HIGH RIDGE MISSOURI CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Reminder: FOLLOW Your Well Drafted Contract Provisions

February 17, 2026 — Christopher G. Hill - Construction Law Musings
I have early and very often stated that your contract is the basis for everything relating to your construction project. Everything from “no damages for delay” clauses to attorney fees to indemnity are found in those documents. A well drafted construction contract sets the expectations for the project clearly and, aside from just making it easier on everyone for a successful project, will ease things should there be any dispute later. However, all of the great drafting and pre-construction negotiation in the world won’t do you a bit of good if you don’t follow those provisions. I can’t count the number of times that a contractor or subcontractor has read and even understood the construction documents but then put the contract in the drawer and didn’t look at it again. Your experienced construction attorney, while helpful at the drafting and negotiation stages and beyond, cannot help do the work. Your lawyer can help you negotiate and highlight the notice provisions of the contract but cannot provide that notice to the Owner or General Contractor when you have a claim. In short, the best contract in the world is only as good as those that are following it. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

---

Tampa Team Obtains Highly Favorable Verdict for Property Owner Client in Lawsuit over Traffic Accident

March 24, 2026 — Lewis Brisbois Newsroom
Tampa Managing Partner John Rine and Partner Nick Dareneau obtained a very favorable verdict for their property owner client in a Sarasota County trial in a lawsuit arising from a traffic accident. At the end of closing arguments, plaintiff’s counsel requested appropriately $18 million from the jury. The jury returned a net verdict of just over a thousand dollars. The plaintiff was on a scooter and was involved in an accident with an SUV in a parking lot intersection. Our firm represented the property owner. The plaintiffs argued that the landscape vegetation was too tall and violated the sight lines of the two drivers, and that the height of the shrubbery violated the owner’s landscaping contract and a local sight line ordinance. They also argued that the intersection lacked a stop sign in contrast to the other six parking lot entrances, which had stop signs. Read the full story...
Reprinted courtesy of Lewis Brisbois

---

To Settle or Not Settle: Factors to Weigh and Practical Considerations

January 13, 2026 — Gerard J. Onorata - ConsensusDocs
Deciding to settle a construction dispute is often wrought with difficulty, requiring the decision maker to evaluate a number of factors. Nevertheless, there are no hard and fast rules that apply when advising a party whether or not they should settle a dispute. Yet the vast majority of construction disputes do settle before going to trial or arbitration. In fact, recent statistics show that approximately 95% of all civil cases, including construction disputes, settle before trial[1]. However, whether settlement is always the best choice depends on several factors to be discussed here. Merits of Your Case First and foremost are the merits of your claims and defenses against any claims that are asserted against you. Construction disputes are inherently fact sensitive, and the merits of a case are driven by the facts of the dispute. Simple breach of contract actions for balances of unpaid funds for the work and materials that have been provided and installed on a project make weighing the merits of the affirmative claim relatively simple. However, these types of “collection cases” stand in stark contrast to complex construction delay claims for equitable adjustment where there exist competing and numerous causes of the delays. In addition, there are complicated legal principles applicable to whether there is entitlement to compensation for the delay or simply an extension of time. Construction defect claims where technical engineering issues are involved also present a heightened level of complexity that may make such cases difficult to prove on the merits. Read the full story...
Reprinted courtesy of Gerard J. Onorata, Peckar & Abramson, P.C.
Mr. Onorata may be contacted at gonorata@pecklaw.com

---

Document Everything! Always! No Exceptions! (AKA, Help Your Lawyer Help You!)

April 14, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
I had a case last year in which once again I found myself thinking: if only my client had better documented the verbal agreements, we would have had a much easier time defending his work. I know this is often easier said than done— you are in the middle of building a project, and you get a call, and you need to keep the project moving. No time for written change directives or a special bulletin. And yet—it is simply amazing to me the number of people who develop “litigation amnesia” about things when a lawsuit is involved. Your documentation system does not need to be perfect. You can use a simple Field notebook and handwritten notations. A text memo to yourself or, better yet, an email confirmation to the owner/contractor/whoever. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

---

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...

---

Promptly Notifying Your Insurer of a Claim Matters

December 30, 2025 — David Adelstein - Florida Construction Legal Updates
Does promptly notifying your insurer of a claim matter? A recent case out of the 11th Circuit Court of Appeals answers this question in the affirmative. MAKE SURE TO PROMPTLY NOTIFY YOUR INSURER OF A POTENTIAL CLAIM. In L. Squared Industries, Inc. v. Nautilus Ins. Co., 31 Fla.L.Weekly C529a (11th Cir. 2025), an insured owned gas stations and had a claims-made storage tank liability insurance policy. The policy provided: “You must see to it that we are notified as soon as reasonably possible, but in any event, not more than seven (7) days after the insured first became aware of, or should have become aware of a pollution condition which may result in a claim or any action or proceeding to impose an obligation on the insured for cleanup costs . . . .” Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

New Year’s Resolution: Engineering the “Tee-Up Day” for Complex Construction Mediations

February 17, 2026 — Joël Bertet - The Dispute Resolver
The construction industry is defined by its commitment to "Critical Path" scheduling. From the moment a project breaks ground, every stakeholder—from the MEP sub to the owner’s rep—is focused on sequencing. We know that you cannot hang drywall before the rough-in is inspected, and you cannot pour a slab-on-grade until the vapor barrier is verified. Yet, when these projects devolve into litigation, the legal community often abandons the logic of sequencing. We rush headlong into "The Mediation Day"—a high-stakes, expensive, one-day marathon where we expect dozens of parties, hundreds of insurance layers, and thousands of pages of expert reports to magically align into a settlement by 6:00 PM. As we open our calendars for the new year, it is time for a professional resolution. We must stop treating mediation as a single-day event and start treating it as a managed, sequenced process. The centerpiece of this resolution is the “Tee-Up Day.” ASCE Statement on House Failure to Pass the Infrastructure Investment and Jobs Act

Lack of Credibility Can Destroy a Claim

Unbilled Costs Remain in Tutor Perini's Finances

Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona

2011 West Coast Casualty Construction Defect Seminar – Recap

Delaware River Interstate Bridge Shut to Assess Truss Fracture

New Jersey’s Proposed Construction Defect Law May Not Cover Everything

Why Clinton and Trump’s Infrastructure Plans Leave Us Wanting More

Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises

Minnesota Civil Engineers Give the State's Infrastructure a "C" Grade for the Sec
Miller Act CLAIMS: Finding Protections and Preserving Your Rights

New Zealand Using Plywood Banned Elsewhere

Harvey's Aftermath Will Rattle Construction Supply Chain, Economists Say

Three Attorneys Elevated to Partner at Newmeyer & Dillion, LLP

Quick Note: Subcontractor Payment Bond = Common Law Payment Bond

Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears

California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions

2016 Hawaii Legislature Enacts Five Insurance-Related Bills

Endorsement to Insurance Policy Controls

Crossrail Audit Blames Busted Budget and Schedule on Mismanagement

Risk Transfer: The Souffle of Construction Litigation

CISA Guidance 3.1: Not Much Change for Construction

Stormy Skies Ahead? Important News Regarding a Hard Construction Insurance Market

Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose

Arizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action Suit

Colorado Statutes of Limitations and Repose, A First Step in Construction Defect Litigation

Housing-Related Spending Made Up Significant Portion of GDP in Fourth Quarter 2013

Traub Lieberman Partner Rina Clemens Selected as a 2023 Florida Super Lawyers® Rising Star

Cincinnati Goes Green

Another TV Fried as Georgia Leads U.S. in Lightning Costs

Despite Increased Presence in Construction, Women Lack Size-Appropriate PPE

Connecticut Federal District Court Keeps Busy With Collapse Cases

Endorsements Do Not Exclude Coverage for Wrongful Death Claim

Wilke Fleury Attorneys Recognized in “The Best Lawyers in America” & “Best Lawyers: One’s to Watch” 2024 Editions

Court of Appeals Expands Application of Construction Statute of Repose

Rights Afforded to Employees and Employers During Strikes

CDJ’s #3 Topic of the Year: Burch v. The Superior Court of Los Angeles County, 223 Cal.App.4th 1411 (2014)

Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims

Contractor Covered for Voluntary Remediation Efforts in Completed Homes

COVID-19 Response: Environmental Compliance Worries in the Time of Coronavirus

NY Appellate Court Holds Common Interest Privilege Applies to Parties to a Merger

Construction Recovery Still Soft in New Hampshire

What You Need to Know About Notices of Completion, Cessation and Non-Responsibility

Candis Jones Named to Atlanta Magazine’s 2022 “Atlanta 500” List

The Case For Designers Shouldering More Legal Responsibility

California Department of Corrections Gets Hit With the Prison Bid Protest Blues

A Changing Climate for State Policy-Making Regarding Climate Change

South Carolina “Your Work” Exclusion, “Get To” Costs

Resolve to Say “No” This Year

Insurers' Communications Through Brokers Not Privileged

Commencing of the Statute of Repose for Construction Defects

Temporary Obstructions Are a Permanent Problem Under the Americans with Disabilities Act

ConsensusDOCS Hits the Cloud

Quick Note: If You Want to Recover Attorney’s Fees In a Contractual Dispute, Include a Prevailing Party Attorney’s Fees Provision

Court of Appeal: Privette Doctrine Does Not Apply to Landlord-Tenant Relationships

A Downside of Associational Standing - HOA's Claims Against Subcontractors Barred by Statute of Limitations

Factor the Factor in Factoring

Texas Supreme Court Defines ‘Plaintiff’ in 3rd-Party Claims Against Design Professionals

What Contractors Can Do to Address Rising Material Costs

Condominium Association Wins $5 Million Judgment against Developer