SWAN RIVER MINNESOTA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Los Angeles Times Ranks Lewis Brisbois Third Largest Firm in LA County, Largest for Litigation

June 08, 2026 — Lewis Brisbois
The Los Angeles Times has ranked Lewis Brisbois the third largest firm in LA County by attorney headcount, and first for number of litigation attorneys. Lewis Brisbois, whose Los Angeles office is led by Co-Managing Partners Jana I. Lubert and Kathleen Walker, has 273 attorneys working in LA County, including 167 partners. The firm ranked No. 1 for Litigation in the county, with 206 attorneys under the leadership of Partner Craig Holden. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Your AEC Firm Has a Memory Problem. Here Is How to Fix It

June 01, 2026 — Aarni Heiskanen - AEC Business
AEC companies trying to operationalize AI often find they lack the data foundation on which to build. There may be an abundance of data hidden in documents, but you can’t reliably use it for AI. The lack of data quality was a key topic discussed at the AI in AEC 2026 conference. During the event, I met many experts working to solve this problem, including Pavlina Nikolova, Egnyte‘s EMEA AEC Practice Lead. The chat and her presentation highlighted the challenges and ways to overcome them. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Did You Get the Message? (And does it count?) The Legal Consequences of Text Messages, Group Chats, and Informal Digital Communication on Construction Projects

March 17, 2026 — Kellie Ros & Curtis Martin - ConsensusDocs
Introduction: The New Reality of Construction Communication Construction projects have always depended on a constant stream of communication. Today’s project managers, superintendents, and foremen have broadened the method of communication to include convenient forms of digital communication. Superintendents text photos of field conditions, owners send quick approvals through WhatsApp, architects clarify design intent in a Teams chat, and subcontractors coordinate sequencing through group texts. These channels are fast, convenient, and deeply embedded in modern project culture. Yet the legal framework governing construction contracts has not evolved at the same pace. Many contracts still assume – or require – that notice, directives, and approvals occur through formal written channels—letters, emails to designated recipients, or structured project‑management platforms. This disconnect creates significant legal risk, particularly for contractors who rely on informal messages as authorization for extra work or schedule changes. Courts are increasingly asked to interpret text messages, chat threads, and screenshots as evidence of notice, direction, or waiver. The outcomes vary, but the trend is unmistakable: informal digital communication is now part of the project record, and it can bind parties in ways they did not expect. Reprinted courtesy of Kellie Ros, Peckar & Abramson, P.C. and Curtis Martin, Peckar & Abramson, P.C. Ms. Ros may be contacted at kros@pecklaw.com Mr. Martin may be contacted at cmartin@pecklaw.com Read the full story...

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Legal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 Guide

July 06, 2026 — Hunton Insurance Recovery Blog
Hunton’s insurance coverage practice was once again recognized among the nation’s top policyholder insurance practices, receiving a Band 2 national ranking in the 2026 United States Edition of The Legal 500 for Insurance: Advice to Policyholders. The Legal 500 recognizes firms solely based on merit through numerous factors including client feedback and peer input. Bolstering the team’s national recognition, several coverage lawyers received individual accolades: special counsel Lorelie “Lorie” S. Masters was named to The Legal 500’s Hall of Fame; team head Syed S. Ahmad and partner Michael S. Levine were named Leading Lawyers; and partners Andrea DeField and Latosha M. Ellis were named Next Generation Partners. In addition, partners Walter J. Andrews, Lawrence J. Bracken II, and Koorosh “KT” Talieh were recognized as Key Lawyers on the team. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed

March 31, 2026 — Rick G. Erickson - Snell & Wilmer
As a mediator helping to settle construction disputes and as an arbitrator deciding outcomes of these disputes, I found certain lessons to be especially helpful after graduating last summer from the Executive Education program at Harvard Kennedy School (HKS). The exceptional HKS curriculum included courses focused on negotiation strategies for multiparty disputes, decisive leadership during crisis, and human behavior affecting dispute resolution. In particular, our HKS class debated the impact of cognitive bias in dispute resolution, and we studied a central theme that decision-making is universally scientific. That is, parties making decisions in dispute resolution exhibit and rely upon empirical factors that good mediators and decision makers should appreciate and understand. Bias, for example, can cause key players to discount persuasive witnesses, admissible evidence, and reliable expert opinions that influence the outcome of a construction dispute. Biased decision makers may also choose to withhold key information from the mediator, as though doing so will help rather than hurt what is supposed to be an objective and diplomatic process. Read the full story...
Reprinted courtesy of Rick G. Erickson, Snell & Wilmer
Mr. Erickson may be contacted at rerickson@swlaw.com

