HARDINSBURG INDIANA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Denis Serkin and Michael S. Zicherman Co-Edit/Author Lexology Panoramic: Construction 2027

August 03, 2026 — Denis Serkin & Michael S. Zicherman - Peckar & Abramson, P.C.
P&A partners Denis Serkin and Michael S. Zicherman served as co-editors and authors of Lexology’s Panoramic: Construction 2027 – US and Global guide. Formerly Getting the Deal Through, Lexology Panoramic provides members of the construction industry and construction-related legal and business providers with side-by-side comparison of key industry issues in 19 jurisdictions worldwide. Reprinted courtesy of Denis Serkin, Peckar & Abramson, P.C. and Michael S. Zicherman, Peckar & Abramson, P.C. Mr. Serkin may be contacted at dserkin@pecklaw.com Mr. Zicherman may be contacted at mzicherman@pecklaw.com Read the full story...

---

Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026). Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds. Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Real Estate & Construction News Roundup (4/1/26) – President Trump’s EO Affects Federal Funding, Fannie Mae Accepts Crypto-Backed Mortgages, Private Sector Construction Weakness Offsets Public Sector Gains

April 08, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, California to pursue office-to-housing conversions, hoteliers to increase investment in artificial intelligence, private credit exodus to boost commercial real estate capital, and more!

• President Donald Trump’s executive order to remove regulatory barriers to affordable home construction could affect federal funding for cities and states that don’t follow what the order calls “regulatory best practices,” including faster permitting, fewer green building mandates and relaxed limits on exurban development. (Robyn Griggs Lawrence, Multifamily Dive)
• California state policymakers have been pursuing policy changes that remove barriers to converting older commercial buildings into housing. (Keith Loria, Construction Dive)
• Private sector weakness largely offset modest gains in public construction spending, despite data center gains. (Sebastian Obando, Construction Dive)

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

---

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.

---

The Grenfell & Champlain Towers: Risk Management Considerations in the Wake of Catastrophic Loss — A UK/US Comparison

June 02, 2026 — Eric M. Clarkson - Saxe Doernberger & Vita, P.C.
1. Introduction As part of the multinational collaborative relationship between Saxe Doernberger & Vita, P.C. and Fenchurch Law, we continually find ourselves in conversations about the sometimes subtle but sometimes drastic differences between risk management and coverage considerations from one country to the next. These differences are often highlighted by the fallout from large catastrophic losses that are widely publicized and illuminate sometimes widespread risks and perils that many others may be facing in the coming years. The response of governments and their subdivisions to the needs of victims and/or commercial parties, and insurance markets’ evaluation of and reactions to catastrophic losses vary widely from country to country and jurisdiction. In this article, we discuss these responses and reactions in the cases of the Grenfell Tower Fire in London, England, and the Champlain Tower collapse in Surfside, Florida, within the United States. These two widely publicized losses involved different risk management and insurance considerations based on where they occurred. They also saw substantially different government responses and raised varied questions about what the next steps are for their respective commercial and insurance markets. Read the full story...
Reprinted courtesy of Eric M. Clarkson, Saxe Doernberger & Vita, P.C.
Mr. Clarkson may be contacted at EClarkson@sdvlaw.com

---

New Law Prompts ABC Minnesota/North Dakota to Design New Telecommunications Safety Training Program

June 29, 2026 — Grace Calengor - Construction Executive
On the first day of the year, a Minnesota law requiring installers of underground telecommunication infrastructure broadband, fiber or phone lines (when projects utilize directional drilling, and/or work is being conducted within 10 feet of existing utilities) to undergo a 40-hour certification went into effect. Originally passed in mid-2024 and proposed to go into effect in July 2025, the law’s requirements were postponed until January 2026, giving ABC Minnesota/North Dakota—in partnership with NCCER and the Minnesota Cable Communications Association—time to roll out their Safety Qualified Underground Telecommunications Installer training program, which would ensure the workforce of their contractor members were certified. Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

---

Predict Risk, Not Incidents: A New Analytics Framework for Your Construction Safety Data

August 03, 2026 — Tabrez Zahoor - Construction Executive
Behind every “zero-incidents” company report, hidden hazards may already be accumulating—risks that could become serious injuries tomorrow. The question every executive should be asking is not, “Did anything go wrong last month?” It is: “Where is risk building on my projects right now?” Most construction organizations cannot answer that question. Not because the data does not exist—it does. Every active project generates daily inspection findings, labor records, near-miss reports and audit results. The problem is that standard safety systems collect this data and then report it in ways that make it operationally useless for prevention. They describe the past. They predict nothing. The predictive safety analytics framework (PSAF) is a practical, deployable system developed from years of applying data science to large-scale construction portfolio operations that takes the safety data construction organizations already collect and transforms it into a forward-looking risk signal. The result? A single weekly score that tells executives where risk is concentrating across their portfolio before anyone gets hurt. Reprinted courtesy of Tabrez Zahoor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

