OLATHE KANSAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Wilke Fleury Attorneys Recognized by 2026 Northern California Super Lawyers and Rising Stars!

July 20, 2026 — Wilke Fleury
Wilke Fleury is pleased to announce that 18 of the firm’s attorneys have been selected for inclusion on the 2026 Northern California Super Lawyers and Rising Stars lists. The annual Super Lawyers and Rising Stars selections recognize attorneys across a wide range of practice areas. This year’s honorees reflect the depth of Wilke Fleury’s litigation, business, healthcare, employment, bankruptcy, appellate, real estate, construction, and estate planning practices. Read the full story...
Reprinted courtesy of Wilke Fleury

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Tampa Team Obtains Highly Favorable Verdict for Property Owner Client in Lawsuit over Traffic Accident

March 24, 2026 — Lewis Brisbois Newsroom
Tampa Managing Partner John Rine and Partner Nick Dareneau obtained a very favorable verdict for their property owner client in a Sarasota County trial in a lawsuit arising from a traffic accident. At the end of closing arguments, plaintiff’s counsel requested appropriately $18 million from the jury. The jury returned a net verdict of just over a thousand dollars. The plaintiff was on a scooter and was involved in an accident with an SUV in a parking lot intersection. Our firm represented the property owner. The plaintiffs argued that the landscape vegetation was too tall and violated the sight lines of the two drivers, and that the height of the shrubbery violated the owner’s landscaping contract and a local sight line ordinance. They also argued that the intersection lacked a stop sign in contrast to the other six parking lot entrances, which had stop signs. Read the full story...
Reprinted courtesy of Lewis Brisbois

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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

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A New Vision for Safety: Construction Safety Week’s Five-Year Plan

February 17, 2026 — Adam Jelen - Construction Executive
Construction Safety Week has long been a powerful show of force—a catalyst for bringing the industry together and focusing on the critical importance of health and safety. Over the last decade, we’ve made meaningful strides: advancing best practices, transitioning from hard hats to helmets, shedding light on vital issues such as mental health, fostering a culture of care and accountability and creating partnerships and initiatives that improve jobsite safety. Building on the progress we’ve made, we’ve launched a bold five-year vision to bring everyone together with trust and respect and to drive alignment in how safety is understood, owned and engineered at every step of the project. This is an industrywide effort to further deepen the culture of care centered around respect for the skilled craft and through all aspects of a project where all team members share this responsibility, this respect, across every phase: design, planning, construction and beyond. Reprinted courtesy of Adam Jelen, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Anti-Concurrent Causation Clause Prevents Coverage for Collapse

April 27, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The appellate court affirmed the decision of the trial court granting summary judgment to the insurer after agreeing that the policy’s anti-concurrent causation clause barred coverage. Lido Hospitality, Inc. v. AIX Specialty Ins. Co., 2026 Iii. App. Unpub. LEXIS 133 (Ill. Ct. App. Jan. 27, 2026). One of the brick veneer walls of the Lido Motel collapsed during a windstorm. Lido reported the loss it its insurer, AIX. AIX investigated and determined that the brick veneer collapsed due to pervasive wear and tear and corrosion of the underlying infrastructure that secured the veneer- specifically the components that anchored or tied the masonry veneer to the underlying wooden substrate. 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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Traub Lieberman Recognized in the 2026 Edition of Chambers USA

June 29, 2026 — Traub Lieberman
In the 2026 edition of Chambers USA, Traub Lieberman has been awarded rankings in the following categories: Illinois – Insurance: Dispute Resolution: Insurer In the Chambers research, clients noted: "The team are technically very strong, responsive, and on top of their cases." Florida – Insurance: Dispute Resolution: Insurer In the Chambers research, clients noted: "Traub Lieberman Straus & Shrewsberry distinguishes itself through a combination of deep subject-matter expertise, responsiveness, and practical risk-management orientation." Commenters went on to say: “The team has deep knowledge of Florida property insurance statutes, regulations and case law, enabling effective handling of disputes, appeals and third-party litigation." Read the full story...
Reprinted courtesy of Traub Lieberman

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Real Estate & Construction News Roundup (4/1/26) – President Trump’s EO Affects Federal Funding, Fannie Mae Accepts Crypto-Backed Mortgages, Private Sector Construction Weakness Offsets Public Sector Gains

April 08, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, California to pursue office-to-housing conversions, hoteliers to increase investment in artificial intelligence, private credit exodus to boost commercial real estate capital, and more!

