KEALAKEKUA HAWAII CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Data Center Construction: Contractors Must Step Up

May 26, 2026 — Aarni Heiskanen - AEC Business
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

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Real Estate & Construction News Roundup (7/8/26) – Data Centers Negotiate Flexibility for Speed, Hotel Deal Activities Focus on Luxury, and DC Sues Apartment Owners

July 20, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, rail projects gain steam across the U.S., AI optimizes building operations, a modular approach speeds data center construction, and more!

• Hyperscalers want their data centers online, and utilities want to provide interconnections, but both are still looking for common operating guidelines. (Herman K. Trabish, Construction Dive)
• Contractors are taking advantage of multibillion-dollar train and transit contracts, even as funding challenges create hurdles for project execution. (Matthew Thibault, Construction Dive)
• Although hospitality and leisure M&A deal volume was down 2.5% in the first half of 2026 compared to the prior six months, investors are concentrating on the upper end of the market, including luxury hotels, wellness resorts and gaming, or “data-rich,” platforms. (Noor Adatia, Hotel Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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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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Self-Healing Infrastructure Could Pave the Road to the Future

May 05, 2026 — Allan C. Van Vliet - Gravel2Gavel Construction & Real Estate Law Blog
A single hairline crack in a bridge deck can seem insignificant. But left undetected, minor cracks and fissures expand, water seeps in, steel corrodes and repair costs start to increase. This risk multiplies across thousands of miles of aging highways and bridges nationwide. As infrastructure endures increasing strain from heavier traffic, extreme weather and deferred maintenance, engineers are exploring “self-healing” systems, where streets and bridges are built with materials that can repair themselves. Concrete, asphalt and composites capable of detecting and mending microcracks autonomously are moving from laboratory research to pilot projects. But while emerging technology promises longer-lasting infrastructure, it also raises questions about long-term maintenance, performance guarantees, procurement frameworks and risk allocation. Read the full story...
Reprinted courtesy of Allan C. Van Vliet, Pillsbury
Mr. Van Vliet may be contacted at allan.vanvliet@pillsburylaw.com

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Inaccurate Representations Can Lead to Differing Site Conditions Claim

May 26, 2026 — David Adelstein - Florida Construction Legal Updates
In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor. Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978). The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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New York Moves to Tighten Third-Party Practice: Key Changes to CPLR 1007

March 31, 2026 — Sophia L. Cahill - Sheppard
Effective April 18, 2026, the New York Legislature enacted the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act, amending CPLR 1007—the statute that governs third-party practice. The amendment sharply limits when and how defendants can commence third-party actions, curbing the expansive discretion they previously enjoyed and targeting the late-stage impleaders that often upend case schedules. What Changes Before the AVOID Act was signed into law on December 19, 2025 (and subsequently modified by Chapter Amendments A9502 and S8809, signed by Governor Hochul on February 13, 2026[1]), CPLR 1007 gave defendants broad latitude to implead “any person who is or may be liable” for all or part of the plaintiff’s claim. CPLR 1007 specified no outside time limit for the initiation of a third-party claim; courts assessed only whether a defendant’s delay was undue—such as impleading months after the note of issue—and whether the plaintiff would suffer prejudice if the third-party action were not severed. Read the full story...
Reprinted courtesy of Sophia L. Cahill, Sheppard
Ms. Cahill may be contacted at scahill@sheppard.com

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Congratulations to BWB&O’s 2027 Southern California Super Lawyers and Rising Stars Honorees!

September 08, 2026 — Bremer Whyte Brown & O'Meara, LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partners Nicole Whyte, Keith Bremer, John Toohey, and Tyler Offenhauser have been named to the 2027 Southern California Super Lawyers list. Notably, Nicole Whyte was also selected to the Top 50 Orange County Super Lawyers list, an honor reflecting her outstanding work, leadership, and impact in the legal community. Associates Kevin Moore, Sukayna Jaidi, and Andrew Mathews are also being recognized as 2027 Southern California Super Lawyers Rising Stars. Our team is being honored for their distinguished service and dedication in Family Law, Civil, Business, Construc
Court Dismisses Coverage Action In Lieu of Pending State Case

Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time Specified

California Supreme Court Holds that Requirement of Prejudice for Late Notice Defense is a Fundamental Public Policy of the State for Choice of Law Analysis

Affirmed: Nationwide Acted in Bad Faith by Failing to Settle Within Limits

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Mortgage Whistleblower Stands Alone as U.S. Won’t Join Lawsuit

Connecticutt Class Action on Collapse Claims Faces Motion to Dismiss

Toll Brothers Snags Home Builder of the Year Honors at HLS

China Allows Construction to Resume of High-Rise Stopped for Last Decade

Contractor Prevailing Against Subcontractor On Common Law Indemnity Claim

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California Contractor License Bonds to Increase in 2016

Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks to the Consumer?

Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate

The Results are in, CEO/Founding Partner Nicole Whyte is Elected to OCBA’s 2024 Board of Directors!

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No Entitlement to Reimbursement of Pre-Tender Fees

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Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions

A Quick Virginia Mechanic’s Lien Timing Refresher

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Prevent Costly Curb Box Damage Due on New Construction Projects

Construction Delays for China’s Bahamas Resort Project

Rejection’s a Bear- Particularly in Construction

Home Prices Up, Inventory Down

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Is Everybody Single? More Than Half the U.S. Now, Up From 37% in '76

Remote Work Issues to Consider in Light of COVID-19

Hunton Partner Michael Levine Appointed to Law360’s 2024 Insurance Authority Property Editorial Advisory Board

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Indiana District Court Finds Crane Inspection Services Do Not Trigger “Professional Services” Exclusion in Liability Policy

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Funding the Self-Insured Retention (SIR)

Affordable Global Housing Will Cost $11 Trillion

The Deadline to File Suit on a Public Works Payment Payment Bond is Triggered by a Claimant’s Work on a Project Not by a Claimant’s Work Under a Contract

GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

How Does Your Construction Contract Treat Float

Anatomy of a Data Center

Banks Rejected by U.S. High Court on Mortgage Securities Suits

Are “Green” Building Designations and Certifications Truly Necessary?

Coverage for Construction Defects Barred By Exclusion j (5)

Expansion of Statutes of Limitations and Repose in K-12 and Municipal Construction Contracts

Why Employees Are Taking Ownership of Their Architecture Firms

Candis Jones Named to Atlanta Magazine’s 2025 “Atlanta 500” List

A Primer on Insurance for Construction Projects

Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered

Staying Single?

Get Smarter About Electric Construction Equipment

California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

No Coverage For Construction Defects Under Alabama Law

San Diego Appellate Team Prevails in Premises Liability Appeal

Revisiting the CMO; Are We Overusing the Mediation Privilege?

Trump Signs $2-Trillion Stimulus Bill for COVID-19 Emergency

Miller Act and “Public Work of the Federal Government”

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Payment Bond Claim Notice Requires More than Mailing

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