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Managing Tariff Volatility in Cross‑Border U.S. Construction Projects: Practical Contract‑Drafting and Procurement Strategies

March 10, 2026 — Sara Beiro Farabow & Michael Wagner - The Construction Seyt
Volatile U.S. tariff announcements continue to affect international supply chains for U.S. construction projects. Although recent litigation has centered on the scope of presidential tariff authority rather than construction‑specific disputes, these decisions carry important implications for how parties structure risk in their contracts. In May 2025, the U.S. Court of International Trade (CIT) struck down certain “Liberation Day” tariffs as exceeding presidential authority under IEEPA. A federal district court in Washington, D.C. likewise issued a preliminary injunction suspending related tariffs—though it later stayed its own order pending appeal. And the Supreme Court has agreed to review cases addressing the legal limits of IEEPA‑based tariffs. While none of these developments arises from construction disputes, the themes they highlight—timing, statutory authority, and documentation—mirror the issues encountered when tariff conditions disrupt international procurement. The following strategies reflect practical steps U.S. project owners, contractors, and foreign suppliers can take to mitigate risk, drawing on drafting approaches now widely used across major construction forms, including—but not limited to—modified AIA agreements. Reprinted courtesy of Sara Beiro Farabow, Seyfarth Shaw LLP and Michael Wagner, Seyfarth Shaw LLP Ms. Farabow may be contacted at sfarabow@seyfarth.com Mr. Wagner may be contacted at mewagner@seyfarth.com Read the full story...

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ZEC 2.0: New York’s Zero Emissions Credit Program Gets an Extension and a Reboot

February 10, 2026 — Stephen J. Humes & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
In a landmark move that could shape New York’s energy landscape for decades, state officials have taken steps to both preserve its existing nuclear power facilities and significantly expand its advanced nuclear capacity. These actions are part of a broader strategy to maintain grid reliability and meet both escalating energy demand and the state’s ambitious greenhouse gas reduction and zero carbon goals. Renewing the Zero Emissions Credit Program On January 22, 2026, the New York Public Services Commission (PSC) unanimously voted to extend and reboot the Zero Emissions Credit program (now called ZEC 2.0) to ensure that New York’s four upstate nuclear reactors maintain operations through 2049. The program, which began in 2016, is designed to provide revenue subsidies for legacy nuclear facilities that have been facing financial difficulties in New York’s competitive wholesale power markets. State officials have stated that the benefits of ensuring the continued operations of these reactors far outweigh the costs due to the lack of zero-emissions alternatives and the importance of ensuring grid reliability in the face of escalating energy demand from large loads like data centers. Reprinted courtesy of Stephen J. Humes, Pillsbury and Jason Drogin Atwood, Pillsbury Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

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Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

May 14, 2026 — Brandon Wright & Manuel Gurule - Lewis Brisbois
Nevada currently operates an expedited litigation program designed to resolve civil disputes with a value up to $50,000 without incurring the “usual” expense of litigating these disputes. Over time, however, the number of civil cases that have been “exempted” from this program based on the claimed damages exceeding $50,000 has grown dramatically. In response, the Nevada Legislature recently enacted a number of rule changes designed to streamline Nevada’s arbitration process and include more cases. Among these changes are increasing the arbitration “cap” from $50,000 to $100,000. By way of background, the Nevada’s Court Annexed Arbitration program is a mandatory, non-binding program for civil cases in judicial districts that have county populations of 100,000 or more [1]. Nevada’s Court Annexed Arbitration was born out of NRS 38.250, which was enacted in 1991 and went into effect in the summer of 1992. The newly enacted NRS 38.250 was regarded as a way to address the problem of increased court caseloads while promoting judicial economy and efficiency in civil cases having a probable jury award of less than $25,000 [2]. Initially, cases that were automatically exempt from the program included class actions, medical malpractice disputes, divorce proceedings, and other domestic relations matters [3]. Reprinted courtesy of Brandon Wright, Lewis Brisbois and Manuel Gurule, Lewis Brisbois Mr. Wright may be contacted at Brandon.Wright@lewisbrisbois.com Mr. Gurule may be contacted at Manuel.Gurule@lewisbrisbois.com Read the full story...

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