Cantwell Alaska Construction Expert Witness Directory

Dispute Erupts Into Public Over Castro Theater Rehab Project Costs

September 08, 2026 — Richard Korman - Engineering News-Record
As it was about to start an arbitration of final payments on a complex theater renovation, the entertainment company that leases San Francisco's landmark Castro Theatre has filed a state court trademark violation lawsuit seeking to bar the contractor from publicizing as a success its work for the owner on that and other projects. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

Bid Today, Pay a Different Rate Tomorrow? California AB 1198 Changes Prevailing Wage Rules for Large Public Works Projects

November 09, 2026 — Heather Frisch & Brenda Radmacher - The Construction Seyt
Contractors and subcontractors bidding on California’s largest public works projects will soon face a new labor-cost risk: the wage rates they are required to pay may change after they submit their bids. California’s prevailing wage rules generally set the minimum pay for workers on public works projects based on the type of work and the project’s location. Under Assembly Bill 1198 (“AB 1198”), updated prevailing wage rates may apply during construction to public works contracts awarded or advertised for bid after July 1, 2027 if the awarded value of the prime contract is $35 million or more. On those projects, the wage rates that applied when the project was first advertised may not remain the same throughout the work. For contractors pursuing infrastructure projects that take several years to complete, this is not just a payroll issue. A change in required wage rates can affect the cost of work already priced in a bid. Contractors will need to consider that possibility when estimating labor costs, setting aside funds for unexpected costs, obtaining subcontractor prices, and negotiating contract terms that address price increases or changes to the work. Those terms can determine whether the contractor or the public agency awarding the contract bears the additional cost. Contractors will also need processes in place to track wage changes and their effect on project costs. Reprinted courtesy of Heather Frisch, Seyfarth and Brenda Radmacher, Seyfarth Ms. Frisch may be contacted at hfrisch@seyfarth.com Ms. Radmacher may be contacted at bradmacher@seyfarth.com Read the full story...

Insufficient Notice of Commencement and Construction Lien Rights

August 03, 2026 — David Adelstein - Florida Construction Legal Updates
When a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice to Owner company will typically rely on the Notice of Commencement to serve Notices to Owners from lower tiers not in contract with the owner. However, when it comes to preparing the lien, a lienor should look beyond just the Notice of Commencement and also look to the property appraiser’s website as a backstop. In a recent case, a window company had the homeowner sign the Notice of Commencement and then filled in the information. The company naturally did this for the convenience of the homeowner that probably was unfamiliar with the Notice of Commencement process. Regardless, information in the Notice of Commencement was inaccurate. It failed to include all the real property owners. Thus, when a payment dispute arose and a construction lien was prepared, it did not identify all of the real property owners. All of the real property owners were added later during the pendency of a lien foreclosure lawsuit. The trial court denied the lien because of the defective / insufficient Notice of Commencement — the lienor assumed the risk of error by filling out the information in the Notice of Commencement. The trial court further denied the lien holding that because the work did not commence within 90 days of the Notice of Commencement, the Notice of Commencement is void. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Nordics Are Europe’s Next Data Center Hub

October 05, 2026 — Aarni Heiskanen - AEC Business
On September 9, 2026, Google announced its largest single investment in Europe. The company commits at least €13 billion to Finnish data centers and energy infrastructure in 2027 and 2028, expanding the existing Hamina campus and adding three new sites in Kajaani, Muhos, and Vaala. For the construction sector, this is great news: thousands of hectares, dozens of buildings, and a construction program that will extend well beyond the two-year investment window. Four Sites, One Regional Cluster Google is not a newcomer in Finland. Back in 2009, it converted a former paper mill in Hamina into a seawater-cooled data center. It has invested around €4.5 billion there over 15 years, and the site’s waste heat already feeds Hamina’s district heating network. The new program shifts the center of gravity north, to the border of North Ostrobothnia and Kainuu. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Additional Insureds Obligated to Meet Self-Insured Retention

October 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court found that the additional insureds had to meet the policy’s self-insured retention before a duty to defend was triggered. Amerisure Ins. Co. v. Premier Design & Build Group, LLC, 2026 U.S. Dist. LEXXIS 170741 (N.D. Ill. July 31, 2026). Amerisure issued CGL and umbrella policies to Premier Design & Build Group, LLC. Amerisure had the right and duty to defend in certain suits for property damage under both policies. Premier contracted with MG East, LLC (MGE) to build three buildings. After the buildings were constructed, MG filed suit against Premier in state court, seeking recovery for allegedly defective installation of the roof, flashing, and gutters on each of the buildings. Premier had subcontracted with Tecta American Sough Florida, Inc. to install the flashing. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

White and Williams LLP Secures Trio of Cyber Coverage Wins

May 12, 2026 — Gabriel Darwick & Sean Elman - White and Williams LLP
Three weeks, three jurisdictions, three cyber wins. White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit. Reprinted courtesy of Gabriel Darwick, White and Williams LLP and Sean Elman, White and Williams LLP Mr. Darwick may be contacted at darwickg@whiteandwilliams.com Mr. Elman may be contacted at elmans@whiteandwilliams.com Read the full story...

Achieving Sustainability Through Design-Build Delivery: Part I – An Overview

September 21, 2026 — Joshua M. Pruett, Jennifer L. Harris & Tiffany A. Harrod - Peckar & Abramson, P.C.
This article was written for the AGC’s Law in Brief and first appeared here. Sustainability is no longer optional. What was once a matter of public policy or corporate preference has become a regulatory mandate and is reshaping how construction projects are designed, built, and operated. This mandate is not solely figurative. Rather, states have started to follow Europe’s lead by beginning to codify sustainability requirements into regulations and law. California led the charge by adding mandatory embodied-carbon emissions regulations into CALGreen, and other states, such as New York, have introduced bills to implement similar requirements. Owners, designers, and builders must now treat sustainability not as aspirational, but as a clearly defined contract issue from the outset, particularly where the project is expected to achieve a third-party rating, meet energy or resiliency targets, qualify for incentives, or comply with evolving green building codes. In the federal public sector, construction contracts include a layered compliance framework—executive order-inspired policy, FAR-mandated clauses, and enduring statutory requirements—requiring contractors to integrate sustainability into design, material selection, and lifecycle management. Staying ahead means aligning with regulatory standards, conducting life-cycle cost analyses, and embedding sustainability into every procurement and construction decision. Reprinted courtesy of Joshua M. Pruett, Peckar & Abramson, P.C., Jennifer L. Harris, Peckar & Abramson, P.C. and Tiffany A. Harrod, Peckar & Abramson, P.C. Mr. Pruett may be contacted at jpruett@pecklaw.com Ms. Harris may be contacted at jharris@pecklaw.com Ms. Harrod may be contacted at tharrod@pecklaw.com Read the full story...

Navigating Timelines and Technology: Patent Strategies for Space and Earth

June 01, 2026 — Kate Nuehring Su & Vanessa Wang - Engineering News-Record
More than half a century after the Apollo 11 landing fulfilled President John F. Kennedy’s bold vision, the global race back to the Moon is no longer theoretical. With renewed attention on NASA’s Artemis program and a surge of commercial investment in space infrastructure, lunar exploration is again shaping technology priorities here on Earth. Reprinted courtesy of Kate Nuehring Su, Engineering News-Record and Vanessa Wang, Engineering News-Record Read the full story...
ENR may be contacted at enr@enr.com

CANTWELL ALASKA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES