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    Construction Expert Witness News and Information
    For Dover Delaware

    Insurance Agent Sued for Lapse in Coverage after House Collapses

    Recent Federal Court Decision Favors Class Action Defendants

    Miller Act Claim for Unsigned Change Orders

    Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default

    Improper Classification Under Davis Bacon Can Be Costly

    California Supreme Court Shifts Gears on “Reverse CEQA”

    Seventh Circuit Finds “Additional Insured” Requirements Met Where Non-Party Subcontractor Was Proximate Cause of Underlying Injuries

    Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts

    Another Guilty Plea In Nevada Construction Defect Fraud Case

    Nevada’s Home Building Industry can Breathe Easier: No Action on SB250 Leaves Current Attorney’s Fees Provision Intact

    Proposed Law Protecting Tenants Amended: AB 828 Updated

    District of Oregon Predicts Oregon’s Place in “Plain Meaning” Pollution Camp

    Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain

    The NAR asks FAA to Amend their Drone Rules for Real Estate Use

    Mortgage Bonds Stare Down End of Fed Easing as Gains Persist

    Delays in Filing Lead to Dismissal in Moisture Intrusion Lawsuit

    City of Aspen v. Burlingame Ranch II Condominium Owners Association: Clarifying the Application of the Colorado Governmental Immunity Act

    What to Expect From the New Self-Retracting Devices Standard

    Ways of Evaluating Property Damage Claims in Various Contexts

    Traub Lieberman Attorneys Recognized in the 2025 Edition of The Best Lawyers in America®

    Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

    Five Keys to Driving Digital Transformation in Engineering and Construction

    No Coverage for Tenant's Breach of Contract Claims

    National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in Colorado

    EPA Will Soon Issue the Latest Revision to the Risk Management Program (RMP) Chemical Release Rules

    Construction Case Alert: Appellate Court Confirms Engineer’s Duty to Defend Developer Arises Upon Tender of Indemnity Claim

    Awarding Insurer Summary Judgment Before Discovery Completed Reversed

    Brown and Caldwell Appoints Stigers as Design Chief Engineer

    Warning! Danger Ahead for Public Entities

    Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions

    Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

    Construction Defect Coverage Barred Under Business Risk Exclusion in Colorado

    AI – A Designer’s Assistant or a Replacement?

    Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?

    ICE Said to Seek Mortgage Role Through Talks With Data Service

    Lost in Translation: AEC Tech’s Missing Role

    "Over? Did You Say 'Over'?" Determining the Preclusive Effect of an Earlier Arbitration Award

    Noncumulation Clause Limits Coverage to One Occurrence

    BWB&O’s Motion for Summary Judgment is Granted in a Premises Liability Matter

    Real Estate & Construction News Roundup (06/06/23) – Housing Woes, EV Plants and the Debate over Public Financing

    Biden Unveils $2.3 Trillion American Jobs Plan

    Creating a Custom Home Feature in the Great Outdoors

    Real Estate & Construction News Roundup (4/1/26) – President Trump’s EO Affects Federal Funding, Fannie Mae Accepts Crypto-Backed Mortgages, Private Sector Construction Weakness Offsets Public Sector Gains

    Buyer Alleges Condo Full of Mold and Mice

    Hawaii Federal District Court Denies Title Insurer's Motion for Summary Judgment

    Admissibility of Expert Opinions in Insurance Bad Faith Trials

    South Caroline Holds Actual Cash Value Can Include Depreciation of Labor Costs

    Land Use Team Wins Appeal for Affordable Senior Housing Development in San Francisco

    Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition

    Sixth Circuit Rejects Claim for Reverse Bad Faith
    Corporate Profile

    DOVER DELAWARE CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately 5000 construction claims related expert witness designations, the Dover, Delaware Construction Expert Directory provides a wide spectrum of trial support and consulting services to developers, risk managers, and construction claims professionals concerned with construction defect, scheduling, and delay claims. BHA provides construction claims evaluation and expert support services to the industry's leading construction practice groups, Fortune 500 builders, insurers, owners, as well as a variety of public entities. Employing in house resources which comprise licensed architects, civil engineers, building envelope experts, general and specialty contractors focused on the evaluation of construction claims, the organization brings national experience and local capabilities to Dover and the surrounding areas.

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    Construction Expert Witness News & Info
    Dover, Delaware

    CEO: Power Isn’t the Only Electrical Challenge for AI Data Centers

    April 14, 2026 —
    Everyone knows that data centers are voracious consumers of electricity. In fact, the U.S. is currently scrambling to meet unprecedented levels of power demand not seen since the early days of electrification and the widespread adoption of air conditioning. Read the full story...
    Reprinted courtesy of Francesco "Frio" Iorio, Engineering News-Record
    ENR may be contacted at enr@enr.com

    Potential Gap in Workers Compensation Immunity Statutory Framework

    June 02, 2026 —
    Workers compensation insurance is important. As an owner, you want to ensure the contractors you hire have workers compensation insurance. Assuming you hire a contractor that is statutorily exempt from workers compensation, you want to make sure, no exception, that any subcontractor that is hired has workers compensation insurance. (Regardless, you always want subcontractors to have workers compensation insurance.). In construction, the prime contractor serves as the “statutory employer” for purposes of workers compensation insurance. With workers compensation comes workers compensation immunity. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Not Every Job Is Worth Winning: Contract Risk Questions Contractors Should Ask Before They Bid

    September 29, 2026 —
    Introduction Winning the work is not the same as winning the project, at least financially. Consider a contractor that commits to procure custom or long-lead materials before receiving complete construction documents. Depending on the language of the contract, if the final design is altered after those materials have been ordered, the contractor may be left responsible for replacement costs, procurement delays, or both. Alternatively, a subcontractor that accepts a pay-if-paid provision without investigating the owner’s financing, or prematurely waives lien rights, potentially risks nonpayment for properly performed work. Such concessions can quickly transform an apparently profitable project into a significant financial burden. A successful bid can therefore become an unsuccessful project if the contractor accepts contractual “red flags” without evaluating their consequences and the long-term financial impacts that they may have. The significance of each risk will depend on the project, the parties, the proposed contract, applicable law, and the contractor’s business objectives. Although not comprehensive, this article identifies several key considerations for that process to help mitigate certain risks. Read the full story...
    Reprinted courtesy of Jack Mayo, Jones Walker LLP
    Mr. Mayo may be contacted at jmayo@joneswalker.com

    GRSM Ranked Among Texas’ 50 Largest Law Firms by Texas Lawyer

    August 03, 2026 —
    Gordon Rees Scully Mansukhani has been recognized byTexas Lawyer in its 2026 Texas 100 ranking, earning the No. 49 spot among the state’s largest law firms by attorney headcount. The annual report spotlights the continued strength of Texas’ legal market, with firms across the state collectively increasing lawyer headcount by 2% in 2025. “Texas continues to be one of the country’s most thriving legal and business markets, and we are proud to be recognized among the state’s largest law firms,” said Laura De Santos, Regional Oversight Partner for Texas. “Our continued growth shows the confidence our clients place in us, the exceptional talent of our attorneys, and our commitment to delivering seamless, high-quality legal services throughout Texas and across our 50-state platform.” Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Ayushi Neogi Published in ADC Defense Comment on Arbitration in Evolving Plaintiff-Friendly Landscape

    May 12, 2026 —
    Gordon Rees Scully Mansukhani Senior Counsel Ayushi Neogi has authored an article in the Association of Defense Counsel of Northern California and Nevada’s Defense Comment magazine examining the shifting landscape of arbitration following the Ending Forced Arbitration Act. Titled “Compelling Arbitration in a Post-Ending Forced Arbitration Act, Plaintiff-Friendly Landscape,” the article analyzes how recent legislative changes are reshaping arbitration strategy, particularly as employees gain greater ability to bypass arbitration in certain claims. Neogi provides practical insight into how courts are responding and what this means for defense counsel navigating increasingly complex and plaintiff-friendly environments. Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Data Center Construction: Contractors Must Step Up

    May 26, 2026 —
    I attended the Datacenter Forum 2026 in Helsinki last week. Over 400 people packed the room. Walking out, I had one overriding thought: Is construction operating in a different century from the technology it is being asked to house? Is Our Industry on Par? Ciarán Forde, Senior Vice President at CTS Nordics, opened the forum with a statement that set the tone for everything that followed: data centers are no longer just a technical challenge; they are a national strategy. Before AI, Ciarán had worked in telecoms, where data centers were already complex. But now, he said flatly, everything has changed, and the industry must rethink everything. The numbers behind the claim are staggering. Current AI data center racks run at 40 to 100 kW. In three years, 800 kW per rack is on the roadmap. And the development cycle for a new chip is roughly one year, which means deployments begin aging out almost as soon as they are commissioned. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Massachusetts Settlement Targets Mortgage-Backed “Homeowner Benefit” Agreements

    April 08, 2026 —
    On March 11, Massachusetts Attorney General Andrea Joy Campbell announced a consent order with a real estate-related lender’s subsidiary, and affiliated individuals resolving allegations that the company violated the Massachusetts Consumer Protection Act by deceptively marketing mortgage-backed “Homeowner Benefit Agreements” to financially struggling homeowners. According to the complaint, the company offered homeowners relatively small upfront cash payments, typically less than $1,500, in exchange for a 40-year exclusive right to act as the listing broker if the homeowner later sold the property. The Attorney General alleged that the agreements also triggered substantial payment obligations upon other transfers, including death or foreclosure, and that the transactions were secured by recorded mortgages that could interfere with refinancing, home-equity access, or the ability to sell the home. The complaint further alleged that the company marketed the product to vulnerable consumers searching for loans or public benefits while obscuring the true nature of the transaction. Reprinted courtesy of A.J. S. Dhaliwal, Sheppard, Mehul N. Madia, Sheppard and Maxwell Earp-Thomas, Sheppard Mr. Dhaliwal may be contacted at adhaliwal@sheppard.com Mr. Madia may be contacted at mmadia@sheppard.com Mr. Earp-Thomas may be contacted at mearp-thomas@sheppard.com Read the full story...

    Insured’s Bad Faith Claim Survives Summary Judgment

    July 13, 2026 —
    The insurer’s motion for partial summary judgment to dispose of the insured’s bad faith claim was unsuccessful. Page v. State Farm Lloyds, 2026 U.S. Dist. LEXIS 102293 (E.D. Texas March 18, 2026). Plaintiff insured alleged that hail and a windstorm caused damage to his property. The damage was reported to the defendant insurer. A claims adjuster inspected the property. Defendant then paid plaintiff $24,493.06, which was the total of the estimated damage minus depreciation and the deductible. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com