CROWN KING ARIZONA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Properly Taking Judicial Notice of Florida’s Building Code

October 12, 2026 — David Adelstein - Florida Construction Legal Updates
Many construction defects cases involve Florida’s Building Code. A recent non-construction case, BSREP II PBG Resort, LLC v Ginsburg, 2026 WL 265226 (Fla. 4th DCA 2026), discussed a court taking judicial notice of a provision in the Florida Building Code. This case was a premise liability case where the plaintiff tripped in an asphalt parking lot. The plaintiff, without complying with proper procedural notice protocol, asked the court to take judicial notice of a section of Florida’s Building Code, i.e., admitting this section as relevant evidence in the case. The trial court granted the request for judicial notice and the plaintiff used this as the basis of her cross-examination, the jury instructions, and closing argument that the violation of this section of Florida’s Building Code was evidence of negligence. This was in error. First, Florida’s Building Code is NOT a statute but an administrative rule. Ginsburg, supra. As an administrative rule, a court “may” but is not obligated to take judicial notice of the rule – it is a permissive judicial notice request per Florida Statute s. 90.203 and 90.202(9). This is important because the trial court viewed Florida’s Building Code as a statute it mandatorily had to take judicial notice of per Florida Statute s. 90.201, which was in error. Because it was permissive, the plaintiff needed to comply with statutory procedural notice protocols, which the plaintiff failed to do. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Newmeyer Dillion Ranked in Chambers Spotlight California 2026 Guide

May 26, 2026 — Newmeyer Dillion
NEWPORT BEACH, Calif. – May 14, 2026 - Prominent business and real estate law firm Newmeyer Dillion has been ranked in Chambers Spotlight California 2026 guide and recognized as a leading firm in Litigation: General Commercial for Orange County. Newmeyer Dillion was selected based on an independent and in-depth market analysis, coupled with an assessment of the firm’s experience, expertise and caliber of talent where the firm stood out for its exceptional work and is recognized in Litigation: General Commercial. Managing Partner Paul Tetzloff expressed the firm's gratitude: “It is an honor for our firm to be recognized by Chambers and Partners in their Spotlight California 2026 guide. This acknowledgment reflects our commitment to providing high quality legal services tailored to the unique needs of our clients.” Read the full story...
Reprinted courtesy of Newmeyer Dillion

---

Lawmakers Vote to Reauthorize Programs to Support Water Quality, Coastal Protection

April 20, 2026 — Pam McFarland - Engineering News-Record
The U.S. House of Representatives has passed a package of 14 bills that includes measures to reauthorize several U.S. Environmental Protection Agency programs to protect and restore critical water ecosystems, expand access to broadband, reduce regulatory requirements on airport projects and programs and lower costs of federal buildings. Read the full story...
Reprinted courtesy of Pam McFarland, Engineering News-Record
Ms. McFarland may be contacted at mcfarlandp@enr.com

---

Insured’s Failure to Determine Depreciation When Presenting Claim for Replacement Cost Value

August 16, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Third Circuit affirmed the district court’s granting of summary judgment to the insurer when the insured submitted replacement cost value of the loss but did not include a determination of depreciation. Kimmel v. Massachusetts Bay Ins. Co., 2026 U.S. App. LEXIS 16569 (3d Cir. June 9, 2026). A lightning strike downed a tree on the insured’s property, causing extensive damage to the home. The insured had a homeowner’s policy with Massachusetts Bay Insurance Company (MBIC). MBIC denied the claim, determining that much of the claimed damage already existed and that several policy exclusions otherwise barred coverage. The insured filed suit for breach of contract and bad faith. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Builders Risk/Construction All Risks and Delay in Start-Up Coverage for Large Energy Projects: Protecting Revenue Before Operations Begin

