DAVIESS COUNTY KENTUCKY CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Motion for Summary Judgment Granted in Significant California Public Utilities Suit

May 12, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Partner Mike D’Andrea and Associates Ruth Rasiah and Kaylah Abdullah in the Los Angeles office for obtaining a complete dismissal of their clients in a significant claim involving California’s Public Utilities regulations. After lengthy litigation, BWB&O’s Motion for Summary Judgment was granted against Claimant, Spectrum (Charter Communications), which resulted in a complete dismissal of the action against BWB&O’s clients. At issue was whether California’s Public Utilities Code shifted the common law duty to maintain certain utility equipment in residential areas within Southern California. After significant briefing, the Superior Court found that BWB&O correctly argued that the Public Utilities Code required utility companies, like Spectrum, to fully maintain utility equipment, and that private residents are not responsible for utility maintenance (even if the physical equipment is located on private property). Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

---

Insurer Dispenses with Bad Faith Claim on Summary Judgment

June 22, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court granted the insurer’s motion for partial summary judgment because the insured failed to present evidence that the insurer failed to conduct a reasonable investigation. PSY Burger, LLC v. State Farm General Insurance Company, 2026 U.S. Dist. LEXIS 66991(C.D. Cal. March 20, 2026). The insured’s commercial property suffered heavy damage from tropical storm Hilary. State Farm denied coverage to repair the damage. The insured sued State Farm alleging breach of contract and bad faith due to an inadequate investigation. Apparently, the insured did not retain an expert to opine on claims handling. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

The Construction Defect Litigation Podcast: Navigating Multi-Party Construction Defect Litigation

September 08, 2026 — Ivette Kincaid & Thomas McCarrick - Kahana Feld
Kahana Feld Construction Defect Practice Group Chair Ivette Kincaid and attorney Thomas McCarrick recently joined the Construction Defect Litigation podcast to discuss the challenges—and strategies—behind complex construction defect matters involving multiple stakeholders. Drawing on their experience, Ivette and Thomas explore practical approaches to:

• Identifying key parties and understanding how claims and crossclaims develop
• Working with experts to evaluate defects, causation and damages
• Managing procedural challenges, including scheduling, document management and depositions
• Applying thoughtful case management strategies to position complex matters for successful resolution

Reprinted courtesy of Ivette Kincaid, Kahana Feld and Thomas McCarrick, Kahana Feld Ms. Kincaid may be contacted at ikincaid@kahanafeld.com Mr. McCarrick may be contacted at tmccarrick@kahanafeld.com Read the full story...

---

Southwest Super Lawyers Recognizes 50 Snell & Wilmer Attorneys in 2026 Rankings

June 15, 2026 — Snell & Wilmer
PHOENIX (April 22, 2026) – Snell & Wilmer is pleased to announce that 50 attorneys in the Phoenix and Tucson offices have been selected for inclusion in the 2026 Southwest Super Lawyers publication. Of those 50, four were recognized for the first time and 24 were recognized as Southwest Rising Stars. Super Lawyers is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is a leading source of information for businesses and professionals. The below Snell & Wilmer attorneys have been selected for inclusion in the 2026 Southwest Super Lawyers rankings. Read the full story...
Reprinted courtesy of Snell & Wilmer

---

Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal

June 08, 2026 — Andrea DeField, Machaella Reisman & Cary D. Steklof - Hunton Insurance Recovery Blog
The mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer. Delay to Run the Statute of Limitations Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage. Reprinted courtesy of Andrea DeField, Hunton Andrews Kurth LLP, Machaella Reisman, Hunton Andrews Kurth LLP and Cary D. Steklof, Hunton Andrews Kurth LLP Ms. DeField may be contacted at adefield@hunton.com Ms. Reisman may be contacted at reismanm@hunton.com Mr. Steklof may be contacted at csteklof@hunton.com Read the full story...

---

Jurisdiction Over Foreign Manufacturers in Construction Litigation

May 14, 2026 — Timothy J. Repass & Miki J. Saito - Wood Smith Henning Berman
A recent decision from the Washington Court of Appeals provides important guidance on personal jurisdiction over foreign product manufacturers in construction and infrastructure litigation. In King County v. Aquatherm GmbH, No. 85572-7-I (Wash.Ct. App.Div.I)(unpublished), the court addressed whether a German manufacturer could be sued in Washington for alleged defects in piping used in major public infrastructure projects. The ruling offers a detailed, fact-driven roadmap for how Washington courts evaluate jurisdiction over foreign manufacturers operating through layered distribution networks. It also reflects a broader trend toward focusing on real-world commercial conduct rather than formal corporate structure. Background of the Case King County sued after widespread failures in polypropylene piping installed at the King County Correctional Facility. The pipe, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction. Reprinted courtesy of Timothy J. Repass, Wood Smith Henning Berman and Miki J. Saito, Wood Smith Henning Berman Mr. Repass may be contacted at trepass@wshblaw.com Ms. Saito may be contacted at msaito@wshblaw.com Read the full story...

