Fraser Michigan Construction Expert Witness Directory

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

Newmeyer Dillion Announces Jacqueline McCalla as Its Newest Partner

February 02, 2026 — Newmeyer Dillion
NEWPORT BEACH, CALIF. – January 28, 2026 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Walnut Creek attorney Jacqueline McCalla has been elected to partnership. Jacqueline focuses her practice on business and construction litigation. In her practice, Jacqueline takes pride in assisting businesses of all sizes and entrepreneurs in various matters whether it be a pre-litigation matter or in litigation, from case inception through trial. She represents developers, builders, and contractors in complex, multi-party disputes involving a variety of residential, commercial, and mixed-use properties. Jacqueline's practice also includes litigating insurance disputes. Jacqueline leverages her past experience advocating for both carriers and insureds to now help companies better understand their policies and stay protected. "Since joining the firm, Jacqueline has been a thoughtful, hardworking, and solutions-oriented attorney who consistently delivers great results for our clients," said Managing Partner Paul Tetzloff. "It's no surprise that clients value her work and actively seek her out." Jacqueline earned a B.A. in Legal Studies from University of California, Berkeley, and a J.D., from University of San Francisco School of Law, graduating magna cum laude. About Newmeyer Dillion For over 40 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.

Reminder: You Can’t Make Others Indemnify You for Your Own Actions

January 13, 2026 — Christopher G. Hill - Construction Law Musings
I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case, Sauer Construction, LLC v. MC3 Solutions, LLC et al. In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Fraud Allegations Stymie Additional Insured’s Request for a Defense

May 14, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Federal District Court granted the insurer’s motion to dismiss the insured’s complaint seeking a defense of the underlying case alleging fraud. Renovation Realty, Inc. v. Colony Ins. Co., 2026 U.S. Dist. LEXIS 21409 (S.D. Cal. Jan. 30, 2026). Mara Fortin sued Renovation Realty and others (“Fortin litigation”) from the fraudulent sale of a residence. The underlying complaint alleged Renovation “deliberately misrepresented of the residence as ‘completely remodeled’ and ‘meticulously maintained’.” The defendants, however, including Renovation, “knew from sources including a pre-renovation termite report documenting fungus and dry rot . . . that the Property harbored pre-existing material defects.” Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Midwest Team Secures Resolution of Matter for Homeowners’ Association Client, Recovery of Attorneys’ Fees

February 10, 2026 — Lewis Brisbois Newsroom
Kansas City/Wichita Partner Alan L. Rupe and Kansas City Associate Delaney McCoy recently achieved a victory on behalf of their client, a homeowners’ association that was sued after denying a solar panel application. The plaintiff homeowners challenged the association’s decision in court, and after extensive—and costly—litigation, the court ultimately determined that the dispute was not yet ripe for judicial review. With that threshold issue resolved, the parties were able to work collaboratively to address the solar panel matter itself. But one significant question remained: whether the association was entitled to recover its legal fees under the declaration, despite the American Rule, which generally requires each party to bear its own costs. The client felt understandably taken advantage of because this issue could—and should—have been resolved without litigation. Considerable time and resources were diverted from the community for the advantage of a single household, so the Lewis Brisbois team continued to advocate for the association’s contractual right to recover fees. After oral argument, the Court agreed, enforcing the fee‑shifting provisions in the governing documents and ruling in favor of the homeowners’ association. Read the full story...
Reprinted courtesy of Lewis Brisbois

Steel Cooling: Steel Costs Steadily Decline After Pandemic Price Shock

May 12, 2026 — Construction Executive
Steel prices have continued trending downward after several years of volatility, according to Gordian’s latest analysis based on RSMeans Data. After dramatic spikes during the pandemic-era supply disruptions, the market has gradually stabilized as supply chains improve and demand softens in some construction segments. However, selective volatility and tariff uncertainty continue to influence pricing across the sector. Key findings from the report include:

Steel prices declining: The national average price of structural steel fell to about $2,343.93 per ton in January 2026, down 5.38% from the previous quarter and 7.18% year over year.
Longer-term price correction: Steel costs have been trending downward since 2024 after earlier volatility driven by inflation, supply shortages and global demand swings.

Time to Negotiate Limitation on Remedies and Damages Is on the Front End

February 10, 2026 — David Adelstein - Florida Construction Legal Updates
Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision whether you want to accept the bargains and risks. If y
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Digital Twins – Interview with Cristina Savian

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How AB5 has Changed the Employment Landscape

Almost Nothing Is Impossible

Mediation in the Zero Sum World of Construction

Massachusetts Lawyers Weekly Honors Construction Attorney

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General Partner Is Not Additional Insured For Construction Defect Claim

Be Strategic When Suing a Manufacturer Under a Warranty with an Arbitration Provision

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The AVOID Act: A New Timeline for Liability in New York Construction Projects

Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

Construction Litigation—Battles on Many Fronts

Property Damage to Insured's Own Work is Not Covered

Can a Contractor be Liable to Second Buyers of Homes for Construction Defects?

Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal

Construction Group Seeks Defense Coverage for Hard Rock Stadium Claims

Look to West Africa for the Future of Green Architecture

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Start Spreading the News: Appellate Division Case Highlights How Policyholders Should Plead Claims Under New York’s Consumer Protection Statute

Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory

Unpredictable Opinion Regarding Construction Lien (Reinstatement??)

Home Prices in 20 U.S. Cities Rise Most Since February 2006

Maryland Contractor Documents its Illegal Deal and Pays $2.15 Million to Settle Fraud Claims

Project Delivery Methods: A Bird’s-Eye View

GRSM Secures Complete Judgment for Defense in Years-Long Dispute Spanning Multiple Venues

Additional Insured Obligations and the Underlying Lawsuit

Want a Fair Chance at a Government Contract? Think Again

Fraudster Sells 24-Bedroom ‘King’s Speech’ London Mansion

Higgins, Hopkins, McLain & Roswell Attorneys Recognized in the 2026 Edition of The Best Lawyers in America®

Contractor Sentenced to Seven Years for Embezzling $3 Million

Tariffs and the Art of the Price Escalation “Deal”

House Approves $715B Transportation and Water Infrastructure Bill

Las Vegas Student Housing Developer Will Name Replacement Contractor

Construction Costs Up

Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss

Construction Legislation Likely to Take Effect July 1, 2020

MBIA Seeks Data in $1 Billion Credit Suisse Mortgage Suit

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U.S. Building Permits Soared to Their Highest Level in Nearly Eight Years

Florida District Court Finds That “Unrelated” Design Errors Sufficient to Trigger “Related Claims” Provision in Architects & Engineers Policy

Does the UCC Apply to the Contract for the Sale of Goods and Services

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Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest

FRASER MICHIGAN CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES