Orrick Missouri Construction Expert Witness Directory

Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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

Celebrating BWB&O’s 2026 Super Lawyers Rising Stars in San Diego!

March 31, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partners Jocelyn Russo, Christina Matian, and Associate Angelo Perillo have been named to the Super Lawyers 2026 San Diego Rising Stars list. This recognition highlights their outstanding dedication and distinguished service in Family Law, Civil Litigation, and Personal Injury Litigation.

SUPER LAWYERS Jocelyn Russo: 2023-2026 Christina Matian: 2024-2026 Angelo Perillo: 2024-2026

Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

Court Conditionally Grants Mandamus Relief to Compel Appraisal

February 02, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court conditionally granted the insurer’s writ of mandamus to compel an appraisal after the trial court denied the insurer’s motion to compel appraisal. In re Am. Zurich Ins. Co., 2025 Tex. App. LEXIS 8932 (Tex. Ct. App. Nov. 20, 2025). The insureds, Jay Steinfeld and Barbara Winthrop (Steinfeld) ,hired Southhampton Group to build their home. Construction began in 2021. Southhampton Group obtained a builder’s risk policy from Zurich which named Steinfeld as an additional insured. Shortly before completion of the home, Sheet Metal Crafts, a subcontractor working on the home’s roof, caused a fire that substantially damaged the home. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Construction and Design Contracts—They Are More Important Than You Might Think! (Law Note)

January 26, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
As regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project. While verbal contracts can be enforced, a written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan. I recently read AIA’s take on contracts, in their Construction Risk Brief (which you should subscribe to [free] if you have not already). Their featured article is on “Best Practices for Construction Contracts”. In the piece, they discuss 7 key points to address in each contract. I concur for the most part, although want to point out that some of them (such as the regular monitoring and documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the construction administration phase. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

Federal Court Highlights the Strategic Value of Additional Insured Coverage

June 22, 2026 — Michael S. Levine - Hunton Insurance Recovery Blog
A recent decision from the District of Maryland underscores a recurring—but often underutilized—opportunity for policyholders: securing and enforcing additional insured coverage under another party’s liability policy. In Charter Oak Fire Insurance Co. v. Builders Premier Insurance Co., the court held that an equipment lessor qualified as an additional insured under the lessee’s policy and was entitled to a primary defense. The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure. We build on the decision to highlight the practical steps policyholders should take to ensure that all potentially available insurance is identified and pursued. Read the full story...
Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
Mr. Levine may be contacted at mlevine@hunton.com

FTC Issues Warning Letters to Property Management Software Providers on Price Transparency

January 26, 2026 — Christine Tenley, Patrick A. Garcia & Michael Hettig - Lewis Brisbois
Atlanta, Ga. (December 23, 2025) - On December 8, 2025 the Federal Trade Commission (“FTC”) sent what it is describing as a “Warning Letter” to companies that provide property management software to landlords (“Software Providers”). While the letter does not speak specifically to landlords, landlords can still use the information contained in the letter to adopt best practices to avoid potential enforcement action. The Warning Letter references two high profile civil enforcement actions the FTC has undertaken in the last two years: FTC v. Invitation Homes, and FTC v. Greystar Real Estate Partners, LLC, et al., two cases in which the FTC targeted landlords for what it deemed unfair or deceptive advertising practices. Citing those cases, the FTC warns software providers that they must provide platforms on which landlords can accurately advertise the total monthly cost of a rental property rather than simply advertising the monthly rental payment. The FTC then warns that failure to create platforms that share the total monthly payments may result in enforcement action. Reprinted courtesy of Christine Tenley, Lewis Brisbois, Patrick A. Garcia, Lewis Brisbois and Michael Hettig, Lewis Brisbois Ms. Tenley may be contacted at Christine.Tenley@lewisbrisbois.com Mr. Garcia may be contacted at Patrick.Garcia@lewisbrisbois.com Mr. Hettig may be contacted at Michael.Hettig@lewisbrisbois.com Read the full story...

Segal McCambridge Recognized in 2026 Chambers USA Rankings

June 15, 2026 — Segal McCambridge
Los Angeles, CA, June 8, 2026 - Segal McCambridge is pleased to announce that the firm has been recognized as a leader by Chambers USA in California. The firm is listed in the Chambers-ranked department, receiving a Band 5 ranking for construction in California. The ranking further reinforces the firm's commitment to supporting California's construction market, from owners to developers and contractors, in high-stakes disputes statewide. "Chambers' research-driven process and independence make this acknowledgment especially meaningful. We're proud of this ranking and grateful to our clients and colleagues whose consistent trust and collaboration make our work possible," said Jason P. Eckerly, Managing Shareholder of Segal McCambridge. Chambers and Partners is widely regarded as one of the legal industry's most respected and independent ranking organizations. Operating across 200 jurisdictions and relied on in more than 70 countries, Chambers has, since 1990, conducted rigorous research to identify leading lawyers and law firms through a methodology that combines analysis of firm capability, achievement, and market presence through interviews and assessment of recent matters across more than 1,400 U.S. ranking tables, covering all 50 states, Washington, DC, and nationwide. About Segal McCambridge Segal McCambridge has built a reputation as a national law firm of accomplished trial attorneys for almost four decades. Founded in 1986, the firm has grown from a four-lawyer shop in Chicago to a firm with more than 20 offices nationwide. The firm routinely counsels and defends clients, including Fortune 500 companies, corporations, and individuals, across the United States in complex litigation matters, including, but not limited to: asbestos, class action, construction, employment, environmental, food and beverage, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation, and warranty. For more information, visit: www.segalmccambridge.com.

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