SUMMERLAND KEY FLORIDA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Cuomo Bridge Lawsuit Adversaries Weigh Mediated Settlement

July 06, 2026 — Richard Korman - Engineering News-Record
Rival legal teams have reached a critical juncture as they consider a mediated settlement in one of two major payment lawsuits pending between a design-build contracting team and the New York State Thruway Authority over construction of the more than $3-billion Mario M. Cuomo Bridge north of New York City. 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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Kahana Feld Opens New Office in Sacramento, Adding Key Litigator and Expanding Northern California Footprint

August 24, 2026 — Kahana Feld
IRVINE, CA – Aug. 11, 2026 – Kahana Feld is pleased to announce the opening of a new office in Sacramento, CA. This will be the firm’s 19th office across the United States. Partner Melvin F. Marcia has joined Kahana Feld and will lead the opening of the Sacramento office. He is joined by attorneys Matthew Brenner and Britney Lucchesi as well as paralegal Michelle Welcker. “We’re excited to welcome Melvin to the Kahana Feld team and expand our footprint in Northern California,” said Amir Kahana, Firmwide Managing Partner of Kahana Feld. “His addition strengthens Kahana Feld’s capabilities and will allow us to work more closely with our general liability, construction defect, and labor and employment clients in the Sacramento area while continuing to provide the level of service and experience they have come to expect from our firm.” Read the full story...
Reprinted courtesy of Kahana Feld

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Endorsement is Void Where Compliance is Impossible

September 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Sixth Circuit found that the insured’s loss of property due to fire was covered despite noncompliance with an endorsement requiring encompassing the property. 3371 Reading, LLC v. Liberty Mut Group, Inc., et al., 2026 U.S. App. LEXIS 19156 (6th Cir. June 29, 2026). The insured, 3371 Reading, owned a building undergoing renovation. After the structure burned down, 3371 Reading made a claim under its policy with Ohio Casualty Insurance Company. Ohio Casualty relied on an endorsement requiring fencing round the jobsite. 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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Insured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss Provision

May 05, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insured’s motion for summary judgment finding genuine issues of fact regarding implication of the policy’s ensuing loss provision. Stella Prop. Dev.. & Event Productions, LLC v. Auto-Owners Ins. Co., 2026 U.S. Dist. LEXIS 15854 (W.D. Pa. Jan. 28, 2026). Stella owned a cultural center that was insured under a commercial property all-risk policy issued by Auto-Owners. A windstorm with gusts of 65 miles per hour struck the Center causing damage. The Center’s inspector found extensive wind damage on nearly all facets of the roof. Further, the inspector found the existing organic shingles were in “very poor condition” and were “defective, discontinued, and no longer available.” The estimated cost of repairs to the roof was $108,010.52. 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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What Massachusetts Contractors and Developers Can Learn from Cannistraro v. Columbia Construction

July 13, 2026 — Anthony LaPlaca & Luke Marston - The Construction Seyt
Introduction On June 26, 2026 the Massachusetts Supreme Judicial Court issued its decision in J.C. Cannistraro, LLC v. Columbia Construction Co.—a holding that sits at the intersection of Prompt Pay Act compliance and the Massachusetts Arbitration Act.[1] Most already know that the Massachusetts Prompt Pay Act (PPA) imposes strict timing and certification requirements for rejecting payment applications and proposed change orders on projects valued at $3 million or more. Most notably, the PPA requires the paying party to give the payee written notice of its approval or rejection of progress applications and proposed changes within 15 days of receipt, which notice must include a “factual and contractual basis for the rejection” and must be “certified as made in good faith.”[2] In the absence of a timely certified notice, payment is “deemed to be approved” unless the payor properly rejects payment before it comes due.[3] Reprinted courtesy of Anthony LaPlaca, Seyfarth Shaw LLP and Luke Marston, Seyfarth Shaw LLP Mr. LaPlaca may be contacted at alaplaca@seyfarth.com Mr. Marston may be contacted at lmarston@seyfarth.com Read the full story...

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Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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GRSM Partner Debra Ellwood Meppen Recognized as 2026 Legal Visionary by Los Angeles Times

June 02, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani proudly congratulates Partner Debra Ellwood Meppen on being named a 2026 Legal Visionary by the Los Angeles Times. The LA Times Studios 2026 Legal Visionaries List recognizes lawyers in Southern California who “exemplify a forward-thinking approach to the law, elevating both their profession and the people who depend on it.” Meppen is recognized for helping shape the future of the legal profession through her leadership, professionalism, and integrity. Published as part of the May 2026 issue highlighting Southern California’s leading law firms and attorneys, the Legal Visionaries section honors attorneys making a significant impact on the legal industry and the broader business community. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Additional Insureds Obligated to Meet Self-Insured Retention

October 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court found that the additional insureds had to meet the policy’s self-insured retention before a duty to defend was triggered. Amerisure Ins. Co. v. Premier Design & Build Group, LLC, 2026 U.S. Dist. LEXXIS 170741 (N.D. Ill. July 31, 2026). Amerisure issued CGL and umbrella policies to Premier Design & Build Group, LLC. Amerisure had the right and duty to defend in certain suits for property damage under both policies. Premier contracted with MG East, LLC (MGE) to build three buildings. After the buildings were constructed, MG filed suit against Premier in state court, seeking recovery for allegedly defective installation of the roof, flashing, and gutters on each of the buildings. Premier had subcontracted with Tecta American Sough Florida, Inc. to install the flashing. 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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