Ashby Nebraska Construction Expert Witness Directory

Meet BWB&O’s Super Lawyers Rising Stars in Colorado!

April 08, 2026 — Dolores Montoya - Bremer Whyte Brown & O’Meara, LLP
Bremer Whyte Brown & O’Meara, LLP is thrilled to share that Partner Devin Brunson and Associate Melissa Youngpeter have been named to the Super Lawyers 2026 Colorado Rising Stars list. This recognition reflects their exceptional work in Personal Injury and Civil Litigation.

SUPER LAWYERS RISING STARS

Devin Brunson: 2024-2026

Melissa Youngpeter: 2026

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Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

Time to Negotiate Limitation on Remedies and Damages Is on the Front End

February 10, 2026 — David Adelstein - Florida Construction Legal Updates
Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision whether you want to accept the bargains and risks. If you don’t, well, you can walk away. Move onto another deal. If you do, then you make the business decision as to the bargains or risk transfers and accept them moving forward. One of those bargains and risks deals with a limitation on damages and remedies. In a recent dispute dealing with the sale of an aircraft, there was a provision dealing with the buyer and seller’s remedies in the event of a breach. (Similar to a real estate transaction or other buyer-seller scenario.) “Contract section 10.4(a) stated that if the buyer defaulted, the seller’s “exclusive remedies” were to keep the aircraft and the buyer’s deposit. Section 10.4(b) stated that if the seller defaulted by “fail[ing] to deliver the [aircraft] in accordance with the terms of [the contract],” the buyer’s “sole remedies” were the seller’s reimbursement of the buyer’s inspection costs.” Sky Aviation Holdings, LLC v. Aviation Unlimited, 50 Fla.L.Weekly D2658c (Fla. 4th DCA 2025). As you can see, there was a limitation on the seller’s damages. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Water Reuse Emerges as a Critical Strategy for Data Center Development

June 22, 2026 — Ashleigh Myers, Jillian Marullo & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
As demand for data centers continues to accelerate, water availability is emerging as a critical factor in project development and long-term operations. Although power supply and transmission access have historically dominated siting discussions, increasing water constraints in many regions are placing greater focus on the substantial volumes of water required to support data center cooling systems. As we covered previously, data centers are frequently located in areas already experiencing water stress and require substantial volumes of water to operate—roughly 228 billion gallons in 2023 in the United States alone—with water use projected to increase by up to 170% by 2030. Alternative cooling options, such as free-air cooling or mechanical chillers, can reduce direct water consumption but introduce their own tradeoffs. Free-air cooling is climate-dependent and often ineffective in hotter regions, while mechanical chillers increase energy demand, potentially shifting water consumption upstream through increased electricity generation. Reprinted courtesy of Ashleigh Myers, Pillsbury, Jillian Marullo, Pillsbury and Jason Drogin Atwood, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

'Drywall Isn't Light': Peter Lupo on Safety Management at Standard Drywall

May 26, 2026 — Elaine Silver - Engineering News-Record
Peter Lupo has been safety director since 2019 at San Diego-based Standard Drywall Inc., a major wall and ceiling contractor. He draws on over two decades of safety experience across a wide range of commercial construction work, having previously served as safety director for general contractor T.B. Penick & Sons. He has also previously operated Peter Lupo Consulting, where he reviewed legal cases and provided expert testimony, and blogged on safety for ENR.com. Lupo recently spoke to ENR Correspondent Elaine Silver about the weight of drywall, heat hazard control, bilingual crews and how he supports safety creativity and learning on the Standard Drywall staff. The conversation has been edited. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record
ENR may be contacted at enr@enr.com

At Lake Powell, Engineering Is Outpacing Colorado River Policy

February 10, 2026 — Bryan Gottlieb - Engineering News-Record
Arizona’s Lake Powell is in trouble. U.S. Bureau of Reclamation modeling shows the reservoir dropped roughly 36 ft between December 2024 and December 2025, a decline that is no longer a warning but an operating condition engineers are designing around. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

California’s Retention Reform on Private Construction Projects

February 17, 2026 — Michael McKeeman - The Construction Seyt
Retention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and timely delivery. Contractors and subcontractors, however, often struggled with cash flow, payroll, and material costs while waiting months—sometimes even years—for withheld retention. Recognizing the financial challenges contractors and subcontractors face, the California legislature passed Senate Bill 61 (“SB 61”), now codified under California Civil Code Section 8811 and effective January 1, 2026, limiting retention to 5% on private works of improvement, aligning with the public works standard in place since 2012. The law’s intent is clear—ease financial strain on contractors and subcontractors while still providing owners with security (albeit reduced) with respect to project completion. Read the full story...
Reprinted courtesy of Michael McKeeman, Seyfarth
Mr. McKeeman may be contacted at

Wilke Fleury Attorneys Recognized by 2026 Northern California Super Lawyers and Rising Stars!

July 20, 2026 — Wilke Fleury
Wilke Fleury is pleased to announce that 18 of the firm’s attorneys have been selected for inclusion on the 2026 Northern California Super Lawyers and Rising Stars lists. The annual Super Lawyers and Rising Stars selections recognize attorneys across a wide range of practice areas. This year’s honorees reflect the depth of Wilke Fleury’s litigation, business, healthcare, employment, bankruptcy, appellate, real estate, construction, and estate planning practices. Read the full story...
Reprinted courtesy of Wilke Fleury

The Seventh Circuit Rejects Navigators Insurance Company’s Attempt to Escape Additional Insured Coverage For a Gas Explosion

March 24, 2026 — Kyle A. Rudolph & Anna M. Perry - Saxe Doernberger & Vita, P.C.
In a recent Seventh Circuit decision, Atlanta Gas Light Company v. Navigators Insurance Company, the court addressed a theme that policyholders are often confronted with by insurers[1] – insurers disputing additional insured coverage where the named insured is not named in the underlying action. The court aptly rejected this position since it was undisputed that the bodily injuries alleged in the underlying lawsuits were due to a gas explosion that was “caused, in whole or in part, by” the named insured’s acts or omissions. I. Background The additional insureds, Atlanta Gas Light Company and Southern Company Gas (collectively, “AGL”), retained the named insured, United States Infrastructure Corporation (“USIC”), to locate and mark gas lines that AGL owned in Georgia. USIC failed to mark a certain gas line, which was later struck by a boring company, leading to an explosion that injured three people. Reprinted courtesy of Kyle A. Rudolph, Saxe Doernberger & Vita, P.C. and Anna M. Perry, Saxe Doernberger & Vita, P.C. Mr. Rudolph may be contacted at KRudolph@sdvlaw.com Ms. Perry may be contacted at APerry@sdvlaw.com Read the full story...

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