LANE COUNTY KANSAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

On Checks and Balances

March 03, 2026 — Garret Murai - California Construction Law Blog
It’s called “checks and balances” for a reason. And, generally, it works well so long as there are clear boundaries between the “co-equal” branches of government. In Associated General Contractors of California, Inc. v. Department of Industrial Relations, 108 Cal.App.5th 243 (2025), the 3rd District Court of Appeals upheld a set of regulations issued by the California Apprenticeship Council that contradicted an earlier 2015 ruling of the Court of Appeals. The Associated General Contractors of California Case At issue in the case was California’s Prevailing Wage Law which requires public works contractors to hire a certain ratio of apprentices. The purpose of the apprenticeship requirements is to maintain the pipeline of skilled tradespeople on taxpayer-funded projects. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Recovering Attorney’s Fees and Arguing the Fees Are Inextricably Intertwined

December 02, 2025 — David Adelstein - Florida Construction Legal Updates
Attorney’s fees are a big part of any dispute. And the attorney’s fees should be because fees are a factor and can ultimately drive the outcome of a dispute. No one wants to spend $100,000 in fees to recover $100,000, so the conversation regarding attorney’s fees needs to be had early. Generally, a party can recover reasonable attorney’s fees if authorized by contract or by statute. So, there would need to be a prevailing party attorney’s fees provision in a contract, if suing on a contract, or there would need to be a statute authorizing the recovery of attorney’s fees, if suing on a statute. Then, there is authority that the party still needs to prevail on the significant issues in the dispute, as determined by the trial court (or binding arbitrator), in order to be the prevailing party for purposes of attorney’s fees. (Absent that, you are dealing with a proposal for settlement to create a procedural basis to recover fees, which is explained here.) Reasonable attorney’s fees, however, does not mean you will recover 100% of your attorney’s fees. Some percentage will presumably be discounted meaning becoming 100% whole when factoring in attorney’s fees is not always a practical outlook. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Yet Another Reason That Your Contract Matters

February 10, 2026 — Christopher G. Hill - Construction Law Musings
I have discussed on several occasions the fact that construction contracts matter. The words in contracts matter and, in Virginia (as well as other states), most provisions, if not all will be enforced to the letter. Recently, the Western District of Virginia federal court ruled in a way that reminded me of another reason for a well-drafted contract. In Rockingham Precast, Inc. v. American Infrastructure – Maryland, Inc. the Western District of Virginia Court considered a motion to transfer the venue to Maryland filed by American Infrastructure. The plaintiff, Rockingham Precast, a Virginia-based company sued in Virginia. American Infrastructure conceded that VA could be a proper forum for the lawsuit but argued that the form was much too inconvenient and costly for the party and non-party witnesses and that the cost made the forum an unfair place to try the case. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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CEO: Power Isn’t the Only Electrical Challenge for AI Data Centers

April 14, 2026 — Francesco "Frio" Iorio - Engineering News-Record
Everyone knows that data centers are voracious consumers of electricity. In fact, the U.S. is currently scrambling to meet unprecedented levels of power demand not seen since the early days of electrification and the widespread adoption of air conditioning. Read the full story...
Reprinted courtesy of Francesco "Frio" Iorio, Engineering News-Record
ENR may be contacted at enr@enr.com

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Seven Kahana Feld Attorneys Selected to 2025 New York Metro Super Lawyers Lists

November 18, 2025 — Eva Paulson - Kahana Feld
NEW YORK - Oct. 30, 2025 - Kahana Feld is pleased to announce that Tim Capowski was included in the 2025 edition of New York Metro Super Lawyers and Sean Harriton, Rachael Marvin, Sarah Pavlini, Mariah Smith, Christopher Theobalt, and Sofya Uvaydov were included in New York Metro Rising Stars. 2025 New York Metro Super Lawyers Tim Capowski was awarded for his work in Appellate Law. Capowski is a partner at Kahana Feld and chair of the firm’s National Appellate Litigation & Consulting Group. He has spent the better part of three decades at the forefront of the insurance defense bar. He has litigated hundreds of appeals and thousands of motions in state and federal and appellate courts throughout New York and around the country. He handles a variety of complex litigation including catastrophic property and casualty claims, construction defect, professional liability, labor and employment law, mass torts, insurance coverage, and more. Read the full story...
Reprinted courtesy of Eva Paulson, Kahana Feld
Ms. Paulson may be contacted at epaulson@kahanafeld.com

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Managing Tariff Volatility in Cross‑Border U.S. Construction Projects: Practical Contract‑Drafting and Procurement Strategies

March 10, 2026 — Sara Beiro Farabow & Michael Wagner - The Construction Seyt
Volatile U.S. tariff announcements continue to affect international supply chains for U.S. construction projects. Although recent litigation has centered on the scope of presidential tariff authority rather than construction‑specific disputes, these decisions carry important implications for how parties structure risk in their contracts. In May 2025, the U.S. Court of International Trade (CIT) struck down certain “Liberation Day” tariffs as exceeding presidential authority under IEEPA. A federal district court in Washington, D.C. likewise issued a preliminary injunction suspending related tariffs—though it later stayed its own order pending appeal. And the Supreme Court has agreed to review cases addressing the legal limits of IEEPA‑based tariffs. While none of these developments arises from construction disputes, the themes they highlight—timing, statutory authority, and documentation—mirror the issues encountered when tariff conditions disrupt international procurement. The following strategies reflect practical steps U.S. project owners, contractors, and foreign suppliers can take to mitigate risk, drawing on drafting approaches now widely used across major construction forms, including—but not limited to—modified AIA agreements. Reprinted courtesy of Sara Beiro Farabow, Seyfarth Shaw LLP and Michael Wagner, Seyfarth Shaw LLP Ms. Farabow may be contacted at sfarabow@seyfarth.com Mr. Wagner may be contacted at mewagner@seyfarth.com Read the full story...

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Chambers Global 2026 Recognizes Sheppard Practices and Attorneys

March 03, 2026 — Sheppard
Sheppard has been recognized by Chambers Global 2026 in the following practice areas:

• Privacy & Data Security in the United States
• Projects: Power & Renewables: Transactional in the United States
• Projects: Renewables & Alternative Energy in the United States

Additionally, the following Sheppard partners have been recognized by Chambers Global 2026:

• Justin Boose (Projects: Renewables & Alternative Energy – USA)
• Will Chen (Intellectual Property: International Firms – South Korea)
• David Chun (Intellectual Property – South Korea)

Read the full story...
Reprinted courtesy of Sheppard

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UPDATED: Dominion Sues Feds Over Offshore Wind Project Halt, With Action Possible on Others Shut

February 02, 2026 — Debra K. Rubin - Engineering News-Record
UPDATED: Dominion Energy filed a federal lawsuit Dec. 23 in Norfolk, Va. against the U.S. Interior Dept. immediate construction pause order for its 2.6-GW Coastal Virginia Offshore Wind energy project (CVOW) off Virginia Beach, Va., which it developing to begin operation next year. The project is one of five large East Coast offshore wind projects under construction that the federal agency paused, claiming new "national security" risks. Dominion and OSW Project LLC, the entity that includes project co-owner Stonepeak Partners, a private investor, said they seek a temporary restraining order. Read the full story...
Reprinted courtesy of Debra K. Rubin, Engineering News-Record
Ms. Rubin may be contacted at rubind@enr.com

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