CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Daiwa House to Invest 150 Billion Yen in U.S. Rental Housing

March 07, 2014 — Kathleen Chu – Bloomberg
Daiwa House Industry Co. (1925), Japan’s biggest homebuilder by market value, plans to invest 150 billion yen ($1.48 billion) in U.S. rental housing, three times more than it had aimed to allocate to overseas investments, to boost revenue. Daiwa House will acquire and develop leasing properties in Texas and allocate the funds over the next three years, the Osaka-based company said in an e-mailed statement today. The homebuilder targets 50 billion yen of revenue in the U.S. by the year ending March 2019, it said. Japan’s shrinking population has prompted the country’s homebuilders such as Daiwa House to seek new revenue sources. Texas is the most that Daiwa House is investing overseas for rental housing and compares with the 50 billion yen the company had announced for investments abroad in its mid-term plan in November. Read the court decision
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Reprinted courtesy of Kathleen Chu, Bloomberg
Ms. Chu may be contacted at kchu2@bloomberg.net

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Green Buildings Could Lead to Liabilities

March 28, 2012 — CDJ STAFF

Attempts to build “green,” reducing energy costs and increasing the use of sustainable building materials, may lead to more lawsuits, according to a report issued by the British Columbia Construction Association. The report warned those who were going to build green look into the implications. The report looked at the result of green building practices and requirements adopted in the United States.



The report warns that “the use of novel, less harmful building material or new construction techniques may give rise to liability due to: contractor inexperience with installation; lack of long-term evaluation of green materials; lack of understanding of how new building materials may impact existing traditional building systems; or warranties provided unintentionally about the durability or effectiveness of unproven materials or techniques.”



Manley McLachlan, president of the BCAA noted that they are aware of “legal action around the performance of the buildings,” noting that while fast-growing trees help toward LEED certification, their wood is more prone to mold. He also felt that low-VOC paints needed more testing to prove their durability as exterior finishes.

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Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory

September 14, 2020 — Michael J. Ciamaichelo - The Subrogation Strategist
To establish a product liability claim in Arkansas, the plaintiff must prove that the product was supplied in a defective condition, which rendered it unreasonably dangerous and that the defective condition was the proximate cause of the claimed damage or injury. Ordinarily, a plaintiff relies upon direct evidence of a product defect to establish its product liability claim. However, in some cases, the product sustains so much damage that it is impossible for a plaintiff to obtain direct evidence of a defect. The malfunction theory allows a plaintiff in a product liability action to establish a defect through circumstantial evidence, when direct evidence of a defect no longer exists. In order to utilize the malfunction theory, a plaintiff must present evidence that an unspecified product defect was the most likely cause of the damage/accident and rule out all other possible causes of the damage/accident. In Am. Nat’l Prop. & Cas. Co. v. Broan-Nutone, No. 5:18-CV-5250, 2020 U.S. Dist. LEXIS 117116, the United States District Court for the Western District of Arkansas ruled that the plaintiff offered sufficient evidence under “the malfunction theory” to defeat a summary judgment motion in a product liability action involving a bathroom fan that was destroyed in a fire. Read the court decision
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Reprinted courtesy of Michael J. Ciamaichelo, White and Williams LLP
Mr. Ciamaichelo may be contacted at ciamaichelom@whiteandwilliams.com

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EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

July 18, 2018 — Hwan Kim – Construction & Infrastructure Law Blog
A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v. Changzhou SinoType Technology Co., Ltd., the California Court of Appeal held that parties may not contract around the formal service requirements of the Convention on the Service Abroad of Judicial and Extrajudicial Documents, commonly referred to as the Hague Service Convention. The decision could have profound implications for international business. Read the court decision
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Reprinted courtesy of Hwan Kim, Sheppard, Mullin, Richter & Hampton LLP
Mr. Kim may be contacted at hkim@sheppardmullin.com

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Avoid Five Common Fraudulent Schemes Used in Construction

December 02, 2019 — Ken Van Bree - Construction Executive
Here’s an attention-getting statistic: A typical case of fraud in the construction industry has a median loss of $227,000, according to the 2018 Report to the Nations issued by the Association of Certified Fraud Examiners (ACFE) on occupational or internal fraud. This report further showed that the construction industry’s median loss is approximately $119,000 higher than the average fraud losses across all industries. Construction companies are most at risk for fraud related to corruption (such as bribes and kickbacks), billing related schemes, expense reimbursements, check tampering and equipment or material theft. This brings up three important questions:

• What are the fraud schemes affecting your company?
• How can contractors keep their companies from experiencing these types of fraud?
• What is the profile of fraudster?

The threat of fraud can never be wholly removed; however, companies should take steps to identify likely fraud schemes they might face. Below are a number of schemes frequently used to defraud construction companies. Reprinted courtesy of Ken Van Bree, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Texas exclusions j(5) and j(6).

April 27, 2011 — CDCoverage.com

In Evanston Ins. Co. v. D&L Masonry of Lubbock, Inc., No. 07-10-00358-CV (Tex. Ct. App. April 18, 2011), insured masonry subcontractor D&L sued its CGL insurer Evanston to recover costs incurred by D&L for the replacement of window frames damaged by D&L while performing masonry work adjacent to the window frames. The trial court granted summary judgment for D&L.



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Opoplan Introduces Generative AI Tools for Home-Building

February 06, 2023 — Aarni Heiskanen - AEC Business
Opoplan introduces its suite of generative AI architectural tools for builders and real estate brokers. The initiative intends to bridge the technological gap in custom home planning and building. The tools introduced by the company also aim to reduce the overdependence on manual efforts and limited design options when it comes to lot analysis, design briefing, design planning, and many other pre-build tasks. Through its AI-powered tools, Opoplan assists builders and home designers in saving time, money, and energy and more successfully close contracts, managing plans, and delivering single-family homes. A series of tools for the home-building industry Opoplan is headquartered in Dublin, Ireland, with a new US office in Raleigh, North Carolina, and was established in 2019. They provide pre-build house planning and design tools for custom builders, real estate brokers, and house designers. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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California Complex Civil Litigation Superior Court Panels

December 31, 2014 — Richard H. Glucksman, Esq., Jon A. Turigliatto, Esq., and David A. Napper, Esq. – Chapman Glucksman Dean Roeb & Barger Bulletin
The Complex Civil Litigation Program is relatively new as it has only existed in California since 2000. Complex divisions dedicate courtrooms solely for litigation of complex civil cases that require exceptional judicial management including construction defects, antitrust, securities, toxic torts, mass torts, and class actions. Complex civil courtrooms help the trial court operate in a more efficient, expeditious, and effective manner. A complex court reduces costs for litigants by streamlining motion practice and expeditiously resolving discovery disputes. Not all counties have dedicated complex civil divisions. For those that do, each county has its own local rules, and some complex divisions have their own particular set of rules. The Judicial management of complex cases begins early, and is applied continuously and actively with the idea that final resolution be expedited as much as possible. In focusing on cooperation amongst the parties to achieve these goals, often requiring joint statements to the court and a prohibition on discovery motions until after the parties have formally metand- conferred on the issues. Moreover, complex cases are centralized and are assigned to one highly skilled Judge for all purposes. The first six California counties to create a Complex Civil division include Alameda, Contra Costa, Los Angeles, Orange, San Francisco, and Santa Clara. Riverside County Superior Court is the most recent California County to add a Complex division, effective January 2015. Riverside county Superior Court’s Complex department consists of ten civil judges, seven of which are in the main courthouse with Riverside. Riverside county expects to consolidate all complex civil litigation into one courtroom by January 2015. Riverside county Judge Sharon Waters state that "[i]t's been something that I personally have felt has been long overdue" and that "[t]he idea is that put it with one judge and let him or her develop the expertise." Judge Waters believes "[t]he potential value of establishing a complex litigation courtroom [is that] it allows the judge to focus on the cases full time."1 As of October 2014, Riverside county had about 450 to 500 pending cases designated as complex, over fifty percent (50%) of which involved construction defect matters. The sole Judge who will preside over the complex cases has not yet been named. 1 Jolly, Vik. "Riverside to Shift Complex Civil Cases to 1 Courtroom." Los Angeles Daily Journal (October 13, 2014) Reprinted courtesy of Chapman Glucksman Dean Roeb & Barger attorneys Richard H. Glucksman, Jon A. Turigliatto and David A. Napper Mr. Glucksman may be contacted at rglucksman@cgdrblaw.com; Mr. Turigliatto may be contacted at jturigliatto@cgdrblaw.com; and Mr. Napper may be contacted at dnapper@cgdrblaw.com Read the court decision
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