MOOSE LAKE MINNESOTA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Massachusetts Construction Industry Continues to Wait While Prompt Payment Law Is Put to the Test

March 31, 2026 — Catherine Maronski - Construction Law Zone
Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards. The PPA, G. L. c. 149, § 29E, enacted by the Massachusetts Legislature in 2010, has become a keystone in the construction industry. It was enacted to address, in part, downstream cash flow issues that tend to pervade construction projects by mandating a series of strict guidelines for submitting, and responding to, payment applications for private projects valued over $3,000,000. Amongst these requirements are set timeframes to respond to an application, as well as what must be contained in an application rejection. Critically, if an owner or upper-tier contractor fails to fully comply with all the statutory requirements in response to a proper payment application, the application is automatically “deemed to be approved” and payable. Significantly, however, this is not always the end of the line. Read the full story...
Reprinted courtesy of Catherine Maronski, Robinson Cole
Ms. Maronski may be contacted at cmaronski@rc.com

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Prefatory Contract Language Cannot Be Used to Create an Ambiguity with Operative Provisions

May 12, 2026 — David Adelstein - Florida Construction Legal Updates
Contract drafting and interpretation matters. A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case here where the appellate court reversed based on the prefatory language. But, through a motion for rehearing, the appellate court reconsidered its position and affirmed the trial court based on the operative provisions, mainly that the prefatory language cannot be used to create an ambiguity with operative provisions. Consider this explanation in affirming the trial court:

Because the trial court correctly found that the initial language in the contract was prefatory and could not be used to create an ambiguity in the remainder of the contract, we affirm the final judgment.

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

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HHMR Attorneys Steve Heisdorffer and Dave McLain Named to 2026 Super Lawyers List

April 08, 2026 — Higgins, Hopkins, McLain & Roswell, LLC
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce that Steve Heisdorffer and Dave McLain have been selected to the 2026 Colorado Super Lawyers list for construction litigation. Mr. Heisdorffer has been consistently recognized in recent years for his work in construction litigation and related business disputes. Mr. McLain has been recognized by Super Lawyers each year from 2020 through 2026, following his earlier inclusion on the Rising Stars list from 2009 through 2012. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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GRSM Marks Seventh Anniversary as First and Only Full-Service Law Firm in All 50 States, Climbs to #70 on Am Law 100

April 20, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani proudly celebrates the seventh anniversary of its becoming the first and only full-service law firm with offices and attorneys in all 50 states. Since launching its innovative 50-state platform in April 2019, GRSM has experienced extraordinary growth across markets, practices, and client relationships. In the past seven years, GRSM has expanded its footprint with 20 new offices in both major and secondary markets and doubled its attorney headcount, growing from 940 to more than 2000 lawyers. This growth has propelled GRSM from the 40th to the 11th largest law firm in the United States, according to Law360, while also driving a significant rise on the Am Law 100 rankings, from #103 in 2019 to #70 in 2026. GRSM has served nearly half of the Fortune 500, a testament to its deep bench of lawyers and national capabilities. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Best Lawyers Recognizes 33 White and Williams LLP Lawyers

August 24, 2026 — White and Williams LLP
White and Williams LLP is pleased to congratulate our attorneys recognized among the 2027 Best Lawyers in America® rankings. Best Lawyers® has recognized Michael W. Horner, Chair of the Healthcare Group and Managing Partner of the Cherry Hill, NJ Office, as a 2027 "Lawyer of the Year” in the area of Litigation - Insurance for Cherry Hill. Michael Horner’s has extensive experience litigating, mediating and arbitrating complex catastrophic cases throughout multiple jurisdictions in the Northeast, with litigation and counseling experience that spans several decades in the areas of healthcare, catastrophic loss and employment matters in multiple state and federal jurisdictions. Read the full story...
Reprinted courtesy of White and Williams LLP

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Arizona Court of Appeals Clarifies Homeowners Association Open Meeting Requirements

June 29, 2026 — Jill Casson Owen, Benjamin J. Hawkins & Stephen Wright - Snell & Wilmer
A Z N H Revocable Trust v. Sunland Springs Village Homeowners Association, No. 1 CA-CV 25-0424 (Ariz. Ct. App. Apr. 28, 2026) OVERVIEW The Arizona Court of Appeals issued an opinion clarifying how homeowners associations must conduct meetings under A.R.S. § 33-1804. The decision reinforces the legislative policy favoring transparency in association governance, bringing association meeting requirements more in line with the open meeting standards applicable to public bodies under A.R.S. § 38-431 et seq. (Arizona’s Open Meeting Law). KEY HOLDINGS 1. All Voting and Formal Actions Must Occur in Open Meetings The Court affirmed that association boards cannot vote or take formal action during closed (executive) sessions. Under A.R.S. § 33-1804(A), associations may close portions of meetings only for “consideration” of certain enumerated topics, such as legal advice, pending litigation, or personal/financial information about individual members. The Court interpreted “consideration” to mean discussion and deliberation, not voting. The Court noted that dictionaries define “consider” as “spending time thinking about a possibility” and “formulating an opinion,” which are processes that precede formal action. This interpretation mirrors how Arizona’s Open Meeting Law (A.R.S. § 38-431.03(D)) prohibits public bodies from voting in executive session. Reprinted courtesy of Jill Casson Owen, Snell & Wilmer, Benjamin J. Hawkins, Snell & Wilmer and Stephen Wright, Snell & Wilmer Ms. Owen may be contacted at jowen@swlaw.com Mr. Hawkins may be contacted at bhawkins@swlaw.com Mr. Wright may be contacted at swright@swlaw.com Read the full story...

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Modular Construction’s Hidden Risk: Where Things Go Wrong Between the Factory and the Field

June 15, 2026 — Jack Mayo - ConsensusDocs
Introduction As modular and prefabricated construction methods are increasingly adopted, so too are the potential challenges that come with them. The appeal is straightforward: faster timelines, controlled fabrication environments, and reduced on-site labor demands. But the risks that accompany these benefits are often less clear—and, in many cases, poorly defined. For example, what happens when a prefabricated component is delayed past its installation window? Who is responsible for a defect discovered inside a sealed, installed module? What happens to warranty obligations when a prefabricated component must be modified on site? Read the full story...
Reprinted courtesy of Jack Mayo, Jones Walker LLP
Mr. Mayo may be contacted at jmayo@joneswalker.com

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White and Williams LLP Ranked in the Chambers USA 2026 Guide

June 15, 2026 — White and Williams LLP
White and Williams LLP is proud to celebrate the Chambers USA 2026 Guide which has ranked several of the Firm's attorneys and practice groups, underscoring the Firm's overall commitment to providing client service excellence. The Chambers USA 2026 Guide recognized attorneys Tim Davis, Managing Partner, and Nancy Frantz, Chair of the Real Estate Group, for Real Estate: Finance in the state of Pennsylvania. Randy Maniloff, Partner, Patricia Santelle, Chair Emeritus/Former Managing Partner, and Robert Walsh, Partner were ranked for Insurance in Pennsylvania, and Thomas Pinney, Partner, was ranked in Pennsylvania for Bankruptcy/Restructuring.
Battle of “Other Insurance” Clauses

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Join: Computer Science Meets Construction

Settlement Agreement? I
Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole

Lumber Liquidators’ Home-Testing Methods Get EPA Scrutiny

Two Texas Cities Top San Francisco for Property Investors

Watchdog Opens Cartel Probe Into Eight British Homebuilders

Hotel Owner Makes Construction Defect Claim

Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers

Erector Tops Out 850-Foot-Tall Rainier Square Tower in Only 10 Months

Insured's Collapse Claim Survives Summary Judgment

The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence

The New York Lien Law - Top Ten Things You Ought to Know

Coverage Denied for Ensuing Loss After Foundation Damage

Five "Boilerplate" Terms to Negotiate in Your Next Subcontract

Federal Public Works Construction Collection Remedies: The Miller Act Payment Bond Claim

Appraisal Process Analyzed

Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated

Don’t Spoil Me: Oklahoma District Court Rules Against Spoliation Sanctions

GRSM Attorneys Recognized in The Best Lawyers in America® 2027

Quick Note: Aim to Avoid a Stay to your Miller Act Payment Bond Claim

Suing the Lowest Bidder on Public Construction Projects

City of Sacramento Approves Kings NBA Financing Plan

Oklahoma Limits Claims for Construction Cases

California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

Duty to Defend Affirmed in Connecticut Construction Defect Case

Statute of Frauds Applies to Sale of Real Property

Wildfire Risk Harms California Home Values, San Francisco Fed Study Finds

15 Wilke Fleury Lawyers Recognized in 2020 Northern California Super Lawyers and Rising Stars Lists

With Trump's Tariff Talk, Time to Negotiate for Escalation Clauses in Construction Contracts

Woman Files Suit for Property Damages

Court Invalidates Project Labor Agreement Mandate on Federal Construction Projects

Cape Town Seeks World Cup Stadium Construction Collusion Damages

Empire State Building Owners Sue Photographer for Topless Photo Shoot

Court Rules that Collapse Coverage for Damage Caused “Only By” Specified Perils Violates Efficient Proximate Cause Rule and is Unenforceable

Bad Faith Jury Verdict Upheld After Insurer's Failure to Settle Within Policy Limits

The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy

ASCE Statement on Hurricane Milton and Environmental Threats

Wisconsin Supreme Court Upholds Asbestos Exclusion in Alleged Failure to Disclose Case

Parking Reform Takes Off on the West Coast

Mortgagors Seek Coverage Under Mortgagee's Policy

Architects Group Lowers U.S. Construction Forecast

Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

Unjust Enrichment Damages Must Be Measurable and Quantifiable

PFAS and the Challenge of Cleaning Up “Forever”

What is a “Force Majeure” Clause? Do I Need one in my Contract? Three Options For Contractors, Subcontractors and Suppliers to Consider

Carillion Fallout Affects Major Hospital Project in Liverpool

7 Sustainability Ideas for Modular Classrooms in the Education Industry (guest post)

25 Years of West Coast Casualty’s Construction Defect Seminar

Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve

Join: Computer Science Meets Construction

Los Angeles Team Secures Summary Judgment for Client in Wrongful Death Lawsuit over Construction Incident

Real Estate & Construction News Roundup (4/17/24) – Travel & Tourism Reach All-Time High, President Biden Emphasizes Housing in SOTU Address, and State Transportation Projects Under Scrutiny