Red Level Alabama Construction Expert Witness Directory

Louisiana Enacts Important Tort Reform Legislation

May 12, 2026 — Lee M. Peacocke & Benjamin Perkins - Lewis Brisbois
The Louisiana legislature enacted tort reform legislation in 2025 to address the increasing cost of insurance in Louisiana and to provide some predictability to the Louisiana legal system. While our colleagues, Jenny Michel and Jennifer Kretschmann, have provided an excellent and comprehensive analysis of the legislation in their article entitled “Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill,” which can be found here, this article examines the anticipated impact of the tort reform legislation on personal injury trials in federal and state courts in Louisiana. The most significant reform involves the institution of a modified defense of contributory negligence, which went into effect on January 1, 2026. Since 1996, Louisiana had operated as a pure comparative fault state; the liability of each party whose fault caused damages was to be allocated among the respective parties based upon their appropriate percentage of fault, regardless of the legal theory of liability asserted against each party. Thus, a plaintiff 55 percent at fault could recover 45 percent of their damages from the liable defendants. The 2025 Tort Reform Amendments now prohibit a plaintiff in a personal injury action from recovering any damages if they are found to be 51 percent or more at fault for their damages. The 55 percent at-fault party in the example above is now prohibited from recovering any damages from any party. Importantly, this new legislation now requires the trial court to instruct the jury that if they find a plaintiff to be more than 50 percent at fault, then the plaintiff will not recover any damages. Reprinted courtesy of Lee M. Peacocke, Lewis Brisbois and Benjamin Perkins, Lewis Brisbois Mr. Peacocke may be contacted at Lee.Peacocke@lewisbrisbois.com Mr. Perkins may be contacted at Benjamin.Perkins@lewisbrisbois.com Read the full story...

Traub Lieberman Wins Affirmation of Judgment on Pleadings Before the Seventh Circuit

August 16, 2026 — Dana A. Rice & Adam P. Joffe - Traub Lieberman
Traub Lieberman Partners Dana Rice and Adam Joffe obtained affirmation of judgment from the Seventh Circuit Court of Appeals in favor of an Insurance Company. The Insurance Company filed suit seeking a declaration that it had no duty to defend or indemnify its Insured, a Roofing Contractor, in an underlying lawsuit. The Insurance Company issued a commercial general liability policy with a one-year policy term. The policy included an exclusion that barred coverage for any losses arising out of work the insured completed before the date the policy incepted. Reprinted courtesy of Dana A. Rice, Traub Lieberman and Adam P. Joffe, Traub Lieberman Mr. Rice may be contacted at drice@tlsslaw.com Mr. Joffe may be contacted at ajoffe@tlsslaw.com Read the full story...

Chambers USA Recognizes GRSM as 2026 Industry Leader

June 29, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani has once again been recognized by Chambers USA, a prestigious directory of the country’s top law firms. In addition to the firm’s practice recognitions, eight partners, David Capell, Nancy Erfle, Matthew Foy, Ashlee Grant, Craig Heryford, Andrew Port, Todd Regan, and Angela Richie, were recognized among the nation’s top lawyers in their respective fields. Chambers USA recognized the firm in the following eight categories: USA – Nationwide – Insurance: Dispute Resolution: Insurer, Band 4 The firm is widely sought after by national insurance sector clients facing a wide array of coverage disputes as well as bad faith claims. The firm has additional capabilities in class actions and appellate litigation. Its broad base of experience includes professional liability, construction, and bankruptcy-related issues. This is the third year the firm has received this recognition. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

11 Payne & Fears Attorneys Honored by Best Lawyers

August 24, 2026 — Payne & Fears
Congratulations to the 11 Payne & Fears attorneys included in the 2027 Edition of “Lawyer of the Year” and The Best Lawyers In America®. Attorneys have been recognized in the following practice areas: “Lawyer of the Year” (2027 Edition) Orange County

Benjamin A. Nix

Trade Secrets Law

The Best Lawyers in America® (2027 Edition) Irvine, CA

Jeffrey K. Brown

Employment Law – Management
Labor Law – Management
Litigation – Labor and Employment

Daniel F. Fears

Employment Law – Management
Labor Law – Management
Litigation – Labor and Employment

