ELSMORE KANSAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

One Industry, One Goal: Construction Safety Week 2026

May 05, 2026 — Maggie Murphy - Construction Executive
Construction safety has long been a top priority across the industry. Yet fatality rates have remained stubbornly flat for more than a decade. Steven Carter, global health and safety director at Gilbane chair company for Construction Safety Week 2026—believes the industry has reached a pivotal moment. This year’s theme—”All In Together: Recognize. Respond. Respect.”—is a unified call to action for owners, designers, contractors and craft professionals around a shared, risk-based approach to preventing serious injuries and fatalities. In a recent interview with Construction Executive, Carter discusses why the industry must move beyond incremental improvements, how technology and AI can support better planning and what it will take to create a true culture of psychological safety on jobsites. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Kamran Salour Named to Los Angeles Times' 2026 Legal Visionaries List

June 02, 2026 — Lewis Brisbois
Orange County Partner and Data Privacy & Cybersecurity Practice Co-Chair Kamran Salour was named to the Los Angeles Times' 2026 Legal Visionaries list, which honors the most innovative attorneys in Southern California. In announcing this year's Legal Visionaries, the Times said that Mr. Salour and his co-honorees "distinguish themselves not only through skilleand results but through an unwavering commitment to their clients, their craft and the communities they serve." "Their paths – shaped by rigorous education, defining cases and purposeful leadership – offer a deeper perspective on what sets true standouts apart," the Times' announcement stated. "Together, these visionaries exemplify a forward-thinking approach to the law, elevating both their profession and the people who depend on it." Read the full story...
Reprinted courtesy of Lewis Brisbois

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The Firm Turns 16!

July 20, 2026 — Christopher G. Hill - Construction Law Musings
I have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks the 16th anniversary of my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and friends who followed me to solo practice and whom I have met since the firm’s founding on July 1, 2010. I also could not have made the transition and had the fun and success I have enjoyed over the past 16 years without the support of the best wife and family that any construction lawyer could want. Since the firm’s last anniversary, my youngest child (who was 7 when this journey began!) has graduated from N. C. State University with a fisheries and wildlife biology degree and is currently in Casper, Wyoming working for Wyoming Game & Fish, my second oldest is an assistant director of admissions at Appalachian State University in Boone, NC, and has celebrated his second wedding anniversary, and my oldest has celebrated her fifth marriage anniversary. Our home in Captiva, Florida continues its recovery from from Hurricane Ian and subsequent hurricanes. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill

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Course of Construction Exclusions and the CGL Policy

July 20, 2026 — Anna M. Perry, Rachel S. Kindseth & Nina Catanzaro - Saxe Doernberger & Vita, P.C.
I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC exclusions are not problematic because they are intended to prevent an overlap in coverage between the general liability policy and first-party property Builder’s Risk policy. However, because General Liability policies and Builder’s Risk policies provide coverage for different risks, COC exclusions can create a gap in coverage for owners and contractors. Therefore, any exclusion on a wrap-up or project specific policy that limits coverage for property damage liability should be scrutinized, and amendments sought when warranted and commercially achievable, for owners, developers and contractors because General Liability policies do not cover the same risk as that of a Builder’s Risk policy. General liability policies provide defense and indemnity to the insured(s) for claims made by a third-party against the insured. Broad COC exclusions serve to preclude coverage for all property damage, not just property damage to the insured project. This includes property damage to property other than the insured project, e.g. an adjacent property. On the other hand, Builder’s Risk policies provide first-party property coverage for direct physical loss to the project during the course of construction. The Builder’s Risk policy will not provide coverage for property other than the project itself (e.g., adjacent property) and it will not provide a defense or indemnity in the event the owner of the damaged property brings a claim against a potentially at-fault party. Reprinted courtesy of Anna M. Perry, Saxe Doernberger & Vita, P.C., Rachel S. Kindseth, Saxe Doernberger & Vita, P.C. and Nina Catanzaro, Saxe Doernberger & Vita, P.C. Ms. Perry may be contacted at APerry@sdvlaw.com Ms. Kindseth may be contacted at rkindseth@sdvlaw.com Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com Read the full story...