September 21, 2026 — Will Bennett - SDV Fenchurch
The Most Significant Loss May Be the Delay, Not the Damage Power and energy projects are uniquely vulnerable to losses during construction. Whether the project involves a utility-scale solar facility, battery storage installation, a wind farm, transmission project, LNG terminal, or conventional generation facility, loss events in this sector often have consequences far more impactful than the actual cost of repairing damaged property. Any number of construction losses can delay commercial operation of the facility by months, triggering lost revenues, financing impacts, contractual penalties, and investor concerns. In many cases, those delay-related losses significantly exceed the underlying repair costs. Construction All Risk (“CAR”) insurance and Delay in Start-Up (“DSU”) coverage are designed to respond to these exposures. However, recovering delay-related losses is far more complicated than many insureds anticipate, particularly when projects involve international stakeholders, global supply chains, and London market insurance placements. Read the full story...
Reprinted courtesy of Will Bennett, SDV Fenchurch
Mr. Bennett may be contacted at will.bennett@sdvfenchurch.us

---

Sometimes a General Damages Assessment is Enough. . .

July 06, 2026 — Christopher G. Hill - Construction Law Musings
It has been a while since I last posted here at Construction Law Musings. Life, law practice, and “blogger’s block” have taken their toll on the posting schedule. Hopefully this will be one of several upcoming posts now that the litigation schedule has lightened a bit over the summer. Today’s post is about damages. Specifically damage to a homeowner’s roof and her legal damages therefor. That last is of course a sentence that only a construction attorney (or other litigator) could possibly craft and have it make sense. Now, on with the case. . .In Hardesty Construction, Inc. v. Weedon, the facts are as follows: Ms. Weedon had hail damage to the roof of her home. She hired Hardesty Construction to repair and replace the roof. After the first roof was installed and failed inspection, a second roof was installed. The issue was that the first roof had a warranty and the second roof, installed similarly to the first (and allegedly with the same construction issues according to Ms. Weedon’s expert), was not provided with the promised warranty. As one may expect, Weedon sued Hardesty and Hardesty Construction for fraudulent inducement and breach of contract. At trial, Weedon testified, without objection, that her home was worth $40,000 less because of Hardesty Construction’s work, which was based partially on quotes Weedon received to fix the roof. The Circuit Court granted Hardesty Construction’s motion to strike Weedon’s fraudulent inducement claim, but not her other claims. A jury awarded Weedon $30,253.30 on her breach of contract claim. Hardesty Construction appealed, arguing the Circuit Court erred in (a) allowing the jury to consider Weedon’s valuation testimony because it was not based on her personal knowledge and (b) denying its motion to strike based on insufficient evidence as to damages. Weedon assigned cross-error in the Circuit Court’s decision to grant the motion to strike her fraudulent inducement claim against Samual Hardesty. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

---

How AI Turns Construction Documents Into Procurement Intelligence

May 05, 2026 — Aarni Heiskanen - AEC Business
MEP equipment accounts for up to 40% of costs on data center or hospital projects, has lead times ranging from 20 weeks to over a year, and has historically been the most underserved area in construction software. In this episode, I speak with Victor Muchiri from BuildVision about what it actually takes to make AI useful in construction procurement, not as a pilot, but in production. We dig into why you cannot simply upload a set of construction drawings to ChatGPT and trust the output. Construction documents are complex, cross-referenced, and consequential. Without deep domain context, such as manufacturer ontologies, equipment taxonomies, and engineering expertise, AI produces plausible results, not reliable ones. BuildVision’s approach is to act as a harness around AI models, wrapping them in construction-specific knowledge so the output can be trusted for real procurement decisions. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

---

Late Notice Bars Insured’s Claim for Water Leak Damage

August 11, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer’s motion for summary judgment dismissing the insured’s claim due to late notice. Global Approach, Inc. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 120183 (S. D. Fla. June 1, 2026). Global suffered water damage on September 3, 2021, which originated in the bathroom of one of its rental properties. Global reported the claim to its insurer, Scottsdale, on October 19, 2021. Prior to reporting the claim, Global hired a handyman to inspect the property and then demolished the damaged area and repaired the bathroom. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---