JOY ILLINOIS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Insured General Contractor Prevails on Motion for Summary Judgment to Establish Builder’s Risk Coverage

July 06, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The general contractor’s motion for partial summary judgment successfully established that damage to footings in place before the policy period was covered after the collapse of a building. Big D Builders, Inc. v. Am Zurich Ins. Co., 2026 U.S. Dist. LEXIS 72012 (D. Idaho March 31, 2026). Big D was the general contractor for building a new airplane hangar by erecting a 38,000 square foot structure. Before Big D began construction, the site of the hangar did not contain any pre-existing structures or buildings. Before completion of the hangar, it collapsed and caused extensive property damage. The builder’s risk policy issued by Zurich covered certain aspects of the construction project for the policy period December 28, 2023, to December 28, 2024. Zurich accepted coverage for most of the damage but not for damage to footings and columns installed prior to the start date of the policy. 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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Construction Companies Are Nearly Seven Times Safer With These Best Practices

June 15, 2026 — ABC - Construction Executive
WASHINGTON, May 4—Associated Builders and Contractors released its 2026 Health and Safety Performance Report, an annual guide to health and safety best practices on construction jobsites. The 2026 report shows the positive effects of participating in ABC’s STEP® Health and Safety Management System, which enables top-performing ABC members to achieve incident rates 686% safer than the U.S. Bureau of Labor Statistics construction industry average, reducing total recordable incident rates by 85%. Established in 1989, STEP is a proven system that provides contractors and suppliers with a robust, no-cost framework for measuring health and safety data and benchmarking with peers in the industry. This self-assessment tool helps participants identify real opportunities for scalable growth in their health and safety programs to lower their total recordable incident rates and become an employer of choice in a competitive labor market. Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Applying Jury Verdict Method in Quantifying Damages Due to Defective Specifications

March 31, 2026 — David Adelstein - Florida Construction Legal Updates
An older case deals with three important considerations: (1) defective specifications; (2) whether the defective specifications were misleading or misrepresentative; and (3) applying the jury verdict method in quantifying damages. In Metric Construction Co., Inc. v. U.S., 80 Fed. Cl. 178 (Fed. Cl. 2008), a contractor was contracted by the federal government to construct a warehouse. There were defects in the structural steel design specifications underlying the standing seam metal roof installed by the contractor and, as a result, the roof system leaked causing damage. The contractor incurred significant costs in repairing the damage, and pursued recovery of these costs against the government. The contractor claimed the structural steel design serving as the framework for the metal roof was defective and misleading and caused the leaks. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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When Your Scheduler Hallucinates: Managing AI Risk on the Job Site

March 03, 2026 — Jason Loring - ConsensusDocs
Artificial intelligence has moved from the conference room to the construction site. Contractors are using AI-powered tools to predict schedule delays, monitor safety through drone footage, optimize equipment maintenance and flag potential hazards in real time. These tools deliver genuine efficiency gains, but they also introduce risks that most construction contracts do not anticipate and many project teams aren’t yet equipped to manage. The problem is that AI tools are probabilistic and not determinative, meaning that they can “hallucinate”: generating confident, but completely wrong, information. Your AI scheduling software might therefore predict a delay that never materializes, causing unnecessary resource mobilization. Your drone monitoring might flag a nonexistent safety hazard, stopping work and costing productivity. Or worse, it might miss a real hazard entirely. Read the full story...
Reprinted courtesy of Jason Loring, Jones Walker LLP
Mr. Loring may be contacted at jloring@joneswalker.com

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Navigating Turbulent Waters Ashore: Insurance Lessons from a Navy Project Dispute

February 02, 2026 — Cary D. Steklof & Torrye Zullo - Hunton Insurance Recovery Blog
As we ring in the New Year, one thing remains the same: understanding the definitions and conditions in your insurance policy is critical. In a recent decision, a Florida federal court in Ohio Security Insurance Co. v. E Kelly Enterprises Inc. et al., No. 3:22-cv-24754, held that an insurer had no duty to defend or indemnify a general contractor and no duty to indemnify a subcontractor for damages from defective work on a naval base, based on the policy’s definition of “suit,” “property damage,” and allocation requirements. The decision highlights the importance of numerous issues in the context of commercial general liability policies, including the nuances of policy definitions, obtaining insurer consent when necessary, and allocation between covered and uncovered claims. Background In October 2014, a general contractor (“GC”) was awarded a contract by the Navy to renovate buildings at the Naval Air Station in Pensacola. The GC subcontracted work to various subcontractors, including metal framing and drywall, to a subcontractor named EKE. Reprinted courtesy of Cary D. Steklof, Hunton Andrews Kurth LLP and Torrye Zullo, Hunton Andrews Kurth LLP Mr. Steklof may be contacted at csteklof@hunton.com Ms. Zullo may be contacted at tzullo@hunton.com Read the full story...

