KIRK COLORADO CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Two Snell & Wilmer Attorneys Selected as 2026 San Diego Super Lawyers Rising Stars

May 14, 2026 — Snell & Wilmer
SAN DIEGO – Snell & Wilmer is pleased to announce that two attorneys in the San Diego office have been selected for inclusion in the 2026 San Diego Super Lawyers Rising Stars publication. Rising Stars is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. To be eligible for inclusion, a candidate must be either 40 years old or younger or in practice for 10 years or less. The selection process is multi-phased and includes independent research and peer nominations, with no more than 2.5 percent of the lawyers in the state named to the Rising Stars list. Read the full story...
Reprinted courtesy of Snell & Wilmer

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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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Labor Shortages in Construction: Managing Legal and Operational Risks

April 14, 2026 — Meghan Douris - Construction Executive
Labor shortages in the construction industry have become more than a scheduling headache—they are a legal and financial risk multiplier. As contractors scramble to meet deadlines with limited manpower, shortcuts in compliance, safety and subcontractor oversight become more likely. These gaps can expose companies to regulatory penalties, contractual disputes and reputational damage. Understanding how workforce constraints intersect with labor laws and contractual obligations is critical to mitigating the risks and navigating these challenges without compromising compliance or project integrity. The construction industry has faced persistent workforce challenges for years, but recent trends have intensified the problem. Factors such as an aging workforce, reduced immigration and post-pandemic recovery pressures have left contractors struggling to find skilled labor. According to Associated Builders and Contractors, the construction workforce shortage surpassed half a million workers in 2024; in the same year, Associated General Contractors reported 88% of construction companies had difficulty finding qualified workers. Reprinted courtesy of Meghan Douris, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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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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Building in Arizona’s Data Center Boom: How Federal Executive Orders, State Regulation, and National-Security Policy Are Reshaping the Rules for Developers

June 02, 2026 — Ryan J. Regula - Snell & Wilmer
Developers and practitioners evaluating data center projects in Arizona face a regulatory environment shifting on three fronts simultaneously. Federal executive orders are opening new land, streamlining permitting, and channeling financial incentives toward qualifying projects — but they are not preempting the state and local rules that most directly affect project economics. A carve-out in the December 2025 Artificial Intelligence (AI) Framework Executive Order preserves Arizona’s authority over data center infrastructure, meaning the Arizona Corporation Commission’s (ACC) rate-classification docket, municipal zoning restrictions, water-use ordinances, and pending grid cost-allocation legislation remain the binding constraints on project feasibility. Understanding where federal tailwinds end and state and local headwinds begin is essential for any developer sizing risk or selecting sites in the state. The Federal Landscape: An Interlocking Framework of Executive Orders Five interlocking executive orders are accelerating data center development nationally, but none overrides Arizona’s authority over siting energy, or infrastructure. Read the full story...
Reprinted courtesy of Ryan J. Regula, Snell & Wilmer
Mr. Regula may be contacted at rregula@swlaw.com

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Contractor Turns Former Sears Into Interim High School Following Palisades Wildfires

December 15, 2025 — Jamie Macartney - Construction Executive
On January 7, 2025, the unthinkable happened. Massive wildfires tore through areas of Los Angeles County, burning over 57 acres, leaving lives in shambles as beloved homes and businesses were gone instantly. An evident strain was the destruction the fires set on Palisades Charter High School—colloquially known as Pali High—which left approximately 2,500 students without a campus to go to. This resulted in a return to online learning, a setting too familiar as five years earlier, these students were ripped from their educational experience because of the COVID-19 pandemic. Building schools is in the DNA of C.W. Driver, so when the firm saw the damage to Pali High, the team rushed to create a temporary campus—Pali High South. Through a partnership with design firm Gensler, the former Sears retail building—a Santa Monica landmark—was transformed into a safe, fully equipped learning environment for 2,500 Pali High students just three months after the fires took place. Reprinted courtesy of Jamie Macartney, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Introducing the Updated 2026 Pillsbury Guide to Data Centers