Daniel M. Livingston

Commercial Litigation
Litigation – Real Estate

Read the full story...
Reprinted courtesy of Payne & Fears

Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law

August 16, 2026 — David McLain - Colorado Construction Litigation Blog
For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is not much of a defense. But Colorado’s construction anti-indemnity statute, C.R.S. § 13-21-111.5(6), raises an interesting question about how that familiar rule operates in construction disputes. The statute expressly regulates contractual obligations not only to indemnify, but also to insure and defend, and it reflects a legislative policy that construction businesses should bear financial responsibility for their own negligence. Those principles have developed along separate tracks. At some point, a Colorado appellate court may have to decide precisely how they fit together. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

Course of Construction Exclusions and the CGL Policy

July 20, 2026 — Anna M. Perry, Rachel S. Kindseth & Nina Catanzaro - Saxe Doernberger & Vita, P.C.
I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC exclusions are not problematic because they are intended to prevent an overlap in coverage between the general liability policy and first-party property Builder’s Risk policy. However, because General Liability policies and Builder’s Risk policies provide coverage for different risks, COC exclusions can create a gap in coverage for owners and contractors. Therefore, any exclusion on a wrap-up or project specific policy that limits coverage for property damage liability should be scrutinized, and amendments sought when warranted and commercially achievable, for owners, developers and contractors because General Liability policies do not cover the same risk as that of a Builder’s Risk policy. General liability policies provide defense and indemnity to the insured(s) for claims made by a third-party against the insured. Broad COC exclusions serve to preclude coverage for all property damage, not just property damage to the insured project. This includes property damage to property other than the insured project, e.g. an adjacent property. On the other hand, Builder’s Risk policies provide first-party property coverage for direct physical loss to the project during the course of construction. The Builder’s Risk policy will not provide coverage for property other than the project itself (e.g., adjacent property) and it will not provide a defense or indemnity in the event the owner of the damaged property brings a claim against a potentially at-fault party. Reprinted courtesy of Anna M. Perry, Saxe Doernberger & Vita, P.C., Rachel S. Kindseth, Saxe Doernberger & Vita, P.C. and Nina Catanzaro, Saxe Doernberger & Vita, P.C. Ms. Perry may be contacted at APerry@sdvlaw.com Ms. Kindseth may be contacted at rkindseth@sdvlaw.com Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com Read the full story...

Real Estate & Construction News Roundup (8/12/26) – Data Center Momentum Increases, Multifamily Construction Projects Decline, CRE Returns as Top Investor Preference

September 01, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, office vacancies fall, fair housing advocacy groups sue HUD, foreign buyers reduce purchases of U.S. residential real estate, and more!

After a brief slowdown to begin the summer, data center construction planning momentum picked up in July, again shining as the brightest sector in building. (Zachary Phillips, Construction Dive)
The number of finished multifamily construction projects declined last year — welcome news for multifamily operators eager to work through the recent supply wave — and a record share of new apartments were high-density. (Julie Strupp, Multifamily Dive)
Fair housing advocacy groups sued the U.S. Department of Housing and Urban Development, claiming the agency’s funding restructuring drastically reduces their ability to receive funds from the Fair Housing Initiatives Program. (Ryan Kushner, Multifamily Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Leading Boutiques Combine to Form SDV Fenchurch, A Global Law Firm for Insurance Policyholders

September 15, 2026 — SDV Fenchurch
TRUMBULL, Conn., and LONDON, Sept. 1, 2026 — Saxe Doernberger & Vita, P.C. (SDV), Fenchurch Law, Wesolowski Abogados, and CLIR & Fenchurch and their partner members in Asia, Europe and North America combined today to launch SDV Fenchurch, a global law firm built exclusively to represent policyholders and the brokers who advise them. Structured as a Swiss verein, SDV Fenchurch unites dedicated insurance-recovery practices across eight jurisdictions in the United States, the United Kingdom, France, Spain, Denmark, Norway, Turkey, and Singapore. With over 90 lawyers devoted to insurance coverage matters, the firm is among the largest policyholder-side practices in the world and, by number of jurisdictions with full-time policyholder counsel capabilities, the most geographically extensive. The founders are brought together by a single shared mission: to act solely for policyholders, never the insurers, in insurance disputes. This is in stark contrast to most international firms with insurance practices, which mostly represent insurers only. Read the full story...
Reprinted courtesy of SDV Fenchurch

RED LEVEL ALABAMA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES