Cambridge Massachusetts Construction Expert Witness Directory

Port Authority Revises Plans for $10B Midtown NYC Bus Terminal Replacement

March 04, 2024 — Marigo Farr - Engineering News-Record
New York City's Midtown Manhattan bus terminal replacement project advanced last week after the Port Authority of New York and New Jersey released a draft environmental impact statement and a revised project plan based on feedback from commuters, residents and local officials. Reprinted courtesy of Marigo Farr, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...

NY Construction Safety Firm Falsely Certified Workers, Says Manhattan DA

March 25, 2024 — Johanna Knapschaefer - Engineering News-Record
A New York-based construction safety firm and 25 individuals were indicted Feb. 28 for allegedly operating a bogus safety training school, Manhattan District Attorney Alvin Bragg's office says. The firm, Valor Security & Investigations is also linked to “endangering the life” of Ivan Frias, who fell to his death from the 15th floor of a New York City construction site in 2022. Reprinted courtesy of Johanna Knapschaefer, Engineering News-Record Ms. Knapschaefer may be contacted at knapj@enr.com Read the full story...

Cooperating With Your Insurance Carrier: Is It a Must?

January 02, 2024 — Susana Arce - Saxe Doernberger & Vita, P.C.
A majority of insurance policies require the insured to cooperate with the insurer. The cooperation clause generally states, “the insured agrees to Cooperate with us in the investigation, settlement or defense of the suit.” The “cooperation clause” is often an afterthought because once litigation has ensued an insured is focused on other important considerations. However, insureds should not forget that complying with the cooperation clause can make the difference between the insurer covering or denying a claim. The Cooperation Clause in Action The Court in HDI Glob. Specialty SE v. PF Holdings, LLC,1 highlighted the importance of cooperating with an insurance carrier. In the underlying litigation, residents of an apartment complex sued four entities, all insured by the same insurance policy: two were named insureds and two were additional insureds. The primary insurer provided a defense for the named insureds. Read the full story...
Reprinted courtesy of Susana Arce, Saxe Doernberger & Vita, P.C.
Ms. Arce may be contacted at SArce@sdvlaw.com

Ruling Dealing with Constructive Changes, Constructive Suspension, and the Implied Covenant of Good Faith and Fair Dealing

January 22, 2024 — David Adelstein - Florida Construction Legal Updates
A dispute pending in the Armed Services Board of Contract Appeals (ASBCA) dealt with interesting legal issues on a motion to dismiss. See Appeals of McCarthy Hitt-Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (ASBCA 2023). The dispute involves a contractor passing through subcontractor claims due to impacts caused by the COVID-19 pandemic and the government’s response to the pandemic. More particularly, the claim centers on the premise that the government “failed to work with [the contractor] in good faith to develop a collaborative and cooperative approach to manage and mitigate the impacts and delays arising from the COVID-19 pandemic.” See Appeals of McCarthy Hitt. The contractor (again, submitting pass through claims from subcontractors) claimed: (a) constructive changes to the contract entitling it to an equitable adjustment under the Changes clause of Federal Acquisition Regulation (F.A.R.) 52.243-4; (b) construction suspensions of the contractor’s work entitling it to an equitable adjustment under the Suspensions of Work clause of F.A.R. 52-242-14; and (c) the government breached the implied covenant of good faith and fair dealing. Each of these legal issues and theories will be discussed below because they are need-to-know legal issues. Keep these legal issues in mind, and the ASBCA’s ruling on the motion to dismiss as its analysis may demonstrate fruitful in other applications. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

New Jersey Court Upholds Registration Requirement for Joint Ventures Bidding on Public Works Contracts

December 16, 2023 — Nicholas J. Zaita & Brian Glicos - Peckar & Abramson, P.C.
Introduction In a matter of “first impression,” on November 30, 2023, the Appellate Division affirmed the New Jersey Superior Court decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., finding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture formed for the sole purpose of bidding on a public works contract. Therefore, the Court held that the PWCRA requires any joint venture bidding on public works projects in New Jersey to be registered under the Act at the time of bid submission. Accordingly, the Township of Pennsauken acted within its authority and properly rejected the bid submission of the Ernest Bock & Sons-Dobco Joint Venture which was not registered under the Act in the name of the joint venture at the time of its bid submission, despite the individual members of the joint venture being registered. Reprinted courtesy of Nicholas J. Zaita, Peckar & Abramson, P.C. and Brian Glicos, Peckar & Abramson, P.C. Mr. Zaita may be contacted at nzaita@pecklaw.com Mr. Glicos may be contacted at bglicos@pecklaw.com Read the full story...

White and Williams Celebrates 125th Anniversary

March 04, 2024 — White and Williams LLP
White and Williams LLP, a global-reaching law firm headquartered in Philadelphia, PA, is celebrating its 125th Anniversary. Since its founding in 1899, the Firm has grown to two hundred lawyers with offices in Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, Rhode Island, and Pennsylvania. “We are proud to celebrate our 125th anniversary. We are grateful to all of our clients for the trust that they place in our firm to handle their important litigation and transactional matters. The partnership we enjoy with our clients is special and a source of great pride to all of us at White and Williams. We are deeply committed to the success of our clients' goals and objectives,” stated Tim Davis, Managing Partner. “We look forward to celebrating this historic milestone with our clients, attorneys, staff and alumni throughout 2024,” added Davis. Read the full story...
Reprinted courtesy of White and Williams LLP

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

November 16, 2023 — Jessica Knox - The Dispute Resolver
Company: Lobar, Inc. Email: rachel.clancy@lobar.com Website: www.lobar.com College: York College of Pennsylvania (Bachelor of Science in Marketing, 2001) Graduate School: Florida Institute of Technology (MBA in Acquisition and Contract Management, 2004) Law School: Penn State University, Dickinson School of Law (JD 2007) States Where Company Operates/Does Business: Headquarters are in Dillsburg, PA; construction projects located in Pennsylvania, Maryland, New York, and West Virginia Q: Describe your background and the path you took to becoming in-house counsel. A: Before law school, I spent three years as a Contract Specialist writing construction contracts for the Department of Defense, Naval Facilities Command in New Jersey. I had no idea I'd eventually find my way back to construction. After law school, I spent five years in the business department of a local law firm handling corporate formations, a variety of commercial contracts, and learning some real estate law. After another four years in-house with a data and marketing company in Harrisburg, I accepted my current position with Lobar, where I've been for the last seven years. Read the full story...
Reprinted courtesy of Jessica Knox, Stinson LLP
Ms. Knox may be contacted at jessica.knox@stinson.com

Court Finds Matching of Damaged Materials is Required by Policy

April 02, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The court granted, in part, the insured's motion for summary judgment by finding that matching roof tiles were required under the policy. Bertisen v. Travelers Home and Marine Ins. Co., 2024 U.S. Dist. LEXIS 3907 (D. Colo. Jan. 8, 2024). The insureds sued Travelers for breach of contract, common law bad faith, and unreasonable delay or denial of benefits. They alleged that their residence was damaged by a hailstorm and that Travelers breached their policy and acted in bad faith in the handling of the claim. The insureds demanded an appraisal to determine the "amount of loss" under the policy and an appraisal award was issued. Travelers then denied payment for all roof tiles that were contemplated by the appraisal award. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

CAMBRIDGE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES