FORT MORGAN COLORADO CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Traub Lieberman Wins Affirmation of Judgment on Pleadings Before the Seventh Circuit

August 16, 2026 — Dana A. Rice & Adam P. Joffe - Traub Lieberman
Traub Lieberman Partners Dana Rice and Adam Joffe obtained affirmation of judgment from the Seventh Circuit Court of Appeals in favor of an Insurance Company. The Insurance Company filed suit seeking a declaration that it had no duty to defend or indemnify its Insured, a Roofing Contractor, in an underlying lawsuit. The Insurance Company issued a commercial general liability policy with a one-year policy term. The policy included an exclusion that barred coverage for any losses arising out of work the insured completed before the date the policy incepted. Reprinted courtesy of Dana A. Rice, Traub Lieberman and Adam P. Joffe, Traub Lieberman Mr. Rice may be contacted at drice@tlsslaw.com Mr. Joffe may be contacted at ajoffe@tlsslaw.com Read the full story...

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The Grenfell & Champlain Towers: Risk Management Considerations in the Wake of Catastrophic Loss — A UK/US Comparison

June 02, 2026 — Eric M. Clarkson - Saxe Doernberger & Vita, P.C.
1. Introduction As part of the multinational collaborative relationship between Saxe Doernberger & Vita, P.C. and Fenchurch Law, we continually find ourselves in conversations about the sometimes subtle but sometimes drastic differences between risk management and coverage considerations from one country to the next. These differences are often highlighted by the fallout from large catastrophic losses that are widely publicized and illuminate sometimes widespread risks and perils that many others may be facing in the coming years. The response of governments and their subdivisions to the needs of victims and/or commercial parties, and insurance markets’ evaluation of and reactions to catastrophic losses vary widely from country to country and jurisdiction. In this article, we discuss these responses and reactions in the cases of the Grenfell Tower Fire in London, England, and the Champlain Tower collapse in Surfside, Florida, within the United States. These two widely publicized losses involved different risk management and insurance considerations based on where they occurred. They also saw substantially different government responses and raised varied questions about what the next steps are for their respective commercial and insurance markets. Read the full story...
Reprinted courtesy of Eric M. Clarkson, Saxe Doernberger & Vita, P.C.
Mr. Clarkson may be contacted at EClarkson@sdvlaw.com

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Parking Garage Partially Collapses in Dearborn, Mich., Trapping One

March 31, 2026 — Annemarie Mannion - Engineering News-Record
A multi-level parking garage that partially collapsed in Dearborn, Mich., is fenced off and the city has started the legal process allowed under state law to demolish the privately-owned structure due to alleged dangerous conditions. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

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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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Congratulations to BWB&O’s Orange County Team for Securing a Strong MSJ Result in a Residential Gas Explosion Matter!

May 14, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Huge Congratulations to Partner Kevin Wheeler and Associate Lindsey Wells for securing a strong result on a Motion for Summary Judgment / Summary Adjudication filed on behalf of their client, the City of Murrieta. This was a complex, multi-party matter arising from a residential gas leak and explosion, where Plaintiffs alleged the City and MFPD failed to properly respond to the incident. After multiple complaints were consolidated and extensive defense work narrowed the case, eighteen plaintiffs remained asserting five causes of action against the City, prompting a comprehensive MSJ/MSA targeting liability, causation, and damages. The Court’s ruling reflects a significant win, particularly on the immunity framework. The Court eliminated the core negligence and assumed-duty claims arising from fire protection and emergency response activities. It further disposed of the misrepresentation and public nuisance claims. At the end of the day, three plaintiffs were dismissed entirely for failure to comply with Government Claims Act requirements, further reducing the scope of the case. While the dangerous condition claim remains, it does so in a very limited posture. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Builders Oppose Senate Housing Bill Over Investor Ban Provision

March 24, 2026 — Katy O'Donnell - Bloomberg
A powerful group representing the nation’s home builders is coming out against the most significant housing legislation in more than a decade over a provision negotiated by the White House that would restrict institutional investors from purchasing single-family homes. The builders’ objection could imperil the bill’s chances of becoming law, even as leaders of both parties are desperate to show they are doing something to alleviate voters’ cost-of-living concerns. The Senate voted 90-8 to clear a procedural hurdle for the bill on Wednesday, with a vote on final passage expected early next week. The inclusion of the investor ban in a broader housing bill was key to getting the White House on board, Senate Banking Committee Chairman Tim Scott, a Republican from South Carolina, told reporters Tuesday. Read the full story...
Reprinted courtesy of Katy O'Donnell, Bloomberg

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Mandatory Arbitration Isn’t All Bad, if. . .

July 13, 2026 — Christopher G. Hill - Construction Law Musings
In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in the camp of those that think that mandatory arbitration clauses of the type typically found in contracts can add a layer of expense that can be unnecessary. However, if an arbitration clause is carefully drafted, and properly used, these clauses an be helpful in assuring that the streamlining effect for which arbitration was created actually occurs. Because the contract is king in Virginia, these provisions can essentially create the rule of civil procedure used to resolve any dispute relating to the project. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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Turning Expert Services into Products

July 20, 2026 — Aarni Heiskanen - AEC Business
A Finnish engineering, architecture, and project consulting company, AINS Group, recently opened an online store to purchase fixed-price services. The store presents specialist work in a product-like format, with fixed service names, defined scopes, and visible prices, such as a building history report, a zoning plan cost analysis, and a technical preliminary survey for a property transaction. Is this productization a smart move or a sign that expert services are being commoditized? 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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