COTTONWOOD CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Ownership and Licensing in Design Agreements

April 14, 2026 — Abby Dvorkin - Snell & Wilmer
The ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project. Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a). Read the full story...
Reprinted courtesy of Abby Dvorkin, Snell & Wilmer
Ms. Dvorkin may be contacted at advorkin@swlaw.com

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USDOT’s DBE Interim Final Rule: How It Affects Current and Out-to-Bid DOT and Airport Projects

June 15, 2026 — Zachary F. Jacobson - The Construction Seyt
In our April 16, 2026 post, we discussed the U.S. Department of Transportation’s Interim Final Rule (IFR) concerning Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) certification, specifically as it concerns transportation and airport projects in California. This post addresses a broader question: What does the IFR mean for current and out-to-bid DOT projects operating under pre-existing DBE goals? The answer is that the IFR did more than change who qualifies as a DBE. It also changed how federally funded transportation and airport projects must be handled during the re-evaluation period. This affects active contracts, pending procurements, airport projects, design-build teams, and anyone relying on old assumptions about DBE goals and counting of DBE and ACDBE credit. Read the full story...
Reprinted courtesy of Zachary F. Jacobson, Seyfarth Shaw LLP
Mr. Jacobson may be contacted at zjacobson@seyfarth.com

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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

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Endra Rethinks MEP Design with AI

July 06, 2026 — Aarni Heiskanen - AEC Business
Niklas Lindgren, co-founder and CEO of Endra, joins the AEC Business Podcast to discuss why his Stockholm-based startup is rebuilding MEP design from the ground up with AI. Endra recently raised $50 million in Series A funding and counts some of the world’s largest engineering consultancies as customers. Niklas explains why Revit’s underlying data model is too coarse to support deep automation, and why Endra built its own granular 3D data model instead of working as a plugin. He describes Endra’s “spatial AI” approach to routing conduit and ductwork without clashes, and how the platform models entire electrical systems, from receptacle to transformer, inside a single source of truth. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Structural Concerns Force Emergency Closure of Maryland Office Building

August 16, 2026 — Jim Parsons - Engineering News-Record
A 10-story Baltimore-area office building was evacuated after an underground parking structure was compromised during construction work. Read the full story...
Reprinted courtesy of Jim Parsons, Engineering News-Record
ENR may be contacted at enr@enr.com

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Georgia HB 676: A Bill Property Owners and Contractors Should Watch

March 24, 2026 — Robert Lafayette - The Construction Seyt
Property owners, contractors, and others dealing with mechanics and materialmen’s liens in Georgia should keep an eye on HB 676, which is currently making its way through the Georgia General Assembly. The bill aims to curb misuse of the lien process and provide additional remedies to those challenging a frivolous lien filing. What HB 676 Would Do HB 676 would add a new Code section (O.C.G.A. § 44-14-366.6) to the mechanics and materialmen’s lien statutes. If a lien is filed “without substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose,” this new Code section would impose a fine of $1,500 per lien on the lien claimant, in addition to any attorney’s fees or court costs incurred by the party challenging the lien. Read the full story...
Reprinted courtesy of Robert Lafayette, Seyfarth Shaw LLP
Mr. Lafayette may be contacted at rlafayette@seyfarth.com

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Insurer Dispenses with Bad Faith Claim on Summary Judgment

June 22, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court granted the insurer’s motion for partial summary judgment because the insured failed to present evidence that the insurer failed to conduct a reasonable investigation. PSY Burger, LLC v. State Farm General Insurance Company, 2026 U.S. Dist. LEXIS 66991(C.D. Cal. March 20, 2026). The insured’s commercial property suffered heavy damage from tropical storm Hilary. State Farm denied coverage to repair the damage. The insured sued State Farm alleging breach of contract and bad faith due to an inadequate investigation. Apparently, the insured did not retain an expert to opine on claims handling. 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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Andrew Gendron Authors D.C., Maryland Damages Compendium Articles for Defense Counsel Journal’s “Damages Compendium – East of the Mississippi”

August 24, 2026 — Lewis Brisbois
Baltimore Partner Andrew Gendron recently penned the District of Columbia (D.C.) and Maryland damages compendium articles for the Defense Counsel Journal’s “Damages Compendium – East of the Mississippi,” which appears in the publication’s June 2026 issue. Mr. Gendron’s articles discuss evolving standards governing various types of damages in commercial litigation across jurisdictions in D.C. and Maryland. In the compendium articles, Mr. Gendron describes the circumstances under which parties may recover various types of damages, citing to the relevant portions of the D.C. Code and Annotated Code of Maryland, as well as to applicable case law. Specifically, he discusses compensatory, consequential, incidental, punitive, liquidated, reliance, and unjust enrichment damages. In doing so, Mr. Gendron details the types of cases in which parties may recover these damages and under what circumstances. Read the full story...
Reprinted courtesy of Lewis Brisbois

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