MARSHFIELD HILLS MASSACHUSETTS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Credibility Matters…Even in Delay Claims

September 29, 2026 — David Adelstein - Florida Construction Legal Updates
Credibility matters. Here’s another example involving a delay claim on public private partnership delivery method. The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay claims that it contended were caused by Miami-Dade County. The hearing examiner awarded the developer delay time and compensation. On appeal, the County argued that the delays awarded by the hearing examiner were concurrent critical path delays with other delays caused by the developer’s team (the developer’s contractor). This was demonstrated by the fact that in an attempt to mitigate the County delay, the contractor’s incorporated a schedule fragnet into its schedule to mitigate delay that showed the critical path was driven by events deemed caused by the contractor. This was also reported in the contractor’s monthly updates. The developer argued that its mitigation plan did not work and, thus, the schedules showed a hypothetical delay caused by the contractor when, in actuality, it was the County-caused delay that drove the critical path. The hearing officer agreed with the contractor. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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New York Enacts First-in-the-Nation Statewide Data Center Moratorium

August 03, 2026 — Joshua L. Sturtevant - Sheppard
As of May 2026, nearly 12 gigawatts of data center load requests were in the New York Independent System Operator interconnection queue, with more than two-thirds of capacity requests entering the queue in 2025 alone. On July 14, 2026, in response to concerns over this rapid growth, Governor Kathy Hochul issued Executive Order No. 62 (the “Order”) imposing a temporary moratorium on data centers in New York State. Among the concerns cited in the Order are the cost burden on ratepayers associated with transmission upgrades required to accommodate large loads, potential environmental impacts, and large-scale water use. The moratorium is intended to halt activities while the state government develops a comprehensive legal framework for data center development. While dozens of municipal and county-level moratoriums are in place throughout the U.S., and while the legislatures of several states, including Maine, have proposed moratoriums, the Order is the first statewide moratorium to be enacted nationally. Read the full story...
Reprinted courtesy of Joshua L. Sturtevant, Sheppard
Mr. Sturtevant may be contacted at jsturtevant@sheppard.com

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It’s More Than a Feeling: Proving Construction Damages and When You Should Hire an Expert to Help Do It

July 27, 2026 — Bradley E. Sands & Katie McCracken - ConsensusDocs
When you win a bid, you might be singing that everything is going your way. Then something goes wrong. The owner hands you defective plans, sits on RFI responses or other critical information, or otherwise upends the work. The costs pile up through no fault of your own. You feel wronged, and you want to be made whole. But a feeling that you got burned is not enough. To recover, that feeling has to become something the law recognizes as damages. So, what are damages, and how do you prove them? At bottom, contract damages are the money that puts the non-breaching party (i.e., the party that doesn’t breach the contract) in the position it would have occupied had the contract been performed. Reprinted courtesy of Bradley E. Sands, Jones Walker LLP and Katie McCracken, Summer Associate, University of Georgia School of Law Read the full story...
Mr. Sands may be contacted at bsands@joneswalker.com

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Unable To Afford an Appellate Bond? You May Be “Indigent” And Qualify for a Discretionary Waiver or Reduction of the Bond Amount.

October 26, 2026 — Suzanne M. Nicholson - Wilke Fleury
One of the most frequent questions asked when a client is considering taking an appeal from an adverse judgment or order is whether that judgment or order is stayed pending appeal. The answer, not surprisingly, is “it depends.” While the general rule is that perfecting an appeal stays proceedings in the trial court, including enforcement of the judgment or order, there are many, many, exceptions to that rule. One such exception is a judgment or order for “money or the payment of money.” (CCP § 917.1) In such cases, a bond or undertaking is typically required to stay enforcement. The costs of such security can be significant. If you are using an admitted surety insurer, the amount of security required is 1 1/2 times the amount of the judgment. Obtaining a bond through an admitted surety will require that you have sufficient collateral to secure the bond, and sufficient funds to pay the associated premiums, which generally run between 1% and 3% of the total bond amount, per year. So, if you are appealing from a $1 million judgment, you will likely need $1.5 million in assets as collateral, and up to $30,000 per year for the premium. Read the full story...
Reprinted courtesy of Suzanne M. Nicholson, Wilke Fleury
Ms. Nicholson may be contacted at snicholson@wilkefleury.com

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When Projects Go Off Schedule: Navigating Construction Delays and Disputes

October 20, 2026 — Shay Kulkarni - Peckar & Abramson, P.C.
Shay Kulkarni, Partner in P&A’s San Diego office, was recently featured on Racho Mesa Insurance Services’ StudioOne™ Safety and Risk Management Podcast Network, in an episode titled, “When Projects Go Off Schedule: Navigating Construction Delays and Disputes.” During the episode, Shay joins Josh Hill, Surety Account Executive at Rancho Mesa, to discuss the best practices for navigating delays, disruptions, and disputes that arise during construction projects. The conversation explores how careful contract review, thorough project documentation, timely notice, and proactive risk management can help contractors safeguard their rights and more effectively address potential conflicts. Read the full story...
Reprinted courtesy of Shay Kulkarni, Peckar & Abramson, P.C.
Mr. Kulkarni may be contacted at skulkarni@pecklaw.com

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Construction Companies Are Nearly Seven Times Safer With These Best Practices

June 15, 2026 — ABC - Construction Executive
WASHINGTON, May 4—Associated Builders and Contractors released its 2026 Health and Safety Performance Report, an annual guide to health and safety best practices on construction jobsites. The 2026 report shows the positive effects of participating in ABC’s STEP® Health and Safety Management System, which enables top-performing ABC members to achieve incident rates 686% safer than the U.S. Bureau of Labor Statistics construction industry average, reducing total recordable incident rates by 85%. Established in 1989, STEP is a proven system that provides contractors and suppliers with a robust, no-cost framework for measuring health and safety data and benchmarking with peers in the industry. This self-assessment tool helps participants identify real opportunities for scalable growth in their health and safety programs to lower their total recordable incident rates and become an employer of choice in a competitive labor market. Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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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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SB 342 Eliminates the “All-or-Nothing” Rule Under Dreaded Business and Professions Code Section 7031

November 02, 2026 — Garret D. Murai - California Construction Law Blog
Most California contractors are aware of dreaded Business and Professions Code section 7031 which has been described even by courts – who typically veer away from ascribing judgment to legislation – as being “harsh[ ],” “draconian” and “unjust.” For those less familiar with Section 7031, the statute provides two remedies, described as a shield and a sword, against unlicensed contractors who perform work requiring a license. The first, the “shield” also referred to as the “claim preclusion” provision, precludes unlicensed contractors from suing for payment when performing work requiring a license. The second, the “sword” also referred to as the “disgorgement” provision, allows a property owner to sue an unlicensed contractor for disgorgement of all money paid to the unlicensed contractor. 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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