Kirby Arkansas Construction Expert Witness Directory

Wadsworth v. Regional Rail Partners — Verified Statements of Claim Under the Colorado Public Works Act

August 25, 2026 — Olivia Barden - Colorado Construction Litigation Blog
Editor’s Note: Wadsworth Revisited In August 2024, following the Colorado Court of Appeals’ decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, we published Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims. At the time, the decision warranted a significant warning to contractors and subcontractors performing public work in Colorado. The Court of Appeals concluded that Wadsworth’s verified statement of claim improperly included unliquidated delay damages and that, because the claim was excessive, Wadsworth forfeited its right to recover the amounts included in the claim. We cautioned contractors to carefully scrutinize verified statements of claim and to avoid including unliquidated damages or amounts that were not yet due and payable. The Colorado Supreme Court has now reversed that decision. Read the full story...
Reprinted courtesy of Olivia Barden, Higgins, Hopkins, McLain & Roswell, LLC

Texas Adopts New Procedural Rules for Summary Judgment Motions: What You Need To Know

July 13, 2026 — Conor G. Bateman & Marsha Cotton - Snell & Wilmer
On March 1, 2026, sweeping amendments to Texas Rule of Civil Procedure 166a took effect, fundamentally changing how Texas courts handle summary judgment motions — from filing and briefing through disposition. Whether representing a plaintiff or defendant, Texas litigants and attorneys must understand these new rules and their impact on case strategy and timelines. These procedural changes carry particular significance for construction litigants. Background: The Prior Rule Texas summary judgment practice has long diverged from the federal model. The Texas Rules of Civil Procedure recognize two types of summary judgment motions: (1) the traditional motion for summary judgment, and (2) the “no-evidence” motion for summary judgment. The no-evidence motion — unique to Texas — may be filed only after adequate time for discovery has passed. No bright-line rule governs that determination; it depends on the unique circumstances of each case. Reprinted courtesy of Conor G. Bateman, Snell & Wilmer and Marsha Cotton, Snell & Wilmer Mr. Bateman may be contacted at cbateman@swlaw.com Ms. Cotton may be contacted at mcotton@swlaw.com Read the full story...

Seattle’s Residential Zoning Transformation: What Property Owners, Buyers, and Investors Should Understand

May 14, 2026 — Lawrence S. Glosser - Ahlers Cressman & Sleight PLLC
Seattle is in the midst of a significant transformation in residential land use policy. Longstanding neighborhood zoning patterns that historically favored detached single-family development are being reexamined in response to housing supply pressures, affordability concerns, and evolving state mandates. For homeowners, purchasers, investors, and builders, these changes may create substantial new opportunities. They also create a heightened need for careful legal and practical due diligence. While zoning reform can expand potential uses of property, it does not eliminate the many other constraints that may still govern what can actually be built. Read the full story...
Reprinted courtesy of Lawrence S. Glosser, Ahlers Cressman & Sleight PLLC
Mr. Glosser may be contacted at larry.glosser@acslawyers.com

Jonathan Aihie Named to The National Bar Association’s “Top 40 Under 40” List

August 03, 2026 — Lewis Brisbois
Fort Lauderdale Partner Jonathan Aihie was recently named to The National Bar Association (NBA) “Top 40 Under 40” list. The NBA “Top 40 Under 40” recognizes the nation's top lawyers under the age of 40 who demonstrate professional excellence, leadership, and commitment to the community. Recipients represent a broad cross-section of the legal profession, including private practice, government, academia, the judiciary, corporate counsel, and public service. Read the full story...
Reprinted courtesy of Lewis Brisbois

Supply Chain Is a Legal Exposure—Not Just a Force Majeure Problem

September 08, 2026 — Owen Newman - Construction Executive
This is not another force majeure article. The supply-chain related legal exposure that contractors are carrying today—in sanctions risk, specification non-compliance, warranty exposure and regulatory volatility—extends well beyond what even a well-drafted force majeure clause protects. An engineering, procurement and construction contractor on a gas-fired power plant discovers during commissioning that transformer oil in a critical unit contains Russian-origin naphthenic base oil, which is a prohibited source under Office of Foreign Assets Control sanctions. The contractor didn’t source it. A subsupplier two tiers below made the substitution when disruptions in the Strait of Hormuz tightened the primary supply chain for this specialty product and no one in the purchase-order chain flagged it. The procurement decision is long done and the documentation trail that should have caught it doesn’t exist. Reprinted courtesy of Owen Newman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
Mr. Newman may be contacted at oknewman@duanemorris.com

Drilling Rig Topples at Citadel Miami Headquarters Site, Injuring Four

October 12, 2026 — Bryan Gottlieb - Engineering News-Record
An 85-ft drilling rig working at the site of Citadel's planned global headquarters in Miami toppled into Brickell Bay Drive Sept. 14, striking vehicles and a construction container, sending three workers and a motorist to hospitals. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

Credibility Matters…Even in Delay Claims

September 29, 2026 — David Adelstein - Florida Construction Legal Updates
Credibility matters. Here’s another example involving a delay claim on public private partnership delivery method. The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay claims that it contended were caused by Miami-Dade County. The hearing examiner awarded the developer delay time and compensation. On appeal, the County argued that the delays awarded by the hearing examiner were concurrent critical path delays with other delays caused by the developer’s team (the developer’s contractor). This was demonstrated by the fact that in an attempt to mitigate the County delay, the contractor’s incorporated a schedule fragnet into its schedule to mitigate delay that showed the critical path was driven by events deemed caused by the contractor. This was also reported in the contractor’s monthly updates. The developer argued that its mitigation plan did not work and, thus, the schedules showed a hypothetical delay caused by the contractor when, in actuality, it was the County-caused delay that drove the critical path. The hearing officer agreed with the contractor. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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...

KIRBY ARKANSAS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES