DARBY MONTANA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Arbitration in Construction Disputes: Process and Best Practices

July 27, 2026 — Construction Executive
Arbitration in construction disputes is a private process where owners, contractors, subcontractors, designers or suppliers present claims to one or more neutral arbitrators instead of taking the dispute through court. The arbitrator reviews evidence, hears testimony and issues a decision that is usually binding. Construction arbitration is common because project disputes are technical, document-heavy and time-sensitive. Claims may involve schedule delays, disputed change orders, defective work, differing site conditions, payment, termination, indemnity, surety issues or professional liability. Arbitration can be faster and more specialized than litigation, but speed is not guaranteed. Poor contract language, broad discovery, weak records and unclear damages can make arbitration expensive. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Kahana Feld Obtains Favorable Result in High-Exposure NY Premises Liability Case

June 15, 2026 — Leigh Katz - Kahana Feld
Kahana Feld partner Leigh Katz obtained a significant victory in a recent matter involving a videotaped alleged trip and fall on the sidewalk in front of the client’s commercial residence. The plaintiff claimed he suffered a knee injury that necessitated surgery, along with other assorted injuries that prevented him from continuing high-level athletic activities. Leigh was able to demonstrate that the fall was staged and received a voluntary discontinuance with prejudice. At mediation, Leigh emphasized that KF’s expert witness challenged the plaintiff’s claim that the fall was caused by a sidewalk height differential after reviewing the videotape footage and determining the plaintiff’s fall began before his feet made contact with the alleged defect. Based on this analysis, the expert concluded the reported height differential did not initiate the fall, which supported KF’s position that the incident depicted in the video was unrealistic and appeared staged. Read the full story...
Reprinted courtesy of Leigh Katz, Kahana Feld
Ms. Katz may be contacted at lkatz@kahanafeld.com

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Construction Robotics Works Where Variation Ends

August 11, 2026 — Aarni Heiskanen - AEC Business
BuiltWorlds published its 2026 Robotics Top 50 this summer, and the list is genuinely wide. Fifty solutions across nine categories, from 3D printing and prefabricated component manufacturing to earthmoving, demolition, material transport, layout, installation, inspection, and drilling. The honorees come from sixteen countries. It looks like robotics has finally spread across the whole project lifecycle. However, having vendors in nine categories does not mean that contractors are robotizing their work en masse. Zacua Ventures, in its 2026 construction robotics report, estimates that on-site robotics accounted for less than 0.03% of global construction spending in 2025. Zacua says: “That is not a failed market. It is a market at the beginning of an adoption S-curve”, while warning that its estimates rest on private vendor data and may be high if vendors overstate how widely their machines are deployed. 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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Ball Janik LLP Strengthens Miami Construction Defect Team with Litigator Nicolas Aixala

October 26, 2026 — Ball Janik LLP
MIAMI, FL, October 22, 2026 — Ball Janik LLP has added Nicolas Aixala to its Construction Defect Practice Group as an associate in the firm's Miami office. Aixala brings experience in construction and civil litigation, along with a perspective many litigators don't have: a view from the public side of development, gained researching land use and zoning matters for the City of Miami. "Construction disputes in South Florida rarely stay inside the four walls of a building. Zoning, permitting, and local regulation are often part of the story," said James C. Prichard, Managing Partner of Ball Janik LLP. "Nicolas has seen that landscape from the city's side of the table, and he pairs it with solid litigation training. That combination helps us quickly size up the development and regulatory issues our clients face. We're glad to have him on our Miami team." Before joining Ball Janik, Aixala clerked at Miami-area law firms, supporting attorneys in construction litigation and a range of civil matters through legal research, motion practice, discovery, deposition preparation, and trial preparation. He also interned with the City of Miami, assisting with legal research and opinions on land use and zoning matters, including the City of Miami Zoning Code, known as Miami 21. That work gave him a close look at how local policy shapes development, and how it affects the neighborhoods and property owners who live with the results. "A building is one of the biggest investments a property owner will ever make, and when construction goes wrong, they need advocates who understand both the courtroom and the local landscape," said Aixala. "Ball Janik handles complex construction litigation with a practical, client-focused approach. I'm excited to bring my litigation experience and local knowledge to this team and to the property owners it serves across South Florida." Aixala earned his J.D. from the University of Miami School of Law, where he was a member of the Yvette Ostolaza Mock Trial Team and the Cuban American Bar Association. He received his B.S. in Business Administration from the University of Central Florida, with a minor in Legal Studies and a certificate in Entrepreneurship. About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 70-plus attorneys and paralegals in five offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, including for its construction law capabilities in Florida, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, Super Lawyers, and Corporate International. Read more at www.balljanik.com.

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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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Oracle's $16B Michigan Data Center Secures Financing as Power Contracts Face Appeals

June 08, 2026 — Bryan Gottlieb - Engineering News-Record
A $16 billion hyperscale data center under construction outside Ann Arbor, Mich., has secured financing backed by Blackstone and other institutional investors, even as the project's power supply agreements now face a legal challenge before the Michigan Court of Appeals. 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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AI Can Now Train the Soft Skills Construction Ignored

August 03, 2026 — Aarni Heiskanen - AEC Business
Most AEC professionals learn to work in teams and across teams through trial and error. There are, however, opportunities to better prepare for the real world with formal training. Until now, it has required human facilitators. Now, generative AI is emerging as a scalable alternative, which I’m also exploring. A Gap in Curricula When I studied architecture, most of the teamwork happened with co-students in the same department. However, one course focused on industrial projects where future architects and engineers collaborated on a simulated project. I’m not sure if a similar course is still in the curriculum, but it was certainly worthwhile and should have been much more extensive. 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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Supply Chain Is a Legal Exposure—Not Just a Force Majeure Problem

September 08, 2026 — Owen Newman - Construction Executive
This is not another force majeure article. The supply-chain related legal exposure that contractors are carrying today—in sanctions risk, specification non-compliance, warranty exposure and regulatory volatility—extends well beyond what even a well-drafted force majeure clause protects. An engineering, procurement and construction contractor on a gas-fired power plant discovers during commissioning that transformer oil in a critical unit contains Russian-origin naphthenic base oil, which is a prohibited source under Office of Foreign Assets Control sanctions. The contractor didn’t source it. A subsupplier two tiers below made the substitution when disruptions in the Strait of Hormuz tightened the primary supply chain for this specialty product and no one in the purchase-order chain flagged it. The procurement decision is long done and the documentation trail that should have caught it doesn’t exist. Reprinted courtesy of Owen Newman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
Mr. Newman may be contacted at oknewman@duanemorris.com

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