• President Donald Trump’s executive order to remove regulatory barriers to affordable home construction could affect federal funding for cities and states that don’t follow what the order calls “regulatory best practices,” including faster permitting, fewer green building mandates and relaxed limits on exurban development. (Robyn Griggs Lawrence, Multifamily Dive)
• California state policymakers have been pursuing policy changes that remove barriers to converting older commercial buildings into housing. (Keith Loria, Construction Dive)
• Private sector weakness largely offset modest gains in public construction spending, despite data center gains. (Sebastian Obando, Construction Dive)

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

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Insured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss Provision

May 05, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insured’s motion for summary judgment finding genuine issues of fact regarding implication of the policy’s ensuing loss provision. Stella Prop. Dev.. & Event Productions, LLC v. Auto-Owners Ins. Co., 2026 U.S. Dist. LEXIS 15854 (W.D. Pa. Jan. 28, 2026). Stella owned a cultural center that was insured under a commercial property all-risk policy issued by Auto-Owners. A windstorm with gusts of 65 miles per hour struck the Center causing damage. The Center’s inspector found extensive wind damage on nearly all facets of the roof. Further, the inspector found the existing organic shingles were in “very poor condition” and were “defective, discontinued, and no longer available.” The estimated cost of repairs to the roof was $108,010.52. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.comCongr
New Jersey’s Independent Contractor Rule

Notice of Claim Sufficient to Invoke Coverage

Wisconsin Supreme Court Abandons "Integrated Systems Analysis" for Determining Property Damage

Foreman in Fatal NYC Trench Collapse Gets Jail Sentence

MetLife Takes Majority Stake in New San Francisco Office Tower

2016 Hawaii Legislature Enacts Five Insurance-Related Bills

Court Strikes Down Reasonable Construction Defect Settlement

Insureds Prevail on Summary Judgment Addressing Responsibility for Water Leak

Court Agrees to Stay Coverage Matter While Underlying State Action is Pending

New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments

Contractors: Beware the Subordination Clause

From Waste to Wealth: Texas Supreme Court Ruling in Cactus Water Defines Produced Water Ownership, Sets Stage for Clarity on Critical Mineral Markets in Texas

Colorado House Bill 19-1170: Undefined Levels of Mold or Dampness Can Make a Leased Residential Premises Uninhabitable

Business Risk Exclusions Bar Faulty Workmanship Claim

Colorado’s Three-Bill Approach to Alleged Construction Defect Issues

The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona

Freddie Mac Eases Mortgage Rules to Limit Putbacks

Exponential Acceleration—Interview with Anders Hvid

Lumber Liquidators’ Home-Testing Methods Get EPA Scrutiny

Chicago Developer and Trade Group Sue City Over Affordable Housing Requirements

Finding an "Occurrence," Appellate Court Rules Insurer Must Defend

Measure of Damages for a Chattel Including Loss of Use

A Lawyer's Perspective on Current Issues Dominating the Construction Industry

16 Wilke Fleury Attorneys Featured in Sacramento Magazine 2021 Top Lawyers!

Scarce Cemetery Space Creates Prices to Die For: Cities

Amid the Chaos, Trump Signs Executive Order Streamlining Environmental Permitting and Disbands Infrastructure Council

DC Circuit Issues Two Important Clean Air Act and Administrative Law Decisions

Termination for Convenience Clauses: Maybe More Than Just Convenience

New York Construction Practice Team Obtains Summary Judgment and Dismissal of Labor Law Claims

California Supreme Court Finds Negligent Supervision Claim Alleges An Occurrence

Designers George Yabu and Glenn Pushelberg Discuss One57’s Ultra-Luxury Park Hyatt

Meet Daniel Hall, Assistant Professor at TU Delft

Court Rejects Anti-SLAPP Motion in Construction Defect Suit

Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation

Sales of Existing U.S. Homes Unexpectedly Fell in January

Musings: Moving or Going into a New Service Area, There is More to It Than Just…

U.S. Firm Helps Thais to Pump Water From Cave to Save Boys

Billion-Dollar Power Lines Finally Inching Ahead to Help US Grids

In Personal Injury Actions, Prejudgment Interest on Costs Not Recoverable

San Diego: Compromise Reached in Fee Increases for Affordable Housing

Construction Contract Basics: Attorney Fee Provisions

No Indemnity Coverage Where Insured Suffers No Loss

Lien Actions Versus Lien Foreclosure Actions

Scientists Are Trying to Make California Forests More Fire Resilient

Contractor Owed a Defense

Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

Yet Another Reminder to ALWAYS Show Up for Court

Policy's Limitation Period for Seeking Replacement Costs Not Enforced Where Unreasonable

Back to Basics: What is a Changes Clause?

Insurer's Motion to Compel Inspection Denied
an itemprop="name">Changes to Comprehensive Insurance Disclosure Act in New York Introduced

Application of Set-Off When a Defendant Settles in Multiparty Construction Dispute

Mold Due to Construction Defects May Temporarily Close Fire Station