PENDLETON INDIANA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

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

August 25, 2026 — Olivia Barden - Colorado Construction Litigation Blog
Editor’s Note: Wadsworth Revisited In August 2024, following the Colorado Court of Appeals’ decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, we published Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims. At the time, the decision warranted a significant warning to contractors and subcontractors performing public work in Colorado. The Court of Appeals concluded that Wadsworth’s verified statement of claim improperly included unliquidated delay damages and that, because the claim was excessive, Wadsworth forfeited its right to recover the amounts included in the claim. We cautioned contractors to carefully scrutinize verified statements of claim and to avoid including unliquidated damages or amounts that were not yet due and payable. The Colorado Supreme Court has now reversed that decision. Read the full story...
Reprinted courtesy of Olivia Barden, Higgins, Hopkins, McLain & Roswell, LLC

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EPA Steps Back, Arizona Moves Forward

May 12, 2026 — Patrick J. Paul, John Habib & Sukhmani K. Singh - Snell & Wilmer
In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to “Serious” ozone nonattainment status pursuant to the Clean Air Act’s National Ambient Air Quality Standards (NAAQS). This decision marks a shift in federal air policy — one that recognizes the unique challenges faced by regions like metro Phoenix, where environmental conditions beyond local control are often key contributors to air quality readings. The EPA’s move follows a series of meetings between EPA Administrator Lee Zeldin, Arizona elected officials, and business and civic leaders, including a recent roundtable in Phoenix convened by U.S. Senator Mark Kelly. In announcing the pause, Zeldin acknowledged the need for flexibility and fairness in the application of Clean Air Act standards, especially when emissions from other states, nations, and natural events significantly influence local air quality. Reprinted courtesy of Patrick J. Paul, Snell & Wilmer, John Habib, Snell & Wilmer and Sukhmani K. Singh, Snell & Wilmer Mr. Paul may be contacted at ppaul@swlaw.com Mr. Habib may be contacted at jhabib@swlaw.com Ms. Singh may be contacted at ssingh@swlaw.com Read the full story...

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Properly Taking Judicial Notice of Florida’s Building Code

October 12, 2026 — David Adelstein - Florida Construction Legal Updates
Many construction defects cases involve Florida’s Building Code. A recent non-construction case, BSREP II PBG Resort, LLC v Ginsburg, 2026 WL 265226 (Fla. 4th DCA 2026), discussed a court taking judicial notice of a provision in the Florida Building Code. This case was a premise liability case where the plaintiff tripped in an asphalt parking lot. The plaintiff, without complying with proper procedural notice protocol, asked the court to take judicial notice of a section of Florida’s Building Code, i.e., admitting this section as relevant evidence in the case. The trial court granted the request for judicial notice and the plaintiff used this as the basis of her cross-examination, the jury instructions, and closing argument that the violation of this section of Florida’s Building Code was evidence of negligence. This was in error. First, Florida’s Building Code is NOT a statute but an administrative rule. Ginsburg, supra. As an administrative rule, a court “may” but is not obligated to take judicial notice of the rule – it is a permissive judicial notice request per Florida Statute s. 90.203 and 90.202(9). This is important because the trial court viewed Florida’s Building Code as a statute it mandatorily had to take judicial notice of per Florida Statute s. 90.201, which was in error. Because it was permissive, the plaintiff needed to comply with statutory procedural notice protocols, which the plaintiff failed to do. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Benchmark Litigation Recognizes Andrea DeField Among Nation’s Top Young Litigators

September 08, 2026 — Hunton Insurance Recovery Blog
Hunton’s insurance coverage team is proud to celebrate the recognition of Andrea DeField on Benchmark Litigation’s 2026 40 & Under List, an annual ranking that highlights the nation’s leading litigators age 40 and under. Andrea was one of only six Hunton lawyers selected and was recognized in the South region. Benchmark Litigation’s 40 & Under List honors attorneys who have distinguished themselves through significant case work, client feedback, and peer review. This honor reflects Andrea’s reputation as one of the country’s leading policyholder-side insurance recovery litigators and her standing as a trusted advisor to companies facing some of today’s most complex insurance and risk management challenges. As head of Hunton’s cyber insurance practice, Andrea has built her career helping companies manage risk and maximize insurance recovery. Her practice spans the full spectrum of insurance-related issues, from advising clients on contractual risk transfer and insurance program design to representing policyholders in high-stakes coverage and bad faith disputes. She has guided clients through some of the most complex and widely publicized losses in recent years and helps companies recover under a broad range of insurance products, including D&O, professional liability, crime, property, cyber, and general liability policies. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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The ROI of Estimating Accuracy in Preconstruction

September 15, 2026 — Aaron Kivett - Construction Executive
Precision is the foundation of profitability in construction. Even minor quantity or pricing mistakes can swing bids anywhere from 5-15%, leading to project delays, unprofitable jobs or margin erosion through change orders. And worse, these losses can damage client trust and jeopardize long-term relationships that drive repeat business and future bids. Consistently estimating accurately builds confidence, speeds up bidding and positions your company to win more profitable projects. Estimating accuracy is where profit is either protected or lost. In construction, you make your biggest financial decisions before a project ever starts. Once a bid is won, most of the project’s cost structure is locked in. If the estimate is wrong, no amount of execution can fully fix those mistakes. That makes estimating accuracy a business issue, not just an operations issue. Reprinted courtesy of Aaron Kivett, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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No Ink, No Problem: When Employees and Agents Can Enforce Arbitration Agreements

August 11, 2026 — Jordan Heath & Jacob Morrison - ConsensusDocs
Arbitration is a fundamental component of modern construction contracting. Many in the industry recognize the potential benefits and protections arbitration can provide to the business in the event of a dispute. But an important question many contracts do not address is: who does the arbitration agreement cover? Does it include the business entity only, or the individuals acting on behalf of the entity? As courts have long recognized, entities can generally only act through their employees, representatives, or agents.[1] This article discusses the circumstances in which an agent may rely on an arbitration provision entered by its employer. This is known as the agency doctrine. Reprinted courtesy of Jordan Heath, Associate, Jones Walker LLP and Jacob Morrison, Law Student University of Georgia, Jones Walker LLP Read the full story...
Mr. Heath may be contacted at jheath@joneswalker.com

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Additional Insureds Obligated to Meet Self-Insured Retention

October 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court found that the additional insureds had to meet the policy’s self-insured retention before a duty to defend was triggered. Amerisure Ins. Co. v. Premier Design & Build Group, LLC, 2026 U.S. Dist. LEXXIS 170741 (N.D. Ill. July 31, 2026). Amerisure issued CGL and umbrella policies to Premier Design & Build Group, LLC. Amerisure had the right and duty to defend in certain suits for property damage under both policies. Premier contracted with MG East, LLC (MGE) to build three buildings. After the buildings were constructed, MG filed suit against Premier in state court, seeking recovery for allegedly defective installation of the roof, flashing, and gutters on each of the buildings. Premier had subcontracted with Tecta American Sough Florida, Inc. to install the flashing. 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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White and Williams LLP Secures a Clean Sweep Dismissal of Architect's Professional Liability Coverage Lawsuit

August 16, 2026 — Daniel E. Bryer & Brendaliz Minaya Ruiz - White and Williams LLP
White and Williams LLP achieved a complete dismissal of professional liability coverage claims through a strategic defense led by Insurance Coverage and Bad Faith Practice Group attorneys Daniel E. Bryer, Partner and Brendaliz Minaya Ruiz, Associate. In a nuanced action styled, Vincent Cusumano Architect P.C., et al. v. Berkshire Hathaway Direct Insurance Company, et al., decided in the U.S. District Court for the District of New Jersey, plaintiffs asserted twelve pre-contractual and contractual-based causes of action against their liability insurer, Berkshire Hathaway Direct Insurance Company, and its insurance agent (collectively, “Defendants”) for denying a professional liability claim arising from plaintiffs’ prior work. Reprinted courtesy of Daniel E. Bryer, White and Williams LLP and Brendaliz Minaya Ruiz, White and Williams LLP Mr. Bryer may be contacted at bryerd@whiteandwilliams.com Ms. Ruiz may be contacted at minayaruizb@whiteandwilliams.com Read the full story...

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