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Doctrine of Substantial Performance When It Comes to Payment

July 27, 2026 — David Adelstein - Florida Construction Legal Updates
A recent non-construction case touches upon the doctrine of substantial performance when it comes to payment. In this case, a club was to make two payments to secure a rapper’s attendance. The first payment was made. The second payment was made but was a few hundred dollars short of the agreed amount. The rapper did not show up. The club claimed it substantially performed its obligations. At first glance, the argument makes sense because the second payment fell only a few hundred dollars short. But that wasn’t the case when it comes to pre-commencement payment obligations:

Substantial performance applies only when the variance from the contract terms “is inadvertent or unintentional and unimportant so that the work actually performed is substantially what was called for in the contract.” However, when one party agrees to pay the other on or before a specific date, time is of the essence, and the payor is required to pay the payee on or before that date. “There is almost always no such thing as ‘substantial performance’ of payment between commercial parties when the duty is simply the general one to pay. Payment is either made in the amount and on the date due, or it is not.”

Big Gate Records, LLC v. Washington, 51 Fla.L.Weekly D1281a (Fla. 2nd DCA 2026) (internal citations omitted).

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Snell & Wilmer Recognized Among the Top 10 Largest Law Firms in Orange County by the Orange County Business Journal for the Ninth Consecutive Year

April 27, 2026 — Snell & Wilmer
ORANGE COUNTY – Snell & Wilmer is pleased to announce that its Orange County office has been named the eighth largest law firm in Orange County on the Orange County Business Journal’s 2026 List of Law Firms. The office has been ranked among the top 10 largest law firms in the region by the Orange County Business Journal for nine consecutive years. “We are proud to once again be recognized among the top law firms in Orange County,” said Jonathan E. Frank, managing partner of the firm’s Orange County office. “This recognition is a testament to the outstanding attorneys and professionals in our Orange County office and the clients who trust us with their most important matters. Being ranked among the top 10 largest firms in the region for nine consecutive years reflects both the strength of our team and our deep commitment to serving the Orange County business community.” Read the full story...
Reprinted courtesy of Snell & Wilmer

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Achieving Sustainability Through Design Build Delivery: Part II – A Framework for Managing Sustainability Objectives on Private Commercial Construction

October 06, 2026 — Jennifer Harris, Tiffany Harrod & Joshua Pruett - ConsensusDocs
Part I of this series traced the history and development of sustainability in construction and explained why design-build (“DB”) contracting is particularly well suited to achieve sustainability objectives. But selecting DB contracting does not by itself ensure a sustainable outcome. The parties must define their sustainability objectives with precision, establish measurable performance criteria and identify who will measure compliance with the criteria, and also draft contract terms
Holding the Bag for Pre-Tender Defense Costs

Colorado “property damage” caused by an “occurrence” and exclusions j(5) and j(6) “that particular part”

The Case For Designers Shouldering More Legal Responsibility

Call Me Maybe: California’s Fair Claims Settlement Practices Regulations

Los Angeles Times Ranks Lewis Brisbois Third Largest Firm in LA County, Largest for Litigation

A Year-End Review of the Environmental Regulatory Landscape

More Hensel Phelps Ripples in the Statute of Limitations Pond?

The Best Laid Plans: Contingency in a Construction Contract

CA Homeowners Challenging Alternate Pre-Litigation Procedures

Construction Laws and Customs: District of Columbia

NYPD Investigating Two White Flags on Brooklyn Bridge

City in Ohio Sues Over Alleged Roof Defects

BWBO Celebrating Attorney Award and Two New Partners

“Time Is Money!” In Construction and This Is Why There Is a Liquidated Damages Provision

Do You Have an Innovation Strategy?

