INDIAN RIVER COUNTY FLORIDA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Kahana Feld Obtains Favorable Result in High-Exposure NY Premises Liability Case

June 15, 2026 — Leigh Katz - Kahana Feld
Kahana Feld partner Leigh Katz obtained a significant victory in a recent matter involving a videotaped alleged trip and fall on the sidewalk in front of the client’s commercial residence. The plaintiff claimed he suffered a knee injury that necessitated surgery, along with other assorted injuries that prevented him from continuing high-level athletic activities. Leigh was able to demonstrate that the fall was staged and received a voluntary discontinuance with prejudice. At mediation, Leigh emphasized that KF’s expert witness challenged the plaintiff’s claim that the fall was caused by a sidewalk height differential after reviewing the videotape footage and determining the plaintiff’s fall began before his feet made contact with the alleged defect. Based on this analysis, the expert concluded the reported height differential did not initiate the fall, which supported KF’s position that the incident depicted in the video was unrealistic and appeared staged. Read the full story...
Reprinted courtesy of Leigh Katz, Kahana Feld
Ms. Katz may be contacted at lkatz@kahanafeld.com

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Colorado’s New Mechanics’ Lien Protections: What S.B. 26-074 Means for Your Next Project

October 27, 2026 — Maria Conversa - Snell & Wilmer
Starting August 12, 2026, Colorado’s mechanics’ lien statute underwent its most significant update in years. Colorado’s General Assembly enacted Senate Bill 26-074 on April 6, 2026, and the new law directly addressed a problem that has plagued contractors and subcontractors for decades. For years, a contractor and subcontractor who filed a lien for the full amount it believed was due — particularly when that amount included disputed costs, delay damages, or lost productivity — risked triggering the “excessive lien” penalty. That penalty could force the claimant to forfeit its lien rights entirely and pay the other side’s attorney fees. The new law expands the categories of costs to be claimed by good-faith lien claimants, while still protecting against truly abusive filings. General contractors, subcontractors, suppliers, owners, and lenders all need to understand these changes. What the Bill Changed 1. Lien Value May Include Disputed Amounts The bill amends the core lien statute to insert the phrase “whether disputed or undisputed” into the description of lienable value. Prior law referenced only “the value” of labor, services, or materials furnished. The new text confirms that a lien can attach for amounts the parties still dispute. A claimant no longer needs the owner or general contractor to agree on the amount before filing. Read the full story...
Reprinted courtesy of Maria Conversa, Snell & Wilmer
Ms. Conversa may be contacted at mconversa@swlaw.com

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Colorado’s New Mechanic’s Lien Law: Bigger Claims, Stronger Protections, and New Risks for Owners and Contractors

October 12, 2026 — David McLain - Colorado Construction Litigation Blog
On April 6, 2026, the same day that the Colorado Supreme Court issued its decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, Governor Jared Polis signed Senate Bill 26-074 into law. The legislation, which took effect on August 12, 2026, clarifies the amounts that may be included in mechanic’s liens and public construction payment claims, as well as the circumstances under which those claims may be considered excessive. While the timing of the Supreme Court’s decision and the Governor’s approval of SB 26-074 is noteworthy, the legislation has implications extending beyond the public works claims addressed in Wadsworth. Most significantly, it expressly addresses disputed and unliquidated amounts, including delay and disruption costs, in mechanic’s liens filed against private construction projects. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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Arbitration in Construction Disputes: Process and Best Practices

July 27, 2026 — Construction Executive
Arbitration in construction disputes is a private process where owners, contractors, subcontractors, designers or suppliers present claims to one or more neutral arbitrators instead of taking the dispute through court. The arbitrator reviews evidence, hears testimony and issues a decision that is usually binding. Construction arbitration is common because project disputes are technical, document-heavy and time-sensitive. Claims may involve schedule delays, disputed change orders, defective work, differing site conditions, payment, termination, indemnity, surety issues or professional liability. Arbitration can be faster and more specialized than litigation, but speed is not guaranteed. Poor contract language, broad discovery, weak records and unclear damages can make arbitration expensive. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Court Rules Insurer AIG Can't Claw Back $50M Storm Payout From Turner

October 20, 2026 — Richard Korman - Engineering News-Record
A Delaware court judge ruled earlier this month that insurer AIG cannot claw back $50 million from Turner Construction for two insurance claim payouts it has made to New York University's Langone Medical Center. The dispute relates to the 2012 flooding of the university's Manhattan hospital center during Superstorm Sandy in October 2012. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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Saxe Doernberger & Vita, P.C. Expands with New Office in Foxborough, Massachusetts

June 08, 2026 — Saxe Doernberger & Vita, P.C.
Foxborough, MA — April 1st, 2026— Saxe Doernberger & Vita, P.C. (SDV), a national law firm focused exclusively on representing policyholders in insurance coverage disputes, is pleased to announce the opening of its new office in Foxborough, Massachusetts. The expansion marks another milestone in the firm’s continued growth and deepens SDV’s ability to serve clients across the region. The new location strengthens SDV’s presence in Massachusetts and expands the firm’s capacity to support both existing and anticipated client needs in an increasingly complex insurance landscape. Read the full story...
Reprinted courtesy of Saxe Doernberger & Vita, P.C.

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Alexander Hopkins Authors Law360 Article on Wisconsin Supreme Court Coverage Decision

October 06, 2026 — Alexander G. Hopkins - SDV Fenchurch
Alexander Hopkins recently authored an Expert Analysis for Law360 examining a recent Wisconsin Supreme Court decision addressing coverage for water damage arising from alleged construction defects. In “Wis. Coverage Ruling Rejects Strict Ensuing Loss Test,” Alex explores the relationship between construction defect exclusions and ensuing loss provisions, and what the decision means for policyholders seeking coverage when an excluded condition contributes to subsequent damage. Read the full story...
Reprinted courtesy of Alexander G. Hopkins, SDV Fenchurch
Mr. Hopkins may be contacted at alexander.hopkins@sdvfenchurch.us

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Insured is Third Party Beneficiary of Forced-Place Policy

October 26, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer’s motion to dismiss the insured’s fire damage claims under a forced-place policy because the insured was a third-party beneficiary of the policy. Fredericks v. Assurant Specialty, et al., 2026 U.S. Dist. LEXIS 179779 (E.D. Pa. Aug. 12, 2026). The insureds’ home burned down on the same day their homeowner’s policy expired. The expiration automatically triggered a forced-placed policy issued by American Security Insurance Company (ASIC) to the insureds’ mortgage company, Rocket Mortgage Company, LLC. 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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