MASHPEE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Flatiron Said Disputed Concrete Mix Cost Millions on Large Caltrans Project

June 22, 2026 — Elaine Silver & Richard Korman - Engineering News-Record
For awhile in 2023, part of the California Dept. of Transportation's (Caltrans) Fix 50 HOV lane and resurfacing project in Sacramento itself needed to be fixed. Reprinted courtesy of Elaine Silver, Engineering News-Record and Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

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Landlord Determined to Not Qualify as Additional Insured

September 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
In a dispute between two insurers, the Second Circuit affirmed the district court’s determination that the landlord was not an additional insured under the tenant’s policy. Peleus Ins. Co. v. Am. European Ins. Co., 2026 U.S. App. LEXIS 17981 June 22, 2026). Blossom Miller sued 57th Avenue and 21st Century in state court alleging that she was injured when she tripped on the sidewalk in front of the leased premises (the “Miller Action”). The premises was leased by 57th Avenue to 21st Century. 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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Insured General Contractor Prevails on Motion for Summary Judgment to Establish Builder’s Risk Coverage

July 06, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The general contractor’s motion for partial summary judgment successfully established that damage to footings in place before the policy period was covered after the collapse of a building. Big D Builders, Inc. v. Am Zurich Ins. Co., 2026 U.S. Dist. LEXIS 72012 (D. Idaho March 31, 2026). Big D was the general contractor for building a new airplane hangar by erecting a 38,000 square foot structure. Before Big D began construction, the site of the hangar did not contain any pre-existing structures or buildings. Before completion of the hangar, it collapsed and caused extensive property damage. The builder’s risk policy issued by Zurich covered certain aspects of the construction project for the policy period December 28, 2023, to December 28, 2024. Zurich accepted coverage for most of the damage but not for damage to footings and columns installed prior to the start date of the policy. 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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White and Williams LLP Secures Trio of Cyber Coverage Wins

May 12, 2026 — Gabriel Darwick & Sean Elman - White and Williams LLP
Three weeks, three jurisdictions, three cyber wins. White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit. Reprinted courtesy of Gabriel Darwick, White and Williams LLP and Sean Elman, White and Williams LLP Mr. Darwick may be contacted at darwickg@whiteandwilliams.com Mr. Elman may be contacted at elmans@whiteandwilliams.com Read the full story...

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2026 Top Business Risks for Construction and Engineering Companies

May 26, 2026 — Darren Tasker - Construction Executive
The 2026 Allianz Risk Barometer revealed some surprising findings for construction and engineering businesses. Now in its fifteenth year, this annual business risk ranking by corporate insurer Allianz Commercial incorporates the views of 3,338 global risk management professionals on the main perils on their radar for the year. Survey respondents included construction and engineering risk experts who identified the threats keeping them up at night. Here is how they ranked the top industry risks for 2026: Natural Catastrophes Natural catastrophe risk retains the top spot, with 38% of construction and engineering respondents citing this risk as their leading concern for 2026. From the insurance perspective, economic and insured losses remained high, albeit lower than the 10-year average. The evolving nature of natural catastrophes continues to pose significant challenges to businesses and the (re)insurance industry. Insured losses from natural catastrophes are set to reach $107 billion for 2025, according to Swiss Re—the sixth year in a row they have exceeded $100 billion, while economic losses are well in excess of $200 billion. Reprinted courtesy of Darren Tasker, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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New Law Prompts ABC Minnesota/North Dakota to Design New Telecommunications Safety Training Program

June 29, 2026 — Grace Calengor - Construction Executive
On the first day of the year, a Minnesota law requiring installers of underground telecommunication infrastructure broadband, fiber or phone lines (when projects utilize directional drilling, and/or work is being conducted within 10 feet of existing utilities) to undergo a 40-hour certification went into effect. Originally passed in mid-2024 and proposed to go into effect in July 2025, the law’s requirements were postponed until January 2026, giving ABC Minnesota/North Dakota—in partnership with NCCER and the Minnesota Cable Communications Association—time to roll out their Safety Qualified Underground Telecommunications Installer training program, which would ensure the workforce of their contractor members were certified. Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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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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Bridging the Gap at Alaska’s Juneau Creek

September 21, 2026 — Tim Newcomb - Engineering News-Record
The largest single-span steel plate girder bridge launch in the nation wasn’t about setting records. Alaska’s Juneau Creek Bridge design was a matter of necessity. The fully erected steel plate girder bridge, featuring a 440-ft main span hovering 285 ft above the Juneau Creek, was part of the larger Sterling Highway project. It offered a logistical challenge but was chosen among over a dozen bridge types due to the unique constraints brought by the mountainous site. Read the full story...
Reprinted courtesy of Tim Newcomb, Engineering News-Record
ENR may be contacted at enr@enr.com

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