Colorado Court of Appeals Enforces Limitations of Liability In Pre-Homeowner Protection Act Contracts

Insureds' Experts Insufficient to Survive Insurer's Motion for Summary Judgment

San Diego Appellate Team Prevails in Premises Liability Appeal

Sometimes It’s Okay to Destroy Evidence

Contractor Changes Contract After Signed, Then Sues Older Woman for Breaking It

Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively

GRSM Partner Debra Ellwood Meppen Recognized as 2026 Legal Visionary by Los Angeles Times

Hiring the Right Expert For Your Construction Dispute

“Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire

Pandemic Magnifies Financial Risk in Construction: What Executives Can Do to Speed up Customer Payments

Construction Defect Fund Approved for Bankrupt Las Vegas Builder

Construction Defect Reform Dies in Nevada Senate

Constructive Suspension (Suspension Outside of an Express Order)

In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors

New Notary Language For Mechanics Lien Releases and Stop Payment Notice Releases

South Carolina Court of Appeals Diverges from Damico Opinion, Sending Recent Construction Defects Cases to Arbitration

Can’t Get a Written Change Order?
Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know

Team Temporarily Stabilizes Delaware River Bridge Crack

Newmeyer & Dillion Announces Three New Partners

Developer’s Fraudulent Statements Are His Responsibility Alone in Construction Defect Case

Fraud and Construction Contracts- Like Oil and Water?

First-Time Buyers Shut Out of Expanding U.S. Home Supply

Congratulations to BWB&O Partner John Toohey and His Fellow Panel Members on Their Inclusion in West Coast Casualty’s 2022 Program!

New LA Home Designs, Reimagined By Fire

How AI and Machine Learning Are Helping Construction Reduce Risk and Improve Margins

Soot Constitutes Property Damage

Teaming Agreements- A Contract to Pursue a Solicitation and Negotiate

Uniform Rules Governing New York’s Supreme and County Courts Get An Overhaul

Appetite for Deconstruction

Flow-Down Clauses Can Drown Your Project

California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”

California’s Wildfire Dilemma: Put Houses or Forests First?

Urban Digital Twins: How Virtual Cities Could Help Build Smarter Cities

Reminder: Your Accounting and Other Records Matter

2018 Update to EPA’s “Superfund Task Force Report”

Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

Texas Supreme Court: Breach of Contract Not Required to Prevail on Statutory Bad Faith Claim

Los Angeles Construction Sites May Be on Fault Lines

Communications between Counsel and PR Firm Hired by Counsel Held Discoverable

Jury Awards 20 Million Verdict Against Bishop Abbey Homes

Bert Hummel Appointed to Chief Justice’s Commission on Professionalism

Anticipatory Repudiation of a Contract — The Prospective Breach

Coverage Denied for Insured's Defective Product

Mississippi Sues Over Public Health Lab Defects

My Current Love-Hate Relationship with AI

Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes

White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2019

When Is an Arbitration Clause Unconscionable? Not Often

Reservation of Rights Letter Merely Citing Policy Provisions Inadequate

Landlords Challenge U.S. Eviction Ban and Continue to Oust Renters

Chambers USA Recognizes GRSM as 2026 Industry Leader

Putting 3D First, a Model Bridge Rises in Norway

Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule

Court of Appeal Shines Light on Collusive Settlement Agreements

Liability Insurer’s Duty To Defend Insured Is Broader Than Its Duty To Indemnify

Toolbox Talk Series: International Arbitration for the "Domestic" Construction Lawyer

University of California Earthquake Report Provides List of Old Concrete Buildings in LA

Make Sure to Properly Perfect and Preserve Construction Lien Rights

Updated Covid-19 Standards In The Workplace

Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract

Planned Everglades Reservoir at Center of Spat Between Fla.'s Gov.-Elect, Water Management District

Home Building Likely to Stick to Slow Pace

New York Court Enforces Construction Management Exclusion

Insurer in Bad Faith Due to Adjuster's Failure to Keep Abreast of Case Law

The Ghosts of Baha Mar: How a $3.5 Billion Paradise Went Bust

Follow the Dispute Resolution Provision(s) in Your Contract