---

ACEC Research Institute Repor
Insurance for Defective Construction Now in Third Edition

COVID-19 Is Not Direct Physical Loss Or Damage

Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine

Serving Notice of Nonpayment Under Miller Act

Homebuyers Aren't Sweating the Fed

Mid-Session Overview of Colorado’s 2017 Construction Defect Legislation

New York State Legislature Passes Legislation Expanding Wrongful Death Litigation

New Case Alert: Oregon Supreme Court Prohibits Insurer’s Attempt to Relitigate Insured’s Liability

New Index Tracking Mortgages for New Homes

Sustainability Is an Ever-Increasing Issue in Development

Waiver Of Arbitration by Not Submitting Claim to Initial Decision Maker…Really!

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

When Coronavirus Cases Spike at Construction Jobsites

Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain

Comply with your Insurance Policy's Conditions Precedent (Post-Loss Obligations)

Nevada Senate Minority Leader Confident about Construction
New York Construction Practice Team Obtains Summary Judgment, Dismissal of Labor Law §240(1) Claim Against Municipal Entities

How One Squirrel Taught us a Surprising Amount about Insurance Investigation Lessons Learned from the Iowa Supreme Court

Meet the Forum's In-House Counsel: RACHEL CLANCY

Construction Contract Negotiation & Drafting: A Practical Checklist (and Where State-Specific Issues Can Surprise You)

Construction Defect Claims are on the Rise Due to Pandemic-Related Issues

Experts: Best Bet in $300M Osage Nation Wind Farm Dispute Is Negotiation

Privette: The “Affirmative Contribution” Exception, How Far Does It Go?

Construction Defect Headaches Can Be Avoided

Connecticut Appellate Court Breaks New Ground on Policy Exhaustion

Cape Town Seeks World Cup Stadium Construction Collusion Damages

BWB&O Attorneys are Selected to 2024 Southern California Super Lawyers Rising Stars

Texas Supreme Court Authorizes Exception to the "Eight-Corners" Rule

Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

When “Substantially Similar” Means “Fundamentally Identical”: Delaware Court Enforces Related Claim Provision to Deny D&O Coverage for Securities Class Action

140 Days Until The California Consumer Privacy Act Becomes Law - Why Aren't More Businesses Complying?

Wadsworth v. Regional Rail Partners — Verified Statements of Claim Under the Colorado Public Works Act

Boston Catwalk Collapse Injures Three Workers

Negligence of Property Appraiser

Scientists Are Trying to Make California Forests More Fire Resilient

Toll Brothers Honored at the Shore Builders Association of Central New Jersey Awards

COVID-19 Business Interruption Claims Four Years Later: What Have We Learned?

BHA has a Nice Swing: Firm Supports Wounded Warrior Project at WCC Seminar

What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?

Hawaii Supreme Court Says Aloha to Insurers Trying to Recoup Defense Costs From Policyholders

New York Appeals Court Rekindles the Spark

Texas “your work” exclusion

Temporary Obstructions Are a Permanent Problem Under the Americans with Disabilities Act

Death, Taxes and Attorneys’ Fees in Construction Disputes

North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury Claims Arising Out of Direct Exposure to PFAs

Wildfire Is Efficient Proximate Cause of Moisture Reaching Expansive Soils Under Residence

Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions

Affordable Housing should not be Filled with Defects

Georgia Law: “An Occurrence Can Arise Where Faulty Workmanship Causes Unforeseen or Unexpected Damage to Other Property”

Loss Caused by Theft, Continuous Water Discharge Not Covered

Federal Bid Protest Standard of Review and Disparate Treatment with Ratings

BWB&O Expands to North San Diego

The Future of Construction Tech Is Decision Tech

Drill Rig Accident Kills Engineering Manager, Injures Operator in Philadelphia

A Survey of New Texas Environmental Laws

Blackstone to Buy Cosmopolitan Resort for $1.73 Billion

The Right to Repair Act (Civ.C §895 et seq.) Applies and is the Exclusive Remedy for a Homeowner Alleging Construction Defects

Traub Lieberman Partner Lisa M. Rolle Obtains Summary Judgment in Favor of Defendant

Better Building Rules Would Help U.K.'s Flooding Woes, CEP Says

TOP TAKE-AWAY SERIES: The 2023 Fall Meeting in Washington, D.C.

Delaware Supreme Court Won’t Halt Building

Building Permits Hit Five-Year High

Traub Lieberman Partner Colleen Hastie Wins Summary Judgment in Favor of Sub-Contracted Electrical Company

The Pandemic, Proposed Federal Privacy Regulation and the CCPA

Traub Lieberman Attorneys Recognized in the 2024 Edition of The Best Lawyers in America®

Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation