Cassoday Kansas Construction Expert Witness Directory

New York Enacts First-in-the-Nation Statewide Data Center Moratorium

August 03, 2026 — Joshua L. Sturtevant - Sheppard
As of May 2026, nearly 12 gigawatts of data center load requests were in the New York Independent System Operator interconnection queue, with more than two-thirds of capacity requests entering the queue in 2025 alone. On July 14, 2026, in response to concerns over this rapid growth, Governor Kathy Hochul issued Executive Order No. 62 (the “Order”) imposing a temporary moratorium on data centers in New York State. Among the concerns cited in the Order are the cost burden on ratepayers associated with transmission upgrades required to accommodate large loads, potential environmental impacts, and large-scale water use. The moratorium is intended to halt activities while the state government develops a comprehensive legal framework for data center development. While dozens of municipal and county-level moratoriums are in place throughout the U.S., and while the legislatures of several states, including Maine, have proposed moratoriums, the Order is the first statewide moratorium to be enacted nationally. Read the full story...
Reprinted courtesy of Joshua L. Sturtevant, Sheppard
Mr. Sturtevant may be contacted at jsturtevant@sheppard.com

AI & Digital Tools on Construction Projects: Contract Risks to Address Before Peak Season

April 08, 2026 — Meghan Douris - The Construction Seyt
Artificial intelligence and advanced digital tools are no longer experimental on construction projects. In Q1 of 2026, we can already see how they are already influencing schedules, estimates, submittals, safety reporting, and day‑to‑day project documentation. As peak construction season approaches, many teams are accelerating adoption of AI to gain efficiency. What often lags behind, however, is the contract framework governing how those tools are used—and how their outputs are treated when something goes wrong. On sophisticated construction projects, that gap can quickly become a dispute driver. Read the full story...
Reprinted courtesy of Meghan Douris, Seyfarth Shaw LLP
Ms. Douris may be contacted at mdouris@seyfarth.com

Protect Your Projects By Identifying and Controlling Hidden Contract Risks

March 10, 2026 — Larry Borda & Daniel Lund III - JD Supra
In a recent webinar entitled “Spreading the Risk and Avoiding Killer Contract Clauses,” Phelps lawyers Daniel Lund and Larry Borda examined contractual provisions that most often expose construction professionals to unexpected financial and legal risk. While construction contracts may appear routine, each contract serves as the primary mechanism for managing, allocating, and mitigating risk among parties involved in complex projects—often valued in the hundreds of millions or billions of dollars. When parties fail to fully understand the terms they sign, costly and avoidable consequences frequently follow. Contracts as Risk-Transfer Instruments Construction contracts are the primary method for transferring risk. While contracts authorize work and define scope, they also allocate responsibility for the risks inherent in construction projects. Some may imagine a world where a one-page agreement and a set of plans would suffice. In reality, modern construction requires detailed agreements—particularly provisions designed to anticipate problems, distribute burdens and reduce disputes. Reprinted courtesy of Larry Borda, Phelps and Daniel Lund III, Phelps Mr. Borda may be contacted at larry.borda@phelps.com Mr. Lund may be contacted at daniel.lund@phelps.com Read the full story...

Integration Can Inoculate in Utah

July 20, 2026 — Mark O. Morris - Snell & Wilmer
The Utah Court of Appeals recently reaffirmed, in the construction context, Utah’s strict approach to enforcing integration clauses to preclude parol evidence and other legal theories that would vary the written terms of a contract. In Reid v. All Surface LC, 2025 UT App 134, decided last September, the court affirmed in all respects the trial court’s grant of summary judgment based on the strength of an integration clause against a homeowner who sued a contractor for breach of contract, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation, civil conspiracy, negligence, and breach of the implied warranty of habitability. More recently, however, the same court rejected those same arguments in Tidwell v. Jensen, 2026 UT App 13 as to tort claims arising from a used car sale. The facts in Reid were sympathetic to the plaintiff. After being told she had a mold issue near a defective basement shower, the plaintiff solicited bids. A remediation contractor advised that while it could address the mold, the shower replacement should be handled by someone else. The plaintiff contacted All Surface LC, a shower replacement contractor. During an interview, the sales representative stated that All Surface could “do full mold remediation, tear everything out, and reframe the shower.” The plaintiff ultimately retained All Surface, expecting it would both resolve the mold issues and replace the shower. Read the full story...
Reprinted courtesy of Mark O. Morris, Snell & Wilmer
Mr. Morris may be contacted at mmorris@swlaw.com

Brandy Price, Dean Pillarella Named to Lawdragon's "Next Generation" List

June 22, 2026 — Lewis Brisbois
Charlotte/North Charleston Partner Brandy G. Price and New York Partner Dean Pillarella have been selected to "The 2026 Lawdragon 500 X – The Next Generation," which recognizes emerging leaders in law. Lawdragon's annual Next Generation listing highlights up-and-coming attorneys with fewer than 15 years in practice. The legal media company selected these honorees through a combination of peer nominations, extensive journalistic research by Lawdragon editors, and independent vetting. Read the full story...
Reprinted courtesy of Lewis Brisbois

Tariffs As Taxes — What Learning Resources, Inc. v. Trump Means for Contractors and the WSDOT Specifications

March 17, 2026 — Brett M. Hill - Ahlers Cressman & Sleight PLLC
In October 2025, we explored a pressing question for public works contractors: should post-contract award tariffs be reimbursable? The crux of that analysis was whether tariffs imposed after contract award constitute a tax under the Washington State Department of Transportation (WSDOT) Standard Specifications, triggering reimbursement under Section 1-07.1(5)B (“tax changes”). Since then, a landmark Supreme Court ruling in Learning Resources, Inc. v. Trump has clarified the legal nature of tariffs in a way that could significantly affect this debate. In Learning Resources, Inc. v. Trump, 607 U.S. (2026), the U.S. Supreme Court addressed whether the President had the authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose broad tariffs on imports. Read the full story...
Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
Mr. Hill may be contacted at brett.hill@acslawyers.com

Ninth Circuit Affirms District Court’s Finding of No Coverage for Interior Leak

March 24, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying California law, the Ninth Circuit affirmed the district court’s finding that water damage caused by a leaking pipe over time was not covered under the insured’s homeowners’ policy. Mojica v. State Farm General Ins. Co., 2025 U.S. App. LEXIS 32405 (9th Cir. Dec. 11, 2025). A small hole, slightly larger than a pen tip in size, developed in a pressurized hot water pipe. The resulting leak lasted for nearly six days and released enough water to saturate and ruin all the subflooring and flooring in the insureds’ home. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy

March 10, 2026 — Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & Wilmer
On February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA. For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.” Reprinted courtesy of Brett W. Johnson, Snell & Wilmer, Derek Flint, Snell & Wilmer, T. Troy Galan, Snell & Wilmer and Thomas Williams, Snell & Wilmer Mr. Johnson may be contacted at bwjohnson@swlaw.com Mr. Flint may be contacted at dflint@swlaw.com Mr. Galan may be contacted at tgalan@swlaw.com Mr. Williams may be contacted at twilliams@swlaw.com> Read the full story...

CASSODAY KANSAS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES