BUTLER INDIANA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Fort Lauderdale Team Secures Defense Verdict for Client in Premises Liability Lawsuit

December 30, 2025 — Lewis Brisbois Newsroom
Fort Lauderdale, Fla. (October 27, 2025) - Fort Lauderdale Partner Paul Gamm and Associate Amber Dawson recently obtained a complete defense verdict for their client, a grocery store operator, in a premises liability case in Florida state court. The accident in question occurred in December 2022, when two vehicles collided at an uncontrolled internal parking lot intersection at the grocery store property. The plaintiff refused to blame the other driver, a non-party at trial. The plaintiff alleged that the intersection should have been controlled with a stop sign because it lacked the appropriate sight distance for drivers to perceive threats from oncoming traffic. The plaintiff filed suit against the client in the 17th Judicial Circuit Court of Florida. She claimed she suffered cervical and lumbar herniations, requiring one facet lumbar fusion and two outstanding surgeries. Read the full story...
Reprinted courtesy of Lewis Brisbois

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At the Intersection of Indemnity and Prevailing Wages

March 17, 2026 — Garret Murai - California Construction Law Blog
In a case that I’m frankly surprised I don’t see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a subcontractor against a general contractor and public entity who mistakenly believed that a construction project did not require the payment of prevailing wages. The Nabors Case In Nabors Corporate Services, Inc. v. City of Long Beach, 108 Cal.App 540 (2025), subcontractor Nabors Corporate Services, Inc. sued general contractor Tidelands Oil Production Company and the City of Long Beach after it was found liable in a class action lawsuit for failing to pay prevailing wages to its employees. Nabors’ contract with Tidelands did not require the payment of prevailing wages and neither Tidelands nor the City believed that the project, which involved “oil well plug and abandonment” work, required the payment of prevailing wages. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Report: 2023 NYC Crane Fire and Collapse Caused by Failed Hydraulic Hose

December 30, 2025 — Justin Rice - Engineering News-Record
A disconnected hydraulic hose likely sprayed flammable oil onto a hot surface, igniting a blaze that compromised the luffing system of a tower crane on a busy New York City street, sending its boom crashing 500 ft to the ground, according to a long-awaited investigation into a 2023 crane fire and partial collapse on the west side of Manhattan. Read the full story...
Reprinted courtesy of Justin Rice, Engineering News-Record
Mr. Rice may be contacted at ricej@enr.com

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California’s Fair Payment Act: What Every Owner, Developer, and Contractor Should Know About SB 440

November 18, 2025 — Matthew DeVries - Best Practices Construction Law
While most states have enacted various forms of prompt payment laws for construction projects, California Senate Bill 440, known as the Private Works Change Order Fair Payment Act, marks a pivotal change in how payment obligations related to change orders are handled on private construction projects. Signed into law on October 10, 2025 by Governor Newsom, its implementation will affect owners, developers, contractors, and subcontractors alike. Importantly, it sets clear standards for processing change-order claims, imposing decisive deadlines and remedies. The Big Picture SB 440, effective for private contracts beginning on January 1, 2026, establishes a formal claim resolution process for work stemming from change orders on private projects. Key provisions include:

• A contractor or subcontractor may submit a claim (for a time extension or additional compensation) and the owner must provide a written statement within 30 days identifying disputed and undisputed portions.

Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

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Traub Lieberman Partner and Firm Co-Chair Lisa L. Shrewsberry Named Top 25: 2025 Westchester County Super Lawyers®

January 13, 2026 — Traub Lieberman
Traub Lieberman is pleased to announce that Partner and Firm Co-Chair Lisa L. Shrewsberry has been named to the Top 25: 2025 Westchester County Super Lawyers Top List. This is the eighth year that Lisa has been on the Top 25 list for Westchester County Super Lawyers. Lisa has also been selected to the New York – Metro Super Lawyers list since 2008. Read the full story...
Reprinted courtesy of Traub Lieberman

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Real Estate & Construction News Roundup (11/12/25) – Banks Weather CRE Storm, Industrial Outdoor Storage Markets Soar, and Office Vacancy Decline

December 08, 2025 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, turnover rate for US homes drops to a 30-year low, global data center real estate funding struggles to keep pace, industrial real estate space surges, and more!

• U.S. regional banks’ commercial real estate loan books are proving broadly resilient despite worries sparked by a handful of soured loans, but the office sector continues to be a pain point. (Niket Nishant and Manya Saini, Reuters)
• The rapid buildout of AI and quantum infrastructure is sparking a boom in an often overlooked commercial real estate sector. (Diana Olick, CNBC)
• U.S. office vacancies showed their first year-over-year decline since the pandemic. (Joe Burns, Facilities Dive)

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

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Exclusion Bars Coverage For Cosmetic Hail Damage to Roof

January 13, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer’s motion for summary judgment, finding there was no coverage for hail damage due to an exclusion for cosmetic hail damage. Cannon Falls Area Schools v Hanover Am. Ins. Co., 2025 U.S. Dist. LEXIS 206792 (D. Minn. Oct. 21, 2025). On April 22, 2022, a hailstorm and high winds damaged the insured School’s buildings. The School’s buildings had metal roofs. The parties agreed that the hailstorm caused indentations to the roofs, but did not puncture the metal on the roofs. Since the storm, the roofs had not leaked. The School submitted a claim for property damage to its insurer, Hanover. A portion of the claim for damage to the HVAC equipment was paid. The remainder of the claim was denied based on the policy’s Cosmetic Damage Exclusion which excluded coverage for cosmetic damage to roof surfacing caused by wind or hail. 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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PSA: Be Sure to Document (Even When Time is Short)

April 14, 2026 — Christopher G. Hill - Construction Law Musings
Written change orders are a big deal. Almost all construction contracts (at least the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law requires these provisions in residential construction contracts. Why are they so important? Because they are a “mini-contract” of sorts. They set the expectations, price, time, and work to be performed; work that was not included in the original price or scope for the project. Without this in writing, there will be no record of what the parties agreed to do. Does this sound familiar? Sound like its own contract? It should. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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