---

Potential Gap in Workers Compensation Immunity Statutory Framework

June 02, 2026 — David Adelstein - Florida Construction Legal Updates
Workers compensation insurance is important. As an owner, you want to ensure the contractors you hire have workers compensation insurance. Assuming you hire a contractor that is statutorily exempt from workers compensation, you want to make sure, no exception, that any subcontractor that is hired has workers compensation insurance. (Regardless, you always want subcontractors to have workers compensation insurance.). In construction, the prime contractor serves as the “statutory employer” for purposes of workers compensation insurance. With workers compensation comes workers compensation immunity. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Key Person Provisions in Construction Contracts: Because People, Not Companies, Build Projects

October 27, 2026 — Nate Simon - Construction Executive
In construction, the person running your job matters: the project manager who sat in your preconstruction meetings, who understands the phasing, who knows why the MEP coordination sequence was set up the way it was, who has relationships with your team and the owner’s team. That
2019 Promotions - New Partners at Haight

Dump Site Provider Has Valid Little Miller Act Claim

New LA Home Designs, Reimagined By Fire

Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract

Buffalo-Area Roof Collapses Threaten Lives, Businesses After Historic Snowfall

August Home Prices in 20 U.S. Cities Appreciate at Faster Pace

Cold Stress Safety and Protection

California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

Florida's New Pre-Suit Notification Requirement: Retroactiv
GRSM Houston Office Recognized as Outstanding Diverse Organization by Houston Business Journal

Five LEED and Green Construction Trends to Watch in 2020

Dallas Home Being Built of Shipping Containers

Jarred Reed Named to the National Black Lawyers’ “Top 40 Under 40” List for Second Consecutive Year

Where Did That Punch List Term Come From Anyway?

Former Ill. House Speaker Sentenced to 7.5 Years for Corruption Involving ComEd

Revisiting OSHA’s Controlling Employer Policy

Insurance for Defective Construction Now in Third Edition

The Great Fallacy: If Builders Would Just Build It Right There Would Be No Construction Defect Litigation

Court Resolves Disagreement on the Amount of the Deductible

Cutting the Salt Out: Tips for Avoiding Union Salting Charges

The U.S. Flooded One of Houston’s Richest Neighborhoods to Save Everyone Else

Six-Month Prison Term for Role in HOA Scam

What You Need to Know About CARB’s In-Use Off-Road Diesel Regulations

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

Property Damage Caused By Construction Next Door Covered as Ensuing Loss

Big Changes and Trends in the Real Estate Industry

Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing

U.S. Architecture Firms’ Billing Index Faster in Dec.

Sacramento Water Works Recognized as a Historic Civil Engineering Landmark

Unjust Enrichment Claims When There Is No Binding Contract

The Impact of Nuclear Verdicts on Construction Businesses

ACS Recognized by Construction Executive Magazine in the Top 50 Construction Law Firms of 2021

Diggerland, UK’s Construction Equipment Theme Park, is coming to the U.S.

Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

How AI Turns Construction Documents Into Procurement Intelligence

Law Firm's Business Income, Civil Authority Claim Due to Hurricanes Survives Insurer's Motion for Summary Judgment

No Indemnity Coverage Where Insured Suffers No Loss

Public-Employee Union Fees, Water Wars Are Key in High Court Rulings

Preventing Acts of God: Construction Accidents Caused by Outside Factors

California Supreme Court McMillin Ruling

Real Estate & Construction News Round-Up (02/08/23) – The Build America, Buy America Act, ESG Feasibility, and University Partnerships

U.S. Supreme Court Weighs in on Construction Case

Suffolk Construction Drywall Suits Involve Claim for $3 Million in Court Costs

Near-Zero Carbon Cement Powers Sustainable 3D-Printed Homes

Palo Alto Proposes Time Limits on Building Permits

Specific Performance: Equitable Remedy to Enforce Affirmative Obligation

AI in AEC 2026: Doing AI Right and Rethinking Your Business Model

Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense by U.S. News/Best Lawyers

Collapse of Breezeway Attached to Building Covered

All Risk Policy Only Covers Repair to Portion of Dock That Sustains Damage

Earth Movement Exclusion Bars Coverage

Builder Pipeline in U.S. at Eight-Year High: Under the Hood

Noteworthy Construction Defect Cases for 1st Qtr 2014

Top Developments - 2025, Issue 1

Contractual Warranty Agreements May Preclude Future Tort Recovery

Nevada Provides Independant Counsel When Conflict Arises Between Insurer and Insured

Safeguarding the U.S. Construction Industry from Unfair Competition Abroad

Construction Defect Lawsuits Hinted for Dublin, California

Despite Increased Presence in Construction, Women Lack Size-Appropriate PPE