VINEYARD HAVEN MASSACHUSETTS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Rebuilding in Fire-Damaged Los Angeles One Year Later

January 26, 2026 — Zoltan Pali - Construction Executive
As wildfires, and subsequent mudslides become more frequent and destructive across Los Angeles, rebuilding efforts must go beyond policy reform to address a critical, often overlooked challenge: the condition of the land itself. Mayor Karen Bass’ recent executive actions–streamlining approvals, reducing fees and allowing rebuilt homes to be up to 10% larger–mark meaningful progress in cutting red tape. But while these changes may make rebuilding easier on paper, difficulties remain hidden beneath the rubble. Before the Blueprint, the Groundwork In hillside neighborhoods like Pacific Palisades, where entire communities have been reduced to ash, rebuilding does not only begin with drawings or permits–it may begin with stabilizing the land. Many of the coastal and hillside neighborhoods are naturally unstable, and since many homes were built prior to 1956–pre-codification of artificial fill for building pads–slope reinforcement, soil replacement, deep foundation systems, engineered grading or some other forms of mitigation are required. These measures are not only time-intense and highly technical, but they are also expensive and often not covered by insurance. Reprinted courtesy of Zoltan Pali, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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End of an (Endangerment) Era

February 23, 2026 — Sukhmani K. Singh, Christopher P. Colyer & Sean M. Sherlock - Snell & Wilmer
On February 12, 2026, the U.S. Environmental Protection Agency (EPA) announced the repeal of the 2009 Greenhouse Gas (GHG) Endangerment Finding and the elimination of all federal GHG emission standards for motor vehicles and engines.1 The EPA characterized the action as the “single largest deregulatory action in U.S. history.”2 This development marks a fundamental shift in federal climate policy under the Clean Air Act (CAA) and is expected to trigger immediate and extensive litigation. In Massachusetts v. EPA, the U.S. Supreme Court held that GHGs qualify as “air pollutants” under the CAA and that the EPA must determine whether emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare under CAA Section 202(a).3 Following this decision, on December 7, 2009, the EPA issued two findings. First, the EPA classified six different GHGs as threatening public health and welfare. Second, the EPA determined that emissions from new motor vehicles contribute to that endangerment.4 Although the findings themselves imposed no direct regulatory requirements, they served as the legal predicate for GHG emission standards for light-duty and heavy-duty vehicles, and later for other CAA programs affecting statutory sources. In 2012, the U.S. Circuit Court of Appeals for the District of Columbia upheld the Endangerment Finding and related regulations.5 Reprinted courtesy of Sukhmani K. Singh, Snell & Wilmer, Christopher P. Colyer, Snell & Wilmer and Sean M. Sherlock, Snell & Wilmer Ms. Singh may be contacted at ssingh@swlaw.com Mr. Colyer may be contacted at ccolyer@swlaw.com Mr. Sherlock may be contacted at ssherlock@swlaw.com Read the full story...

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Celebrating 29 Years – Thank You for Your Continued Trust!

April 20, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
For 29 years, Bremer Whyte Brown & O’Meara, LLP has grown alongside the clients and communities we proudly serve. What began as a single office in Orange County has evolved into a multi-state firm with 11 locations across five states. Today, we are proud to be supported by a dedicated team of more than 200 attorneys and over 400 employees who work every day to deliver exceptional service and results. This milestone is not just about where we started; it’s about the people who have helped shape who we are today. Our continued growth reflects the strength of our relationships, the trust of our clients and partners, and the commitment of our team. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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HHMR Honored as a 2026 Denver Business Journal Best Places to Work Recipient

March 10, 2026 — David McLain - Colorado Construction Litigation Blog
We are pleased to share that Higgins, Hopkins, McLain & Roswell has been named a 2026 Denver Business Journal Best Places to Work honoree, a recognition grounded entirely in direct feedback from our own team members. The Denver Business Journal Best Places to Work program, in partnership with Quantum Workplace, ranks organizations based on anonymous employee engagement survey results that measure culture, leadership, communication, trust, team dynamics, and satisfaction. This year’s list includes 65 companies across the Denver metropolitan area, judged by the people who know these workplaces best: their employees. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

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Idaho Contractor Registration: Lessons from the Ward v. Bishop Decision

April 20, 2026 — Tara Martens Miller - Snell & Wilmer
The Idaho Supreme Court’s recent decision in Ward v. Bishop Constr., Ltd. Liab. Co., No. 51118, 2025 Ida. LEXIS 143 (Dec. 31, 2025) offers valuable guidance for contractors and construction attorneys navigating the Idaho Contractor Registration Act (ICRA). The December 2025 ruling clarifies critical questions about when and how defendants may raise contractor registration defenses, the weight of pretrial stipulations, and the consequences of procedural missteps in construction litigation. This article examines the key takeaways from the decision and offers practical actions for consideration by those working in Idaho’s construction industry. The Facts Behind the Dispute The case arose from a long-standing working relationship between cousins Joel Ward and Ren Bishop dating to the 1990s. Ward performed general construction work for Bishop Construction, LLC, including building, plumbing, electrical, framing, roofing, and siding work on projects in Idaho, Montana, and Wyoming. Bishop agreed to pay Ward $10 per hour, later increased to $12 per hour, plus one-way travel expenses. Between 2017 and 2019, Ward worked over 1,100 hours but was never paid, totaling $12,443.54 in claimed damages. Read the full story...
Reprinted courtesy of Tara Martens Miller, Snell & Wilmer
Ms. Miller may be contacted at tmmiller@swlaw.com

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Deck Built, Towers Stalled: $1B Fenway Center Air-Rights Project Hits Turbulence

December 15, 2025 — Bryan Gottlieb - Engineering News-Record
Boston finds itself with a nearly completed, two-acre deck built over the Massachusetts Turnpike without vertical construction rising from it—an uncommon and consequential stall for one of the city’s most complex air-rights undertakings. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

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Course of Conduct Can Serve as Waiver or Modification of Parties’ Contract

December 22, 2025 — David Adelstein - Florida Construction Legal Updates
When you enter into a contract, the language in the contract means something. And if you don’t follow what the contract says, it will be used against you. It can be used to support the argument that you breached the contract. Or it can be used to demonstrate your lack of compliance with the contract does not entitle you to the recourse you are seeking. However, this does not mean under certain circumstances the language of the contract cannot be waived or modified by the parties’ course of conduct. In a recent dispute, an owner and contractor sued each other under a cost-plus contract. The contractor recorded a construction lien and moved to foreclose its construction lien. The owner claimed it was over-charged and claimed the contractor breached the contract. The contractor also claimed it was not timely paid with improperly withheld payment applications. The trial court granted summary judgment in favor of the contractor, which was affirmed on appeal based on the parties’ course of dealing:

The trial court concluded that, although the parties’ cost-plus contract required that all change orders be approved in writing, the summary judgment record established that this provision was routinely waived by the parties’ course of dealing: [owner] would orally request changes to the project; [contractor] would perform those changes; and [owner] would pay the invoices for those changes.

Moscato Corp. v. Mutchnik Construction Group, Inc., 411 So.3d 570 (Fla. 3d DCA 2025)

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability

January 21, 2026 — Matt Maranges - ConsensusDocs
In Florida, developers and contractors work under strict clocks. Section 95.11(3)(b), Florida Statutes, sets two firm deadlines for construction claims: a four-year statute of limitations and a seven-year statute of repose. Those timelines govern when an owner or condominium association may pursue claims for alleged defects. Once the repose period ends, the claim is barred regardless of when the problem surfaced. Condominium law complicates that scheme. Section 718.124 delays the start of the limitation and repose periods on association claims until control of the board shifts from the developer to the unit owners. The logic is simple: a developer-controlled board cannot be expected to sue the developer. The practical effect is more sweeping. If turnover occurs late in the life of a project, the repose period may remain tolled for years, extending exposure far beyond the seven years that apply everywhere else. Read the full story...
Reprinted courtesy of Matt Maranges, Jones Walker
Mr. Maranges may be contacted at mmaranges@joneswalker.com

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