ESTILL COUNTY KENTUCKY CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Land Use Team Wins Appeal for Affordable Senior Housing Development in San Francisco

February 23, 2026 — Sheppard
Sheppard successfully defended client Mitchelville Real Estate Group and its non-profit development partner Bernal Heights Housing Corporation in an appeal of a 70-unit, 100% affordable senior housing development at 3333 Mission Street in San Francisco’s Bernal Heights neighborhood. The team secured approval of the project, representing the developer on complex land use issues including split zoning, SB 35, the State Density Bonus Law, the Housing Crisis Act, tribal cultural resources and the Subdivision Map Act. Although the ministerially approved parcel map for the project utilized SB 35, it was appealed to the San Francisco Board of Supervisors and unanimously rejected. Sheppard’s real estate transactional team also assisted with the acquisition of the property. Read the full story...
Reprinted courtesy of Sheppard

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PSA: Be Sure to Document (Even When Time is Short)

April 14, 2026 — Christopher G. Hill - Construction Law Musings
Written change orders are a big deal. Almost all construction contracts (at least the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law requires these provisions in residential construction contracts. Why are they so important? Because they are a “mini-contract” of sorts. They set the expectations, price, time, and work to be performed; work that was not included in the original price or scope for the project. Without this in writing, there will be no record of what the parties agreed to do. Does this sound familiar? Sound like its own contract? It should. 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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Powering Data Centers in a Moving Regulatory Landscape: Positioning Deals Before FERC’s Next Move

April 27, 2026 — Stephen J. Humes, Alicia M. McKnight & Andrew H. Jacobs - Gravel2Gavel Construction & Real Estate Law Blog
The explosive growth of data‑center load—driven by artificial intelligence, cloud computing and the expansion of digital infrastructure across industries—has forced U.S. energy regulators into unfamiliar territory. Nowhere is this more evident than at the Federal Energy Regulatory Commission (FERC), which is actively considering how large, concentrated loads can be powered without compromising grid reliability or shifting costs to other customers. FERC has not yet issued a standalone rulemaking on data centers. But make no mistake, the regulatory framework is quietly and deliberately being built. For developers, hyperscalers, utilities and investors, the period before FERC finalizes its next round of decisions represents the critical window to crystallize advocacy and structure transactions in ways that anticipate regulatory change. Reprinted courtesy of Stephen J. Humes, Pillsbury, Alicia M. McKnight, Pillsbury and Andrew H. Jacobs, Pillsbury Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Ms. McKnight may be contacted at alicia.mcknight@pillsburylaw.com Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com Read the full story...

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Indiana District Court Finds Crane Inspection Services Do Not Trigger “Professional Services” Exclusion in Liability Policy

February 17, 2026 — Jason Taylor - Traub Lieberman Insurance Law Blog
In Crane 1 Holdco, Inc. et al. v. Continental Ins. Co., 23-cv-205 (N.D. Ind. Jan 12, 2026), the District Court for the Northern District of Indiana had occasion to interpret the scope and meaning of the term “professional services” in an excess liability policy exclusion. By way of background, Robert Coppage was crushed by a crane while at work. He was seriously injured and later received a significant settlement in a state court civil action against the company that inspected the crane, Crane1. Crane1 sought coverage for the settlement under a first layer excess policy issued by Continental Insurance Company, which included an exclusion for any “liability arising out of the actual or alleged rendering of, or failure to render, any professional services by the Insured or any other person for whose acts the Insured is legally responsible.” The underlying complaint alleged that Crane1 was negligent in its modification, services, maintenance, inspection, and/or repair of the crane. Read the full story...
Reprinted courtesy of Jason Taylor, Traub Lieberman
Mr. Taylor may be contacted at jtaylor@tlsslaw.com

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A Win for Clarity: What a Recent Federal Court Decision Means for Davis-Bacon Compliance

July 13, 2026 — Stephen E. Irving - Peckar & Abramson, P.C.
Following the Department of Labor’s 2023 Davis-Bacon rule changes, federal construction contractors faced a pressing question: not whether paying prevailing wages is required, but how far those obligations could extend. Could they reach off-site material suppliers? Delivery drivers? Contracts that omitted Davis-Bacon clauses entirely? A recent federal court decision in AGC of America v. US Department of Labor answers these questions in important ways, vacating several disputed provisions and giving contractors greater certainty when pricing, bidding, and administering federal construction projects. The ruling addresses three aspects of the 2023 regulations that sought to extend Davis-Bacon obligations beyond their traditional scope. By vacating those provisions, the decision creates a more predictable compliance environment and reinforces an important principle: Davis-Bacon enforcement works best when contractors, workers, and regulators operate under clear, objective rules. Read the full story...
Reprinted courtesy of Stephen E. Irving, Peckar & Abramson, P.C.
Mr. Irving may be contacted at sirving@pecklaw.com

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Massachusetts Construction Industry Continues to Wait While Prompt Payment Law Is Put to the Test

March 31, 2026 — Catherine Maronski - Construction Law Zone
Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards. The PPA, G. L. c. 149, § 29E, enacted by the Massachusetts Legislature in 2010, has become a keystone in the construction industry. It was enacted to address, in part, downstream cash flow issues that tend to pervade construction projects by mandating a series of strict guidelines for submitting, and responding to, payment applications for private projects valued over $3,000,000. Amongst these requirements are set timeframes to respond to an application, as well as what must be contained in an application rejection. Critically, if an owner or upper-tier contractor fails to fully comply with all the statutory requirements in response to a proper payment application, the application is automatically “deemed to be approved” and payable. Significantly, however, this is not always the end of the line. Read the full story...
Reprinted courtesy of Catherine Maronski, Robinson Cole
Ms. Maronski may be contacted at cmaronski@rc.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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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

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