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White and Williams LLP Recognized on the List of Largest Law Firms in Greater Philadelphia

March 03, 2026 — White and Williams LLP
White and Williams LLP was recently recognized on the list of Largest Law Firms in Greater Philadelphia by the Philadelphia Business Journal. The Firm is ranked #10 among the largest law firms in the Greater Philadelphia area. This listing ranks over 500 law firms in the counties of Bucks, Chester, Delaware, Montgomery, or Philadelphia in Pennsylvania; Atlantic, Burlington, Camden, or Gloucester in New Jersey, and Kent or New Castle in Delaware. White and Williams has been named on the list since 2023. Read the full story...
Reprinted courtesy of White and Williams LLP

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Breaking Ground On New California Public Works Prevailing Wage Requirements

April 27, 2026 — Heather Frisch, Christopher Bouquet & Ashley Stein - The Construction Seyt
Seyfarth Synopsis: As of January 1, 2026, AB 889 bulldozed California’s Prevailing Wage law, which impacts public works employers—including public agencies, the contractors that work for them, and private owners and developers whose projects may be subject to public works requirements. The amended law reframes the calculation of fringe benefits for individuals who work on public works project and mandates annualization of such benefits, demolishes the practice of frontloading these benefits, and requires employers to maintain inspection-ready records of compliance. This year, AB 889 significantly revised California’s prevailing wage law, codified at Labor Code section 1773.1, to clarify the state’s prevailing wage regulations and streamline enforcement. Accordingly, as of January 1, 2026, California public works employers are required to annualize employees’ fringe benefits and maintain specific documentation demonstrating statutory compliance. These new obligations impact public agencies and their contractors, as well as private owners and developers whose projects may be subject to public works requirements. Continue reading for the blueprint of how to comply with the state’s amended prevailing wage law. Reprinted courtesy of Heather Frisch, Seyfarth Shaw LLP, Christopher Bouquet, Seyfarth Shaw LLP and Ashley Stein, Seyfarth Shaw LLP Ms. Frisch may be contacted at hfrisch@seyfarth.com Mr. Bouquet may be contacted at cbouquet@seyfar
Yet ANOTHER Reminder to Always Respond

New York Instructs Property Carriers to Advise Insureds on Business Interruption Coverage

Incorporation, Indemnity and Statutes of Limitations, Oh My!

Ex-Ironworkers Local President Sentenced to Prison Term for Extortion

Be Aware of Two New Statutes that Became Effective May 1, 2021

San Francisco Museum Nears $610 Million Fundraising Goal

Scary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination Challenge

Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

Governmental Action Exclusion Bars Claim for Damage to Insured's Building

Insurance Agent Sued for Lapse in Coverage after House Collapses

Kahana Feld Attorney Andrea Vosough Named to 2026 Claims and Litigation Management Alliance (CLM) Phenoms Under 40 List

Manhattan Condos at Half Price Reshape New York’s Harlem

New York Considering Legislation That Would Create Statute of Repose For Construction

A Retrospective As-Built Schedule Analysis Can Be Used to Support Delay

Court Affirms Duty to Defend Additional Insured Contractor

Washington Supreme Court Upholds King County Ordinance Requiring Utility Providers to Pay for Access to County’s Right-of-Way and Signals Approval for Other Counties to Follow Suit

Insurance Company Prevails in “Chinese Drywall” Case

Home Prices in 20 U.S. Cities Rose in June at a Slower Pace

Be Mindful Accepting Payment When Amounts Owed Ar
CGL Coverage Dispute Regarding the (J)(6) And (J)(7) Property Damage Exclusions

Feds Move To Indict NY Contractor Execs, Developer, Ex-Cuomo Aide

Do Not Pass Go! Duty to Defend in a Professional Services Agreement (law note)

Steps to Defending against Construction Defect Lawsuits

Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard

JPMorgan Blamed for ‘Zombie’ Properties in Miami Lawsuit

Fourth Circuit Questions EPA 2020 Clean Water Act 401 Certification Rule Tolling Prohibition

Promptly Notifying Your Insurer of a Claim Matters

Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum

Construction Contract Clauses That May or May Not Have Your Vote – Part 3

Herman Russell's Big Hustle

Cross-Motions for Summary Judgment Denied in Collapse Claim

Application of Frye Test to Determine Admissibility of Expert

Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal

Construction Workers Face Dangers on the Job

Midwest Team Secures Resolution of Matter for Homeowners’ Association Client, Recovery of Attorneys’ Fees

ASCE Statement on Congress Passage of National Debt Limit Suspension

At the Border of Contract and Torts in Construction Disputes

Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey

COVID-19 and Mutual Responsibility Clauses

Construction Litigation Roundup: “Indeed, You Just Design ‘Em”

President Trump Issued Two New EOs on Energy Infrastructure and Federal Energy Policy

A Few Green Building Notes

5 Impressive Construction Projects in North Carolina

Brown and Caldwell Appoints Stigers as Design Chief Engineer

Relying Upon Improper Exclusion to Deny Coverage Allows Bad Faith Claim to Survive Summary Judgment

National Infrastructure Leaders Visit Dallas' Able Pump Station to Tout Benefits of Water Infrastructure Investment

California Department of Corrections Gets Hit With the Prison Bid Protest Blues

Georgia Appellate Court Supports County Claim Against Surety Company’s Failure to Pay

Living on The Edge: The Unacknowledged Delay/Acceleration

Newmeyer & Dillion Partner Aaron Lovaas & Casey Quinn Recognized by Super Lawyers

Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust Transparency

COVID-19 Is Not Direct Physical Loss Or Damage

Heavy Rains Cause Flooding, Mudslides in Japan

Everyone Wins When a Foreclosure Sale Generates Excess Proceeds

Colorado’s Workers’ Compensation Act and the Construction Industry

Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually

Brazil Congress Chiefs Deny Wrongdoing in Petrobras Scandal

What the FIU Bridge Collapse Says About Peer Review

Building Permits Up in USA Is a Good Sign

Contractor's Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion

Precedent-Setting ‘Green’ Apartments in Kansas City

Efficient Proximate Cause Applies to Policy's Collapse Provisions

SDV Celebrates 30th Anniversary Press Release

Supreme Court Grants Petition for Review Regarding Necessary Parties in Lien Foreclosure Actions

United States Supreme Court Limits Class Arbitration

20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative Exhibits

Construction Job Opening Rise in October

Application of Efficient Proximate Cause Doctrine Supports Coverage

Home Prices on the Rise