DECKER MONTANA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Always Keep Your Time Limits in Mind—to Know When You Can Sue, and When You Can No Longer Be Sued (Law Note)

December 15, 2025 — Melissa Dewey Brumback - Construction Law in North Carolina
As the calendar year is getting a little long in the tooth, the subject of time becomes top of mind. Time, in litigation, can make or break your ability to sue (or be sued). A recent blog post by blogger John Caravella addressing statutes of limitations in New York (6 years) and Florida (5 years) brought to mind the issues that sometimes surprise folks working in North Carolina. In North Carolina, the statute of limitations is (generally) set at 3 years for breach of contract matter, including breaches of construction contracts. However, there are always exceptions. The statute of repose in North Carolina for damages to real property is 6 years. What that means is that if there is a ‘latent defect’ that is not obvious right away, you may still have a claim beyond three years (but not beyond the 6 year repose limit). Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

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Additional Insureds Owed a Defense in Underlying Personal Injury Suit

March 03, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court granted partial summary judgment on the duty to defend to two additional insureds who were named as defendants in the underlying personal injury suit. In re Third St. Equity, LLC, 2025 U.S. Dist. LEXIS 234909 (E.D. N. Y. Dec. 2, 2025). Third Street Equity LLD hired Developing NY State, LLC as the contractor for a construction project. Developing NY entered a subcontract agreement with Capital Source Concrete NY LLC for concrete work as well as labor and services for a construction project. The subcontract required that Capital Concrete keep the construction site free of debris, waste material or rubbish. Further, Capital Concrete was responsible for compliance with OSHA safety regulations. It was also agreed that Capital Concrete would obtain liability and workers compensation insurance naming Third Street and Developing NY as additional insureds. 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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Snell & Wilmer Partner Jonathan Frank Named Winner of 2025 Connect CRE’s Lawyers in Real Estate Award

January 13, 2026 — Snell & Wilmer
ORANGE COUNTY — Snell & Wilmer is pleased to announce that Orange County Partner Jonathan Frank has received the 2025 Connect CRE’s Lawyers in Real Estate Award, a distinction honoring attorneys who demonstrate excellence in commercial real estate law while making meaningful contributions to the industry and their communities. The award recognizes legal leaders whose expertise, vision, and dedication set them apart, reflecting a career marked by both professional achievement and civic impact. Read the full story...
Reprinted courtesy of Snell & Wilmer

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Cross-Office Team Secures Summary Judgment Win in Negligence Action with $2M Demand

December 02, 2025 — Lewis Brisbois Newsroom
St. Louis, Mo. (October 15, 2025) - St. Louis Managing Partner Tracy Cowan and Kansas City Partner Jonathan Craig secured a summary judgment win in a Missouri negligence action with a $2 million demand. The plaintiff alleged he fell on uncleared ice on the client hotel’s parking lot and sustained a shoulder injury that required significant surgical intervention and loss of use. The Lewis Brisbois team’s aggressive discovery revealed that there was significantly more to the story, including that the plaintiff had made several trips back and forth on the hotel’s allegedly icy parking lot prior to injuring himself. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Congratulations to Las Vegas Partner Jeffrey Saab and Senior Associate Shanna Carter on Winning Another Motion for Summary Judgment!

March 17, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Partner Jeffrey Saab and Senior Associate Shanna Carter’s client owned a condo, which he rented out. The tenant allegedly assaulted Plaintiff across the street from the condo, resulting in personal injury, including nerve damage. Shanna did the research and writing, and Jeff argued the Motion for Summary Judgment. The Court ruled, in pertinent part, that the subject assault off property was not foreseeable, resulting in a complete dismissal of the lawsuit with prejudice. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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Environmental Due Diligence - What's The Hold Up?

November 18, 2025 — W. Tyler Lloyd - The Dispute Resolver
Construction projects do not occur overnight. Regardless of project size, projects take anywhere from months to years to design, build, and complete. Perhaps one portion of the construction project that is always subject to criticism, particularly on large infrastructure projects, is environmental review and the applicability of environmental laws, requiring specific environmental thresholds, and the National Environmental Policy Act (“NEPA”). Contractors are well aware of the timeline and potential impacts that NEPA review might have on a project, and many contractors and national groups have expressed a desire to ensure that NEPA does not interfere with or altogether block the deployment of large infrastructure projects. On federal funded or assisted projects, contractors must comply with strict environmental oversight because the project is tied to federal funding or federal agency accountability. Contractors must also comply with environmental and sustainability mandates under the Federal Acquisition Regulation (“FAR”). The FAR requires federal construction project contracts to include clauses concerning hazardous materials, emergency planning, waste reduction, environmental management systems, and greenhouse gas disclosures. Read the full story...
Reprinted courtesy of W. Tyler Lloyd, Stites and Harbison, PLLC
Mr. Lloyd may be contacted at tlloyd@stites.com

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Builders Oppose Senate Housing Bill Over Investor Ban Provision

March 24, 2026 — Katy O'Donnell - Bloomberg
A powerful group representing the nation’s home builders is coming out against the most significant housing legislation in more than a decade over a provision negotiated by the White House that would restrict institutional investors from purchasing single-family homes. The builders’ objection could imperil the bill’s chances of becoming law, even as leaders of both parties are desperate to show they are doing something to alleviate voters’ cost-of-living concerns. The Senate voted 90-8 to clear a procedural hurdle for the bill on Wednesday, with a vote on final passage expected early next week. The inclusion of the investor ban in a broader housing bill was key to getting the White House on board, Senate Banking Committee Chairman Tim Scott, a Republican from South Carolina, told reporters Tuesday. Read the full story...
Reprinted courtesy of Katy O'Donnell, Bloomberg

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Mind The Gap!

November 04, 2025 — Daniel Lund III - JD Supra
The U.S. District Court for the Southern District of New York addressed the scope of insurance coverage for workplace injuries on a Brooklyn, New York, construction project, holding that the project owner’s insurer had no duty to defend or indemnify the owner in a personal
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