MC CARLEY MISSISSIPPI CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Insurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm

May 26, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026). The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for roof damage and various interior damage to property. The insureds also argued that Westchester’s actual cash value (ACV) payment did not reflect the fully insured loss. The insureds sued and Westchester moved for summary judgment. Westchester argued the roof damage was not covered because Hurricane Ian did not cause the damage. Westchester hired an engineer who determined the roof damage was not caused by wind from Hurricane Ian. Westchester pointed out that the insureds’ expert also found no wind damage on the roof. The insureds offered no other evidence suggesting the hurricane caused roof damage. Therefore, the insureds could not show that Westchester breached the policy by denying coverage. 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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Potential Gap in Workers Compensation Immunity Statutory Framework

June 02, 2026 — David Adelstein - Florida Construction Legal Updates
Workers compensation insurance is important. As an owner, you want to ensure the contractors you hire have workers compensation insurance. Assuming you hire a contractor that is statutorily exempt from workers compensation, you want to make sure, no exception, that any subcontractor that is hired has workers compensation insurance. (Regardless, you always want subcontractors to have workers compensation insurance.). In construction, the prime contractor serves as the “statutory employer” for purposes of workers compensation insurance. With workers compensation comes workers compensation immunity. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Real Estate & Construction News Roundup (8/19/26) – Single-Family Housing Investors Worry, Confidence in Multifamily REITs and Construction Backlog Falls

September 08, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, U.S. Chamber of Commerce creates Housing Advisory Council, a legal battle develops over new federal rules related to mortgage escrow accounts, hospitality dealmakers pursue ‘bigger, higher-conviction’ M&A, and more!

• In the wake of the 21st Century ROAD to Housing Act becoming law, the U.S. Chamber of Commerce has created a Housing Advisory Council with the goal of advancing market-driven policies that help increase housing supply and promote affordability. (Julie Strupp, Multifamily Dive)
• Investors in the single-family housing market are increasingly concerned about interest rates, rising insurance and home costs, and the ongoing war with Iran. (Diana Olick, CNBC)
• A legal battle is brewing over new federal rules related to accounts that hold money to pay homeowners’ property taxes and insurance payments. (Sarah Agostino, CNBC)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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Wadsworth v. Regional Rail Partners — Verified Statements of Claim Under the Colorado Public Works Act

August 25, 2026 — Olivia Barden - Colorado Construction Litigation Blog
Editor’s Note: Wadsworth Revisited In August 2024, following the Colorado Court of Appeals’ decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, we published Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims. At the time, the decision warranted a significant warning to contractors and subcontractors performing public work in Colorado. The Court of Appeals concluded that Wadsworth’s verified statement of claim improperly included unliquidated delay damages and that, because the claim was excessive, Wadsworth forfeited its right to recover the amounts included in the claim. We cautioned contractors to carefully scrutinize verified statements of claim and to avoid including unliquidated damages or amounts that were not yet due and payable. The Colorado Supreme Court has now reversed that decision. Read the full story...
Reprinted courtesy of Olivia Barden, Higgins, Hopkins, McLain & Roswell, LLC

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Real Estate & Construction News Roundup (6/24/26) – HUD to Fund AI Grants, Luxury Hotel Deal Investment Activity to Surge, ESPCs to Fund Energy and Infrastructure Improvements

July 06, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, data centers are exposed to climate change, commercial tenant sues CoStar, cities see opportunities in emerging sports markets, and more!

• With deferred maintenance growing and capital dollars stretched thin, local governments are using ESPCs to fund energy and infrastructure improvements through future operational savings. (Vicky Uhland, Construction Dive)
• The U.S. Department of Housing and Urban Development is offering up to $3 million in grants for local governments to deploy automated permitting and building code systems. (Ryan Kushner, Construction Dive)
• Luxury hotel deals are set to see a surge in investment activity due to strong fundamentals and strengthening capital markets. (Noor Adatia, Hotel Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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Ohio Supreme Court Blocks Ballot Measure Targeting $4B AWS Data Center

October 26, 2026 — Bryan Gottlieb - Engineering News-Record
Ohio's High Court on Sept. 18 blocked a ballot measure that could have imposed new operating restrictions and citizen lawsuits on a planned $4-billion Amazon Web Services data center campus in Wilmington, about 35 miles southeast of Dayton. 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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Jenny Michel Named Top Lawyer by Acadiana Profile Magazine

June 29, 2026 — Lewis Brisbois
Lafayette Managing Partner Jenny Michel has been named to Acadiana Profile magazine’s 2026 Top Lawyers list for Insurance Law. The annual list honors excellence across several practice areas. To select attorneys for its Top Lawyers list, Acadiana Profile works with a research firm that conducts a peer-review survey of attorneys in the Acadiana, Louisiana region. The attorneys nominate fellow professionals who they consider the best in their field of practice. Ms. Michel is co-chair of the London Market Group, the Pollution Legal Liability/Environmental Impairment Liability (PLL/EIL) practice, and the Energy, Marine & Power practice. She has worked with London insurers her entire career. Licensed in both Louisiana and Texas, she leads a team of experienced attorneys focused on marine, both traditional and alternate energy, onshore and offshore property, trucking and environmental insurance coverage and bad faith claims, excess monitoring, advice and litigation, both at the trial and appellate levels. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Kahana Feld Opens New Office in Sacramento, Adding Key Litigator and Expanding Northern California Footprint

August 24, 2026 — Kahana Feld
IRVINE, CA – Aug. 11, 2026 – Kahana Feld is pleased to announce the opening of a new office in Sacramento, CA. This will be the firm’s 19th office across the United States. Partner Melvin F. Marcia has joined Kahana Feld and will lead the opening of the Sacramento office. He is joined by attorneys Matthew Brenner and Britney Lucchesi as well as paralegal Michelle Welcker. “We’re excited to welcome Melvin to the Kahana Feld team and expand our footprint in Northern California,” said Amir Kahana, Firmwide Managing Partner of Kahana Feld. “His addition strengthens Kahana Feld’s capabilities and will allow us to work more closely with our general liability, construction defect, and labor and employment clients in the Sacramento area while continuing to provide the level of service and experience they have come to expect from our firm.” Read the full story...
Reprinted courtesy of Kahana Feld

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