CLAYTON LAKE MAINE CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

New York Team Secures Dismissal of Premises Liability Action Against Client

May 26, 2026 — Lewis Brisbois
New York Associate Nicole Koch and Partner Jennine Gerrard recently secured a complete dismissal of a plaintiff’s claims for injuries following a fall in front of a client’s business at an outdoor mall. The plaintiff alleged that she was walking on the sidewalk outside of the client's hair care supply store in the Bronx in May 2024 when she tripped and fell on a broken/defective portion of the sidewalk. As a result of the accident, the plaintiff suffered injuries to her spine, hip, wrist, and both knees. She proceeded to file suit in New York County Supreme Court against Lewis Brisbois’ client and the landlord for the property. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Global Insights Center: Monthly Newsletter

June 15, 2026 — Global Insights Center Staff - The Hartford
May in Review Last month, inflation moved higher, with Consumer Price Index (CPI) inflation rising to 3.8% year over year, up from 3.3% the prior month. The increase was driven primarily by energy prices, particularly gasoline, reflecting ongoing disruptions tied to the Middle East conflict. Labor market data were broadly stable. The unemployment rate remained unchanged at 4.3%, wage growth increased modestly to 3.6%, while job growth continued to be geographically concentrated in the Southern states, particularly cities in Texas. On an occupational basis, healthcare once again led job gains, especially in home health services, a trend we have consistently highlighted. Business formations increased during the month, with notable strength in e commerce and digital services firms. Manufacturing activity also improved, particularly in semiconductors, IT equipment, and natural gas–related energy infrastructure. Read the full story...
Reprinted courtesy of Global Insights Center Staff, The Hartford

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OC Streetcar Project Mediation Sets $50M Payment to Walsh

July 20, 2026 — Richard Korman - Engineering News-Record
Walsh Construction told a California state court judge last month that lawsuit mediation of its claims on an Orange County light-rail project—known as OC Streetcar—had produced a settlement of some claims under which the county agreed to pay the contractor almost an additional $50 million. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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Seattle’s Residential Zoning Transformation: What Property Owners, Buyers, and Investors Should Understand

May 14, 2026 — Lawrence S. Glosser - Ahlers Cressman & Sleight PLLC
Seattle is in the midst of a significant transformation in residential land use policy. Longstanding neighborhood zoning patterns that historically favored detached single-family development are being reexamined in response to housing supply pressures, affordability concerns, and evolving state mandates. For homeowners, purchasers, investors, and builders, these changes may create substantial new opportunities. They also create a heightened need for careful legal and practical due diligence. While zoning reform can expand potential uses of property, it does not eliminate the many other constraints that may still govern what can actually be built. Read the full story...
Reprinted courtesy of Lawrence S. Glosser, Ahlers Cressman & Sleight PLLC
Mr. Glosser may be contacted at larry.glosser@acslawyers.com

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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.com

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Actual Controversy Without Actual Exhaustion: California Supreme Court Allows Declaratory Relief and Bad Faith Claims Against Excess Insurers

August 24, 2026 — Kyle A. Rudolph - Saxe Doernberger & Vita, P.C.
California courts were previously split on the issue of whether an insured may bring declaratory relief claims against excess insurers prior to the exhaustion of underlying insurance. Some California courts held that the actual exhaustion of underlying insurance was necessary, whereas other courts allowed for these types of claims to proceed.[1] Recently, the California Supreme Court addressed this split of authority and, in doing so, handed down a significant win for policyholders. In Fox Paine & Company, LLC, et al. v. Twin City Fire Insurance Company et al., the Court held that insureds may proceed with bringing forth viable declaratory relief and bad faith claims against excess insurers prior to the exhaustion of underlying insurance.[2] A summary of the Court’s opinion is provided below. Read the full story...
Reprinted courtesy of Kyle A. Rudolph, Saxe Doernberger & Vita, P.C.
Mr. Rudolph may be contacted at KRudolph@sdvlaw.com

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Lienor Dealing With “Show Cause” Summons by Condominium Unit Owner

September 01, 2026 — David Adelstein - Florida Construction Legal Updates
One of the statutory vehicles to shorten a construction lienor’s statute of limitations to foreclose on a construction lien is through a “show cause” summons that essentially requires the lienor to foreclose on the lien within 20 days from receipt of the “show cause” summons. This is a statutory procedure under Florida’s Lien Law in Fla. Stat. s. 713.21(4). If a lienor receives a “show cause” summons and lawsuit, the lienor should, without delay, counterclaim or file a separate lien foreclosure lawsuit within the 20-day period without exception. This is provided the lienor wants to move forward with its lien. If a lienor does not, the lien will be discharged of record. If you are a lienor and receive a “show cause” summons, please immediately consult with construction counsel that can best advise you and perfect your lien rights. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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LA Scores Major Victory in a High-Exposure Premises Liability Action

July 06, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Our firm is proud to announce a decisive defense victory obtained by Partner Daniel Crespo and Associate Lauren Landau for our client in a high-exposure premises liability action arising from a 2022 incident at an active school construction site in Perris, California. On March 10, 2026, the Riverside County Superior Court granted Summary Judgment in full for our client, dismissing all claims brought by Plaintiff, who alleged she tripped and fell over a curb while picking up her daughter from school and sustained ankle and wrist injuries as a result. Through meticulous preparation and the strategic use of construction plans, contractual documents, and onsite surveillance video evidence, our team demonstrated that our client had no ownership, possession, or control over the portion of the existing sidewalk where the incident occurred, with construction plans unambiguously designating the area as pre-existing concrete outside our client’s scope of work, and the Construction Services Agreement expressly reserving control over all existing site improvements to the school district. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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