Luxemburg Iowa Construction Expert Witness Directory

Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal

June 08, 2026 — Andrea DeField, Machaella Reisman & Cary D. Steklof - Hunton Insurance Recovery Blog
The mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer. Delay to Run the Statute of Limitations Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage. Reprinted courtesy of Andrea DeField, Hunton Andrews Kurth LLP, Machaella Reisman, Hunton Andrews Kurth LLP and Cary D. Steklof, Hunton Andrews Kurth LLP Ms. DeField may be contacted at adefield@hunton.com Ms. Reisman may be contacted at reismanm@hunton.com Mr. Steklof may be contacted at csteklof@hunton.com Read the full story...

Texas Voids Out-of-State Forum and Choice of Law Clauses in Construction Contracts

March 17, 2026 — Conor G. Bateman - Snell & Wilmer
The Texas Legislature amended statutes impacting construction contracts for projects located in Texas to declare any forum selection clause or choice of law provision “void as against public policy,” and mandate venue for any litigation or arbitration shall be in the Texas county in which the work is performed. The parties may stipulate to a different venue only after the dispute arises. Forum selection clauses and choice of law provisions are common in construction contracts. Frequently, general contractors based in other jurisdictions require subcontractors to sign contracts designating the contractor’s preferred venue for any dispute. These contracts may also select the law of another state to govern the contract. Read the full story...
Reprinted courtesy of Conor G. Bateman, Snell & Wilmer
Mr. Bateman may be contacted at cbateman@swlaw.com

Inaccurate Representations Can Lead to Differing Site Conditions Claim

May 26, 2026 — David Adelstein - Florida Construction Legal Updates
In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor. Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978). The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Groundbreaking New York Law Regulates Third-Party Litigation Funding for the First Time

February 02, 2026 — Nicholas P. Hurzeler - Lewis Brisbois
On December 19, 2025, New York Governor Kathy Hochul signed the Consumer Litigation Funding Act (A804-C/S1104A) into law. The new statute takes aim at abusive third-party litigation funding practices statewide. For years, the unregulated "lawsuit loan" industry has acted as a silent inflator of claim values, forcing plaintiffs to reject reasonable settlement offers in order to pay back exorbitant interest. The new regulatory framework, effective June 17, 2026, introduces caps and transparency measures that may help stabilize settlement negotiations and curb artificially inflated demands. The law does not apply to contracts made before its effective date. Below are some of its most important provisions. Read the full story...
Reprinted courtesy of Nicholas P. Hurzeler, Lewis Brisbois
Mr. Hurzeler may be contacted at Nicholas.Hurzeler@lewisbrisbois.com

CA Civil Code § 8850: What Private Multi-state Owners and Developers Building in California in 2026 Need to Know

January 26, 2026 — Anand Gupta - Construction Law Zone Blog
Owners and developers building in California must be aware of a new statute, CA Civil Code § 8850, which takes effect for contracts entered into, on, and after January 1, 2026. The statute will likely apply to most private construction projects; however, a carve-out exists for residential projects that are not mixed use and are four stories or less. When a contractor—or, with proper authorization, a subcontractor—submits a claim related to payment, time extensions, damages, or change orders (encompassing the majority of construction disputes), the owner must provide a written response within 30 days. This response must clearly state which portions of the claim are disputed and which are not. The owner has 60 days from the date of its response to issue payment for those undisputed amounts. Late payments will accrue interest at a rate of two percent per month. Read the full story...
Reprinted courtesy of Anand Gupta, Robinson & Cole
Mr. Gupta may be contacted at agupta@rc.com

Global Insights Center: Monthly Newsletter

June 15, 2026 — Global Insights Center Staff - The Hartford
May in Review Last month, inflation moved higher, with Consumer Price Index (CPI) inflation rising to 3.8% year over year, up from 3.3% the prior month. The increase was driven primarily by energy prices, particularly gasoline, reflecting ongoing disruptions tied to the Middle East conflict. Labor market data were broadly stable. The unemployment rate remained unchanged at 4.3%, wage growth increased modestly to 3.6%, while job growth continued to be geographically concentrated in the Southern states, particularly cities in Texas. On an occupational basis, healthcare once again led job gains, especially in home health services, a trend we have consistently highlighted. Business formations increased during the month, with notable strength in e commerce and digital services firms. Manufacturing activity also improved, particularly in semiconductors, IT equipment, and natural gas–related energy infrastructure. Read the full story...
Reprinted courtesy of Global Insights Center Staff, The Hartford

Reminder: You Can’t Make Others Indemnify You for Your Own Actions

January 13, 2026 — Christopher G. Hill - Construction Law Musings
I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case, Sauer Construction, LLC v. MC3 Solutions, LLC et al. In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Moving in Before Substantial Completion? The Risks of Early Owner Occupancy

March 24, 2026 — Sydney Koby - ConsensusDocs
Introduction On many construction projects, particularly large projects facing schedule pressure, owners may begin occupying or using portions of the project before the work reaches substantial completion. This is often due to operational needs, phased turnover, or market demands that drive owners to take possession of all or part of a project while construction activities are ongoing. While early occupancy may seem practical, it can blur the lines of responsibility between owner and contractor and can create significant legal and practical complications. These disputes are especially common on large, complex projects where punch list work, system commissioning, and closeout activities overlap with owner use. Without clear documentation and carefully drafted contract provisions, early occupancy can undermine an owner’s ability to enforce completion requirements while simultaneously exposing the contractor to claims of delay, inefficiency, or interference. Read the full story...
Reprinted courtesy of Sydney Koby, Jones Walker
Ms. Koby may be contacted at skoby@joneswalker.com

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