Pottawatomie County Kansas Construction Expert Witness Directory

Time to Negotiate Limitation on Remedies and Damages Is on the Front End

February 10, 2026 — David Adelstein - Florida Construction Legal Updates
Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision whether you want to accept the bargains and risks. If you don’t, well, you can walk away. Move onto another deal. If you do, then you make the business decision as to the bargains or risk transfers and accept them moving forward. One of those bargains and risks deals with a limitation on damages and remedies. In a recent dispute dealing with the sale of an aircraft, there was a provision dealing with the buyer and seller’s remedies in the event of a breach. (Similar to a real estate transaction or other buyer-seller scenario.) “Contract section 10.4(a) stated that if the buyer defaulted, the seller’s “exclusive remedies” were to keep the aircraft and the buyer’s deposit. Section 10.4(b) stated that if the seller defaulted by “fail[ing] to deliver the [aircraft] in accordance with the terms of [the contract],” the buyer’s “sole remedies” were the seller’s reimbursement of the buyer’s inspection costs.” Sky Aviation Holdings, LLC v. Aviation Unlimited, 50 Fla.L.Weekly D2658c (Fla. 4th DCA 2025). As you can see, there was a limitation on the seller’s damages. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Virginia Multi-Employer Site Safety Issues–and How to Deal with Them

February 02, 2026 — Christopher G. Hill - Construction Law Musings
The world of the Owner, Contractor, Subcontractor “straight line” project model is long gone. Increasingly complex construction needs for commercial owners require the services of numerous trades, and even multiple “prime” contractors at times, to perform the various stages of construction. Because of the complex and multi-employer nature of the modern commercial worksite, as a contractor, you may no longer be responsible only for the safety of your own employees. Depending on the state in which your project is being built, you, as a general contractor, may be responsible for hazards at your worksite that you did not create. On federal job sites (or in states that have merely adopted the federal OSHA standard), one rule applies. In some states that have their own safety regulations, another rule applies. Under the Federal OSHA guidelines, the state regulations must be at least as stringent as those of the Federal safety regulations. This flexibility allows states to impose stricter (though not more lenient) rules upon construction site contractors. While this flexibility allows state safety officials to better tailor their policies, it has caused confusion in the multi-employer realm. Read the full story...
Reprinted courtesy of The Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Supreme Court Rules Tariffs Unconstitutional: Why the Construction Industry Shouldn’t Expect Calm Just Yet

March 31, 2026 — Christopher Barnett - Construction Executive
The U.S. Supreme Court’s 6–3 decision in Learning Resources, Inc. v. Trump did what many expected: It held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. What few anticipated was the speed of what followed: Within hours of the ruling, the administration announced replacement tariffs under Section 122 of the Trade Act of 1974, imposed a 10% global surcharge effective February 24, and signaled forthcoming Section 301 investigations against most major trading partners. For those in the construction industry hoping the Learning Resources ruling would restore market stability, the message was unambiguous. The constitutional question may be settled, but the market disruption is not. Reprinted courtesy of Christopher Barnett, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Thank You All for 10 Years Straight of VA Super Lawyers

May 05, 2026 — Christopher G. Hill - Construction Law Musings
It is with humility and a sense of accomplishment that I announce that I have been selected for the tenth straight year to the Virginia Super Lawyers in the Construction Litigation category for 2026. Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year. As always, I am thrilled to be included on these peer-elected lists. Your confidence in my work is very gratifying. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2026. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

White and Williams LLP Ranked in the Chambers USA 2026 Guide

June 15, 2026 — White and Williams LLP
White and Williams LLP is proud to celebrate the Chambers USA 2026 Guide which has ranked several of the Firm's attorneys and practice groups, underscoring the Firm's overall commitment to providing client service excellence. The Chambers USA 2026 Guide recognized attorneys Tim Davis, Managing Partner, and Nancy Frantz, Chair of the Real Estate Group, for Real Estate: Finance in the state of Pennsylvania. Randy Maniloff, Partner, Patricia Santelle, Chair Emeritus/Former Managing Partner, and Robert Walsh, Partner were ranked for Insurance in Pennsylvania, and Thomas Pinney, Partner, was ranked in Pennsylvania for Bankruptcy/Restructuring. In the state of Maryland, Partners David Gilliss and Eric Korphage were recognized for their work in Construction. Read the full story...
Reprinted courtesy of White and Williams LLP

In the Eye of the Beholder: Court of Appeal Finds Duty of Care Owed by Owner and Contractors for Death of Minors Caused by Independent Truck Driver

May 05, 2026 — Garret D. Murai - California Construction Law Blog
I was a T.A. for my high school history teacher, a really smart and nice guy, Mr. Reynolds. In the room at the back of the classroom which served as his office he had the picture above. It’s called “My Wife and My Mother-in-Law” and is taken from a German postcard from 1888. Depending on how you look it, you might see fashionable young lady, or an old lady. Cases can sometimes be like that: You see what you want to see. The next case is also like that. In Lorenzo v. Calex Engineering, Inc., 110 Cal.App.5th 49 (2025), the 2nd District Court of Appeals reversed a motion for summary judgment granted in favor of an owner and its contractors in a case involving the death of two minors struck by a dump truck enroute to a non-permitted off-site staging area. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Appraisal Award Upheld Despite Insurer’s Contention that Causation was Considered

February 23, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court in Tennessee granted the insured’s motion for summary judgment finding the appraisal award was properly determined despite the insurer’s argument that the appraisal panel considered causation of the loss. Nashville Communications, Inc. v. Auto-Owners (Mutual) Ins. Co., 2025 U.S. Dist. LEXIS 223455 (M.D. Tenn. Nov. 13, 2025) A windstorm struck and damaged the building owned and insured by Nashville Communications (NashComm). A claim was submitted to the insurer, Auto-Owners, for damage to the roof and interior water leakage. Auto-Owners acknowledged that there was some amount of wind damage to the building from the wind event. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

My Current Love-Hate Relationship with AI

June 08, 2026 — Garret D. Murai - California Construction Law Blog
It’s early in the relationship, I know. But still, there are some things that bug me. Yet, I also know that it’s a relationship in which leaving is not an option, and even if I could, it’s not to the point where it’s so bad that I would do so. So, if you would, let me gripe a bit. While there’s been much discussion about AI and, at least in my neck of the woods, a fair amount of discussion about how lawyers can, should, and must use AI or risk becoming discarded into the dustbin of history, much less has been written about clients’ use of AI. Increasingly, I’ve gotten the sense that my clients are using AI. For example, I had a client ask for confirmation that if he disagreed with an administrative decision that he could file a writ of mandate, and if so, whether that deadline was 30, 60 or 90 days after the administrative decision. The answer to the first question was yes, and as to the second question, the answer was 90 days. This was from a client who, smart as he is, probably didn’t know this off the top of his head. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

POTTAWATOMIE COUNTY KANSAS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES