged Dwellings Demolished

Advice to Georgia Homeowners with Construction Defects

Out of Eastern Europe, a Window Into the Post-Pandemic Office

Recent Opinions Clarify Enforceability of Pay-if-Paid Provisions in Construction Contracts

Megaproject Savings Opportunities

Around the State

BP Is Not an Additional Insured Under Transocean's Policy

Benefits to Insureds Under Property Insurance Policy – Concurrent Cause Doctrine

ABC, Via Construction Industry Safety Coalition, Comments on Silica Rule

Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively

Celebrities Lose Case in Construction Defect Arbitration

Toll Brothers Shows how the Affluent Buyer is Driving Up Prices

Senior Living Facility Makes Construction Defect Claims

Best Lawyers Recognizes Twenty White and Williams Lawyers

Californians Swarm Few Listings Cuts to Affordable Homes

Colorado Court of Appeals Enforces Limitations of Liability In Pre-Homeowner Protection Act Contracts

Defense for Additional Insured Not Barred By Sole Negligence Provision

Protect Against Design Errors With Owners Protective Professional Indemnity Coverage

Meet the Forum's In-House Counsel: RACHEL CLANCY

After Pittsburgh Bridge Collapse, Fast-Rising Replacement Emerges

Coverage Denied for Condominium Managing Agent

Mortgage Battle Flares as U.K. Homebuying Loses Allure

Opoplan Introduces Generative AI Tools for Home-Building

Subsequent Purchaser Can Assert Claims for Construction Defects

Embattled SNC-Lavalin Files Ethics Appeal, Realigns Structure

New EPA Regulation for Phase I Environmental Site Assessments

Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act

GOP, States, Industry Challenge EPA Project Water Impact Rule

South Carolina School District Investigated by IRS and FBI

OSHA Finalizes PPE Fitting Requirement for Construction Workers

A “Flood” of Uncertainty; Massachusetts SJC Finds Policy Term Ambiguous

On the Ten Year Anniversary of the JOBS Act A Look-Back at the Development of Crowdfunding

Don’t Forget to Mediate the Small Stuff

Firm Offers Tips on Construction Defects in Colorado

Insureds' Summary Judgment Motion on Mold Limitation Denied

San Francisco Museum Nears $610 Million Fundraising Goal

Insurance Policy to Protect Hawaii's Coral Reefs

The Requirement to Post Collateral Under General Agreement of Indemnity Is Real

Is A Miller Act Payment Bond Surety Bound by A Default or Default Judgment Against Its Principal?

South Carolina “Your Work” Exclusion, “Get To” Costs

Norristown, PA to Stop Paying Repair Costs for Defect-Ridden Condo

City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

Is it time for a summer tune-up?

America’s Bridges and the Need for Bridge Infrastructure Investment

Recommendations and Drafting Considerations for Construction Contingency Clauses Part III

Privity Problems Continue for Additional Insureds in the Second Circuit

Hawaii Supreme Court Tackles "Other Insurance" Issues

Whose Employee is it Anyway?: Federal Court Finds No Coverage for Injured Subcontractor's Claim Based on Modified Employer's Liability Exclusion

French Government Fines National Architects' Group $1.6M Over Fee-Fixing