June 08, 2026 — Gravel2Gavel Team - Gravel2Gavel Construction & Real Estate Law Blog
Since the initial publication of the Pillsbury Guide to Data Centers in 2025, the market has continued to evolve—most notably with respect to power availability, energy strategy, tax and incentives planning, and investment activity across the sector. While many of the legal, commercial and regulatory frameworks addressed in the original Guide remain durable and relevant, recent developments warranted targeted updates and additions. The 2026 edition expands and updates our energy-focused content to reflect the increasingly central role of power procurement, interconnection and long-term energy strategy in data center development. We have incorporated new materials addressing power purchase and interconnection agreements, solar and other renewable energy solutions, advanced reactor designs, and nuclear-powered data centers projects, including an updated project tracker. We have also added new analysis covering state and local tax considerations and incentive structures relevant to data center development and operations, as well as current M&A and private equity trends shaping investment in the sector. Read the full story...
Reprinted courtesy of Gravel2Gavel Team
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Retainage: What Contractors Need to Know and Helpful Strategies

Louisiana Enacts Important Tort Reform Legislation

War-Torn Ukraine Looks to Europe’s Green Plans for Reconstruction Ideas

U.S. Construction Value Flat at End of Summer

Carin Ramirez and David McLain recognized among the Best Lawyers in America© for 2021

Housing-Related Spending Makes Up Significant Portion of GDP

Congratulations to Partners Nico
The Importance of the Subcontractor Exception to the “Your Work” Exclusion

Alleging and Proving a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claim

Australians Back U.S. Renewables While Opportunities at Home Ebb

New Utah & Colorado Homebuilder Announced: Jack Fisher Homes

Good Indoor Air Quality Keeps Workers Healthy and Happy

Water Seepage, Ensuing Mold Damage Covered by Homeowner's Policy

Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain

Everyone’s Working From Home Due to the Coronavirus – Is There Insurance Coverage for a Data Breach?

Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects

Application of Ordinance and Law Coverage in Property Insurance Policy and Twenty-Five Percent Rule

Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits

Federal Public Works Construction Collection Remedies: The Miller Act Payment Bond Claim

Substitute Materials — What Are Your Duties? What Are Your Risks? (Law Note)

Additional Insured Not Covered Where Injury Does Not Arise Out Of Insured's Work

Don’t Put All Your Eggs in the Silent-Cyber Basket

Staying the Course, Texas Supreme Court Rejects Insurer’s Argument for Exception to Eight-Corners Rule in Determining Duty to Defend

Insurer Granted Summary Judgment, in Part, After Partial Payment of Claim

TLSS Partner Burks Smith and Associate Katie Keller Win Summary Judgment on Late Reported Water Seepage Case in South Florida

Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy

New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors

HUD Homeownership Push to Heed Lessons From Crisis, Castro Says

Vacant Property and the Right of Redemption in Pennsylvania

Endorsements Do Not Exclude Coverage for Wrongful Death Claim

Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

Landlord Duties of Repair and Covenant of Quiet Enjoyment

Construction Defects not Creating Problems for Bay Bridge

At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way

Is the Issuance of a City Use Permit Referable? Not When It Is an Administrative Act

U.S. Supreme Court Oral Arguments: Maritime Charters and the Specter of a New Permitting Regime

Chambers USA Recognizes Hunton’s Insurance Coverage Practice in 2025 Guide

Judicial Panel Denies Nationwide Consolidation of COVID-19 Business Interruption Cases

Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

Co-Founding Partner Jason Feld Named Finalist for CLM’s Outside Defense Counsel Professional of the Year

Reinsurer's Obligation to Provide Coverage Determined Under English Law

Structural Health Check-Ups Needed but Are Too Infrequent

California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the Summary Judgment Stage

California Court of Appeal Vacates $30M Non-Economic Damages Award Due to Failure to Properly Apportion Liability and Attorney Misconduct During Closing Argument

Bel Air Mansion Construction Draws Community Backlash

Couple Claims Contractor’s Work Is Defective and Incomplete

Benefit of the Coblentz Agreement and Consent Judgment

Deck Police - The New Mandate for HOA's Takes Safety to the Next Level

Is It Time to Digitize Safety?

When is a “Notice of Completion” on a California Private Works Construction Project Valid? Why Does It Matter for My Collection Rights?

Team Temporarily Stabilizes Delaware River Bridge Crack

No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

Anthony Garasi, Jared Christensen and August Hotchkin are Recognized as Nevada Legal Elite

Pennsylvania Considers Changes to Construction Code Review

Consultant Says It's Time to Overhaul Construction Defect Laws in Nevada

Professional Services Exclusion Bars Coverage After Carbon Monoxide Leak

Maria Latest Threat to Puerto Rico After $1 Billion Irma Hit