CHARLOTTE ARKANSAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

How to Properly Fill Out and Use the Conditional Waiver and Release on Final Payment Form Used in California Construction

December 30, 2025 — William L. Porter - Porter Law Group
This is the third article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Conditional Waiver and Release on Final Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend. At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterlaw.com) under the “Forms” section. It is free and you can fill it out on your screen before printing it out and signing it. Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

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“Number nine, Number nine…”: Newark Trial Team Obtains “No Cause” Verdict in Ninth Trial of Year

December 15, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (October 21, 2025) - Starting their ninth trial of the year – eight juries, one bench – the trial team of Newark Partner Afsha Noran and Managing Partner Colin P. Hackett recently obtained a “No Cause” verdict for a national owner, developer, builder, and operator of real estate. While the trial was relatively short, totaling four days and eight witnesses, the “No Cause” verdict was nonetheless gratifying for the client and the New Jersey trial team. As in any slip/trip/fall action, the plaintiff alleged the firm client failed to properly maintain their retail space, which led to the plaintiff slipping, falling and fracturing a femoral condyle bone. This resulted in the plaintiff undergoing surgery and being wheelchair bound for over three months, as well as needing home modifications consisting of an exterior home ramp and commode. The plaintiff’s expert opined that the plaintiff was, is, and will continue to be in pain for the rest of her life, and will require pain management treatment and a future knee replacement. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage

April 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025). The insured began renovating a vacant home in October 2018. He met with agent Joseph Hauk and explained the property was vacant and would be going through renovations for the next several months. Hauk then procured a policy through Shelter Insurance Company insuring the vacant property against several specified perils. The policy provided coverage for water damage if “[t]he exterior of the building sustained a covered loss” and “that loss created an opening through which the water entered.” Damage caused by escaping water from within a plumbing system was excluded if: (1) the damage was caused by a “continuous or repeated leakage over a period of fourteen days or more” or (2) the insured premises had been vacant for 30 consecutive days immediately preceding the loss. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

December 22, 2025 — Lewis Brisbois Newsroom
Fort Lauderdale, Fla. (October 29, 2025) - Fort Lauderdale Associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case. This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense. Read the full story...
Reprinted courtesy of Lewis Brisbois

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The Dominguez Case and Deed Fraud: Who Criminals Target and How to Protect Yourself Against Fraud

November 04, 2025 — Lauren P. Merdinger, Ryan D. Konsdorf, Jordin Pettit & Alison Tobin - Snell & Wilmer
Arizonans should be aware of a recent decision from the Arizona Supreme Court that increases consequences for unsuspecting victims of deed fraud. Deeds are official documents that memorialize the owner of real property. When real property is bought, inherited, or otherwise conveyed, the deed is transferred to the new owner, who formally records the document with the county in which the real property exists to signify a change in ownership. However, scammers can create fraudulent deeds by forging landowner’s signatures, purporting to transfer the real property without the rightful owner’s consent. The Arizona Supreme Court’s recent ruling in Dominguez will impact victims of deed fraud moving forward, as it holds that if certain conditions are met, a recorded fraudulent deed can strip landowners of their property rights.1 The Case In Estate of Magdalena Rios De Dominguez v. Renee Kay Dominguez, the Arizona Supreme Court was asked to address a family dispute over an unoccupied piece of real property in Maricopa County.2 In 1995, Magdalena and Isidro Dominguez acquired the property in question. After the couple divorced in 1998, their son Jose and his wife Renee recorded a deed in 2003 purporting to convey the property to themselves, and Jose and Renee began paying the taxes on the property from thereon. In 2020, Magdalena discovered the 2003 recorded deed and claiming it was forged, filed a “quiet title” suit asking the Court to declare her the rightful owner of the property. Reprinted courtesy of Lauren P. Merdinger, Snell & Wilmer, Ryan D. Konsdorf, Snell & Wilmer and Jordin Pettit, Snell & Wilmer Ms. Merdinger may be contacted at lmerdinger@swlaw.com Mr. Konsdorf may be contacted at rkonsdorf@swlaw.com Ms. Pettit may be contacted at jpettit@swlaw.com Read the full story...

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Midwest Team Secures Resolution of Matter for Homeowners’ Association Client, Recovery of Attorneys’ Fees

February 10, 2026 — Lewis Brisbois Newsroom
Kansas City/Wichita Partner Alan L. Rupe and Kansas City Associate Delaney McCoy recently achieved a victory on behalf of their client, a homeowners’ association that was sued after denying a solar panel application. The plaintiff homeowners challenged the association’s decision in court, and after extensive—and costly—litigation, the court ultimately determined that the dispute was not yet ripe for judicial review. With that threshold issue resolved, the parties were able to work collaboratively to address the solar panel matter itself. But one significant question remained: whether the association was entitled to recover its legal fees under the declaration, despite the American Rule, which generally requires each party to bear its own costs. The client felt understandably taken advantage of because this issue could—and should—have been resolved without litigation. Considerable time and resources were diverted from the community for the advantage of a single household, so the Lewis Brisbois team continued to advocate for the association’s contractual right to recover fees. After oral argument, the Court agreed, enforcing the fee‑shifting provisions in the governing documents and ruling in favor of the homeowners’ association. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Construction Seyt Named a Top Construction Blog by FeedSpot

March 31, 2026 — Seyfarth Shaw LLP - The Construction Seyt
Since 2019, we have strived to bring our readers practical, useful insights on recent trends shaping our industry. Whether you are a contractor, designer, developer, attorney, or industry professional, our goal is to equip you with the knowledge to navigate your business with that much more confidence. We are honored that “The Construction Seyt” has been named by FeedSpot as a “Best Construction Blog” to follow for 2026. Read the full story...
Reprinted courtesy of Seyfarth Shaw LLP

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Reducing Rework on Construction Projects Benefits Budget, Schedule and Financial Loss

February 10, 2026 — Brian Clarke - Construction Executive
The costs of not building it right the first time is statistically staggering—some research suggests up to 20% of the total project costs. This article highlights the costs of re-work, provides a financial worksheet to track the costs of re-work, and a trusted tool to help reduce the impact of re-work. Typically, when discussing rework, one thinks of the labor and material costs, but there are other costs associated with rework that are less easily quantified:

• Liquidated damages and related legal costs
• Potential for increasing safety incidents associated with rework
• Morale loss due to performing rework
• Loss of previously trained workers due to delays caused by rework
• Reputational loss and the inability to bid on future work
• Challenges of future work to be performed due to schedule delays on a current project

Reprinted courtesy of Brian Clarke, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Clarke may be contacted at brianclarke1121@aol.com Read the full story...

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