NABB INDIANA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Only A Contractor Can Appeal a Contracting Officer’s Final Decision

April 20, 2026 — David Adelstein - Florida Construction Legal Updates
A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted). The term “contractor is not an ambiguous term. A ‘contractor’ refers to a party to a federal government contract. Wattiker (citing the Contract Disputes Act). This is why the Contract Disputes Act does not apply to parties that are NOT in contract with the federal government. Id. In Wattiker, an appellant (appealing party) challenged the dismissal of a co-appellant. The co-appellant was dismissed because he was not a contractor, i.e., a party in contract with the federal government. In other words, the co-appellant had no privity of contract with the federal government. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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2026 Colorado Super Lawyers Recognizes 11 Snell & Wilmer Attorneys

May 05, 2026 — Snell & Wilmer
DENVER – Snell & Wilmer is pleased to announce that eleven attorneys in its Denver office have been selected for inclusion in the 2026 Colorado Super Lawyers publication. Of those eleven, four were recognized as Rising Stars. Super Lawyers is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. The final published list represents no more than 5 percent of the lawyers in the state. Read the full story...
Reprinted courtesy of Snell & Wilmer

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Steel Cooling: Steel Costs Steadily Decline After Pandemic Price Shock

May 12, 2026 — Construction Executive
Steel prices have continued trending downward after several years of volatility, according to Gordian’s latest analysis based on RSMeans Data. After dramatic spikes during the pandemic-era supply disruptions, the market has gradually stabilized as supply chains improve and demand softens in some construction segments. However, selective volatility and tariff uncertainty continue to influence pricing across the sector. Key findings from the report include:

• Steel prices declining: The national average price of structural steel fell to about $2,343.93 per ton in January 2026, down 5.38% from the previous quarter and 7.18% year over year.
• Longer-term price correction: Steel costs have been trending downward since 2024 after earlier volatility driven by inflation, supply shortages and global demand swings.

Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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IRMI Expert Commentary: NY Highest Court Confronts Downstream Risk Transfer for Subcontractor Bodily Injury Claims

March 17, 2026 — Gregory D. Podolak & Alexander G. Hopkins - Saxe Doernberger & Vita, P.C.
Originally published on IRMI.com, copyright 2026 International Risk Management Institute, Inc. Subcontractor employee bodily injury claims (so-called action over claims) are a staple of construction risk management in the Empire State—so much so that the phrase “labor law” instinctively invites a shudder among the most experienced general contractors. The savvy among them intensely monitor case law developments and the evolution of the insurance market to ensure a cutting-edge, meticulously developed downstream risk transfer plan. And when guidance arrives from an appellate-level court, it’s a moment to take note. This is one of those moments. In late 2025, New York’s highest court—the NY Court of Appeals—had the rare opportunity to examine an all-too-routine bodily injury fact pattern and took the opportunity to closely examine the scope of contractual indemnity and its interplay with additional insured coverage in Dibrino v. Rockefeller Center N., Inc., 2025 N.Y. Slip Op. 07077, 2025 WL 3670593 (Ct. App. Dec. 18, 2025). Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C. and Alexander G. Hopkins, Saxe Doernberger & Vita, P.C. Mr. Podolak may be contacted at GPodolak@sdvlaw.com Mr. Hopkins may be contacted at AHopkins@sdvlaw.com Read the full story...

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Court to General Contractor: Too Late to Reclaim $600K Sub Overpayment

March 03, 2026 — Richard Korman - Engineering News-Record
Massachusetts contractors and their attorneys are once again testing the limits of the state's 15-year-old prompt-pay law, with concerned prime contractors asking an appeals court to overturn a lower court ruling that they believe gives subcontractors a powerful upper hand in payment disputes. 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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Four Payne & Fears Attorneys Named 2026 Southern California Super Lawyers Rising Stars

March 17, 2026 — Payne & Fears
We congratulate our four Payne & Fears attorneys who have been named 2026 Southern California Super Lawyers Rising Stars. This recognition highlights the next generation of legal talent, honoring attorneys who have made a strong impact in their practice areas early in their careers. Employment & Labor Taylor Brown Bree Oswald Employment Litigation: Defense Tyler Runge Business Litigation Brian Shaw Read the full story...
Reprinted courtesy of Payne & Fears

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End of an (Endangerment) Era

February 23, 2026 — Sukhmani K. Singh, Christopher P. Colyer & Sean M. Sherlock - Snell & Wilmer
On February 12, 2026, the U.S. Environmental Protection Agency (EPA) announced the repeal of the 2009 Greenhouse Gas (GHG) Endangerment Finding and the elimination of all federal GHG emission standards for motor vehicles and engines.1 The EPA characterized the action as the “single largest deregulatory action in U.S. history.”2 This development marks a fundamental shift in federal climate policy under the Clean Air Act (CAA) and is expected to trigger immediate and extensive litigation. In Massachusetts v. EPA, the U.S. Supreme Court held that GHGs qualify as “air pollutants” under the CAA and that the EPA must determine whether emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare under CAA Section 202(a).3 Following this decision, on December 7, 2009, the EPA issued two findings. First, the EPA classified six different GHGs as threatening public health and welfare. Second, the EPA determined that emissions from new motor vehicles contribute to that endangerment.4 Although the findings themselves imposed no direct regulatory requirements, they served as the legal predicate for GHG emission standards for light-duty and heavy-duty vehicles, and later for other CAA programs affecting statutory sources. In 2012, the U.S. Circuit Court of Appeals for the District of Columbia upheld the Endangerment Finding and related regulations.5 Reprinted courtesy of Sukhmani K. Singh, Snell & Wilmer, Christopher P. Colyer, Snell & Wilmer and Sean M. Sherlock, Snell & Wilmer Ms. Singh may be contacted at ssingh@swlaw.com Mr. Colyer may be contacted at ccolyer@swlaw.com Mr. Sherlock may be contacted at ssherlock@swlaw.com Read the full story...
California Restricts Principles of “General” Personal Jurisdiction

Fall 2024 Legislative Update:

Court Ends Trump Shutdown of NY's $5B Empire Wind, Second Offshore Project Revived

Condemnation Actions: How Valuable Is Your Evidence of Property Value?

Are We Having Fun Yet? Construction In a Post-COVID World (Law Note)

Subcontractor Exception to "Your Work" Exclusion Does Not Apply to Coverage Under Subcontractor's Policy

Five "Boilerplate" Terms to Negotiate in Your Next Subcontract

Traub Lieberman Elects New Partners for 2020

First Suit Filed for Losses Caused by COVID-19


Trump Order Waives Project Environment Rules to Push COVID-19 Recovery

What are the Potential Damages when a House is a Lemon?

CFTC Establishes Climate-Risk Unit, Echoing Other Biden Administration Agency Themes

Duty to Defend Triggered by Damage to Other Non-Defective Property

Park Avenue Is About to Get Something It Hasn’t Seen in 40 Years

Preliminary Notice Is More Important Than Ever During COVID-19

ASCE's Architectural Engineering Institute Announces Winners of 2021 AEI Professional Project Award

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

Meet the Forum's In-House Counsel: SONYA SEEDER

New York Shuts Down Majority of Construction

White and Williams LLP is Honored to be Recognized Among the 2026 Best Law Firms Ranked by Best Lawyers®

Haight has been named a Metropolitan Tier 1 and Tier 2 “Best Law Firm” by U.S. News – Best Lawyers® “Best Law Firms” in 2025

Read Before You Sign: Claim Waivers in Project Documents

Panama Weighs Another Canal Expansion at Centennial Mark

Notice of Claim Sufficient to Invoke Coverage

Change #7- Contr
Fourth Circuit Rejects Application of Wrap-Up Exclusion to Additional Insured

The Economic Loss Rule: From Where Does the Duty Arise?

The Show Must Go On: Shuttered Venues Operators Grant Provides Lifeline for Live Music and Theater Venues

Orlando Commercial Construction Permits Double in Value

Florida High-Rise for Sale, Construction Defects Possibly Included

Arizona Purchaser Dwelling Actions Are Subject to a New Construction

Social Engineering Scams Are On the Rise – Do I Have Insurance Coverage for That?

Be Careful with Good Faith Payments

Shaken? Stirred? A Primer on License Bond Claims in California

Tariffs and the Art of the Price Escalation “Deal”

Traub Lieberman Chair Emeritus Awarded the 2022 Vince Donohue Award by the International Association of Claim Professionals

Statutory Bad Faith and an Insured’s 60 Day Notice to Cure

Six-Month Prison Term for Role in HOA Scam

Green Construction Claims: More of the Same

Chesapeake Bay Water Quality Is Still in Trouble, Two Major Reviews Say

Barratt Said to Suspend Staff as Contract Probe Continues

The G2G Year in Review: 2020

New Orleans Drainage System Recognized as Historic Civil Engineering Landmark

While You Were Getting Worked Up Over Oil Prices, This Just Happened to Solar

Additional Dismissals of COVID Business Interruption, Civil Authority Claims

Perovskite: The Super Solar Cells

Anti-Concurrent Causation Clause Preserves Possibility of Coverage

Architectural Firm Disputes Claim of Fault

Condo Buyers Seek to Void Sale over Construction Defect Lawsuit

Be Sure to Dot All of the “I’s” and Cross the “T’s” in Virginia

The Woodland Hills Office Secures a Total Defense Award on Behalf of their High-End Custom Home Builder Client!

Data Center Construction and the AEC Partner of the Future

Gilbert’s Plan for Downtown Detroit Has No Room for Jail

Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts

Toolbox Talk Series Recap - The Mediator's Proposal

No Coverage For Wind And Flood Damage Suffered From Superstorm Sandy

Construction Employers Beware: New, Easier Union Representation Process

No Coverage for Faulty Workmanship Where Underlying Claim is Strictly Breach of Contract

Landowners Try to Choke Off Casino's Water With 19th-Century Lawsuit

Prevailing Parties Entitled to Contractual Attorneys’ Fees Under California CCP §1717 Notwithstanding Declaration That Contract is Void Under California Government Code §1090

School Board Sues Multiple Firms over Site Excavation Problem

Proposed Legislation for Losses from COVID-19 and Limitations on the Retroactive Impairment of Contracts

Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

Best Lawyers Recognizes Twenty White and Williams Lawyers

Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

New California Law Mandates Prompt Resolution of Change Order Payment Disputes on Private Works of Improvement

AIA Waivers Under Fire: Why Post-Completion Losses May Still Be Actionable

White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2020

Close Enough Only Counts in Horseshoes and Hand Grenades

DC Circuit Approves, with Some Misgivings, FERC’s Approval of the Atlantic Sunrise Natural Gas Pipeline Extension

Arizona Court Determines Statute of Limitations Applicable to a Claim for Reformation of a Deed of Trust (and a Related Claim for Declaratory Judgment)

Construction Bidding for Success

Renovate or Demolish Milwaukee’s Historic City Hall?

Party Cannot Skirt Out of the Very Fraud It Perpetrates

Taking the Stairs to Human Wellness and Greener Buildings