WINDFALL INDIANA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Wilke Fleury is proud to congratulate attorneys recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America.

September 15, 2026 — Wilke Fleury
The Best Lawyers in America®: Dan Egan, Daniel Foster, David Frenznick, and George Guthrie. Best Lawyers: Ones to Watch® in America: Islam M. Ahmad, Kathryne Baldwin, Melissa Eaton, Jason Eldred, and Mustafa Karim. Congratulations to this outstanding group! Read the full story...
Reprinted courtesy of Wilke Fleury

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World's Longest Immersed Tunnel Passes Milestone, But Faces Delays

August 03, 2026 — James Leggate - Engineering News-Record
Work on the $8-billion Fehmarnbelt Tunnel, which is planned to link Germany and Denmark as the world’s longest immersed tunnel, is progressing as crews achieved a milestone last month with the successful immersion of its first precast concrete element. But Danish state-owned project owner Femern A/S says the plan is now running at least two years behind schedule and the tunnel’s road and rail portions will open in two separate stages. Read the full story...
Reprinted courtesy of James Leggate, Engineering News-Record
Mr. Leggate may be contacted at leggatej@enr.com

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Jenny Michel Named Top Lawyer by Acadiana Profile Magazine

June 29, 2026 — Lewis Brisbois
Lafayette Managing Partner Jenny Michel has been named to Acadiana Profile magazine’s 2026 Top Lawyers list for Insurance Law. The annual list honors excellence across several practice areas. To select attorneys for its Top Lawyers list, Acadiana Profile works with a research firm that conducts a peer-review survey of attorneys in the Acadiana, Louisiana region. The attorneys nominate fellow professionals who they consider the best in their field of practice. Ms. Michel is co-chair of the London Market Group, the Pollution Legal Liability/Environmental Impairment Liability (PLL/EIL) practice, and the Energy, Marine & Power practice. She has worked with London insurers her entire career. Licensed in both Louisiana and Texas, she leads a team of experienced attorneys focused on marine, both traditional and alternate energy, onshore and offshore property, trucking and environmental insurance coverage and bad faith claims, excess monitoring, advice and litigation, both at the trial and appellate levels. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Insurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm

May 26, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026). The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for roof damage and various interior damage to property. The insureds also argued that Westchester’s actual cash value (ACV) payment did not reflect the fully insured loss. The insureds sued and Westchester moved for summary judgment. Westchester argued the roof damage was not covered because Hurricane Ian did not cause the damage. Westchester hired an engineer who determined the roof damage was not caused by wind from Hurricane Ian. Westchester pointed out that the insureds’ expert also found no wind damage on the roof. The insureds offered no other evidence suggesting the hurricane caused roof damage. Therefore, the insureds could not show that Westchester breached the policy by denying coverage. 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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Vacant Building Negates Coverage for Broken Pipe

September 01, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Michigan Court of Appeals found the insured was not covered for water damage because the commercial space was left vacant. Cherry Hill Recreation Center, Inc. v. Conifer Ins Co., 2026 Mich, App. LEXIS 5099 (Mich Ct. App. June 18, 2026). Alan Abbas purchased a bowling alley. Due to the onset of the COVID-19 pandemic and executive orders issued by the governor, Abbas was unable to operate the bowling center for several months. During the winter, Abbas allowed the thermostat to drop significantly, with the building expected to be around 43 degrees Fahrenheit. He later admitted the sprinkler system’s pipes were not protected against freezing. 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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Real Estate & Construction News Roundup (7/15/26) – The World Cup’s Effect on Commercial Real Estate, Megadeals Lift CRE Sales and Algorithmic Pricing Lawsuits Continue

July 27, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, DOT earmarks $1.73B in BUILD grants, federal housing bill becomes law, data center surge cools off, and more!

• Data center planning cooled off month over month from “extraordinary levels” to start the summer, while other areas of construction finally picked up a little steam. (Sebastian Obando, Construction Dive)
• The U.S. Department of Transportation announced $1.73 billion in 2026 BUILD grants covering 127 projects across 50 states, Washington, D.C., American Samoa, Guam and Puerto Rico. (Joe Bousquin, Construction Dive)
• As algorithmic pricing lawsuits continue to play out around the country, more apartment owners and managers have settled. (Julie Strupp, Multifamily Dive)

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

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Flatiron Said Disputed Concrete Mix Cost Millions on Large Caltrans Project

June 22, 2026 — Elaine Silver & Richard Korman - Engineering News-Record
For awhile in 2023, part of the California Dept. of Transportation's (Caltrans) Fix 50 HOV lane and resurfacing project in Sacramento itself needed to be fixed. Reprinted courtesy of Elaine Silver, Engineering News-Record and Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

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Insufficient Notice of Commencement and Construction Lien Rights

August 03, 2026 — David Adelstein - Florida Construction Legal Updates
When a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice to Owner company will typically rely on the Notice of Commencement to serve Notices to Owners from lower tiers not in contract with the owner. However, when it comes to preparing the lien, a lienor should look beyond just the Notice of Commencement and also look to the property appraiser’s website as a backstop. In a recent case, a window company had the homeowner sign the Notice of Commencement and then filled in the information. The company naturally did this for the convenience of the homeowner that probably was unfamiliar with the Notice of Commencement process. Regardless, information in the Notice of Commencement was inaccurate. It failed to include all the real property owners. Thus, when a payment dispute arose and a construction lien was prepared, it did not identify all of the real property owners. All of the real property owners were added later during the pendency of a lien foreclosure lawsuit. The trial court denied the lien because of the defective / insufficient Notice of Commencement — the lienor assumed the risk of error by filling out the information in the Notice of Commencement. The trial court further denied the lien holding that because the work did not commence within 90 days of the Notice of Commencement, the Notice of Commencement is void. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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