MACY NEBRASKA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

David Samani Joins BHBA Podcast on Mediation Best Practices

May 05, 2026 — Lewis Brisbois
Los Angeles Partner David Samani recently joined a Beverly Hills Bar Association (BHBA) podcast titled, “Mediation 360: Preparation from the Defense, Plaintiff, and Mediator Perspectives,” during which he shared his insights on various aspects of the mediation process. Mr. Samani, along with a plaintiff’s attorney and a mediator, presented their thoughts on topics including how to determine whether a case is appropriate for mediation, preparing to mediate a case, communicating with clients, and handling the mediation itself. Mr. Samani explained that early communication with clients is critical so that attorneys may learn what a client’s objectives are and develop an assessment of the case. He described that “from an early stage,” attorneys should determine the cost of litigation and ensure that the client understands “what an aggressive defense might entail.” As the matter progresses, attorneys and clients should “continue the dialogue” regarding costs as well as the strengths and weaknesses of the case, “making sure the client is apprised of the various alternatives that exist.” In addition, Mr. Samani discussed factors to consider when choosing a mediator, noting, “All mediators have their own styles and backgrounds.” He explained that some cases may call for a mediator with specialized knowledge in a particular area such as bankruptcy or securities, while other mediations may benefit from a mediator who understands the realities of private practice. Read the full story...
Reprinted courtesy of Lewis Brisbois

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No Ink, No Problem: When Employees and Agents Can Enforce Arbitration Agreements

August 11, 2026 — Jordan Heath & Jacob Morrison - ConsensusDocs
Arbitration is a fundamental component of modern construction contracting. Many in the industry recognize the potential benefits and protections arbitration can provide to the business in the event of a dispute. But an important question many contracts do not address is: who does the arbitration agreement cover? Does it include the business entity only, or the individuals acting on behalf of the entity? As courts have long recognized, entities can generally only act through their employees, representatives, or agents.[1] This article discusses the circumstances in which an agent may rely on an arbitration provision entered by its employer. This is known as the agency doctrine. Reprinted courtesy of Jordan Heath, Associate, Jones Walker LLP and Jacob Morrison, Law Student University of Georgia, Jones Walker LLP Read the full story...
Mr. Heath may be contacted at jheath@joneswalker.com

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21 Snell & Wilmer Attorneys Named Lawyers of the Year by Best Lawyers® for 2027

October 12, 2026 — Snell & Wilmer
PHOENIX – Snell & Wilmer is pleased to announce that 21 of the firm’s attorneys, located across eight offices, have been named 2027 Lawyers of the Year by Best Lawyers®. In conjunction with selection to the 2027 edition of The Best Lawyers in America® guide, the “Lawyer of the Year” recognition is awarded to individual lawyers with the highest overall peer-feedback for a specific practice area and geographic region. Only one lawyer is recognized for each practice area and location. Read the full story...
Reprinted courtesy of Snell & Wilmer

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Drilling Rig Topples at Citadel Miami Headquarters Site, Injuring Four

October 12, 2026 — Bryan Gottlieb - Engineering News-Record
An 85-ft drilling rig working at the site of Citadel's planned global headquarters in Miami toppled into Brickell Bay Drive Sept. 14, striking vehicles and a construction container, sending three workers and a motorist to hospitals. 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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Your AEC Firm Has a Memory Problem. Here Is How to Fix It

June 01, 2026 — Aarni Heiskanen - AEC Business
AEC companies trying to operationalize AI often find they lack the data foundation on which to build. There may be an abundance of data hidden in documents, but you can’t reliably use it for AI. The lack of data quality was a key topic discussed at the AI in AEC 2026 conference. During the event, I met many experts working to solve this problem, including Pavlina Nikolova, Egnyte‘s EMEA AEC Practice Lead. The chat and her presentation highlighted the challenges and ways to overcome them. 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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Snell & Wilmer’s Los Angeles Office Recognized as One of the “Best Places to Work” by the Los Angeles Business Journal

September 15, 2026 — Snell & Wilmer
LOS ANGELES – Snell & Wilmer is proud to announce that its Los Angeles office has been named one of the 2026 Best Places to Work by the Los Angeles Business Journal as part of its annual Best Places to Work awards. The recognition honors outstanding employers across the Los Angeles region that are fostering strong workplace cultures and creating positive employee experiences. Selections are based on confidential employee surveys conducted by Workforce Research Group, which evaluate organizations on leadership, corporate culture, communication, employee engagement, and other key workplace factors. “We are honored to be recognized as one of the Best Places to Work in Los Angeles,” said Joshua Schneiderman, managing partner of the firm’s Los Angeles office. “This recognition reflects the collaborative culture we have built and the dedication of our attorneys and professional staff who contribute to making our office a great place to work. We remain committed to providing opportunities for growth, fostering meaningful connections, and supporting our team members’ continued success.” Read the full story...
Reprinted courtesy of Snell & Wilmer

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Achieving Sustainability Through Design Build Delivery: Part II – A Framework for Managing Sustainability Objectives on Private Commercial Construction

October 06, 2026 — Jennifer Harris, Tiffany Harrod & Joshua Pruett - ConsensusDocs
Part I of this series traced the history and development of sustainability in construction and explained why design-build (“DB”) contracting is particularly well suited to achieve sustainability objectives. But selecting DB contracting does not by itself ensure a sustainable outcome. The parties must define their sustainability objectives with precision, establish measurable performance criteria and identify who will measure compliance with the criteria, and also draft contract terms that clearly and fairly allocate the associated responsibilities and risks. Otherwise, the completed project may fall short of its sustainability objectives and expose the parties to claims, disputes, and litigation. Part II offers a non-exhaustive list of practical guidance for addressing these issues and reducing those risks. This article references the ConsensusDocs 310 Green Building Addendum, in conjunction with an agreement between the Owner and the Design-Builder (e.g., ConsensusDocs 415)[1], [2] and AIA Document E204–2017 Sustainable Projects Exhibit,[3] together with AIA A141,[4] as its contractual baseline. The five-part framework that follows is a roadmap for allocating sustainability risk between private owners and design-builders: define the requirements, identify hidden performance guarantees, map out the sustainable objective, address third-party certification risk, and track performance against agreed benchmarks. Reprinted courtesy of Jennifer Harris, Peckar & Abramson, P.C., Tiffany Harrod, Peckar & Abramson, P.C. and Joshua Pruett, Peckar & Abramson, P.C. Ms. Harris may be contacted at jharris@pecklaw.com Ms. Harrod may be contacted at tharrod@pecklaw.com Mr. Pruett may be contacted at jpruett@pecklaw.com Read the full story...

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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.
Partner Jonathan R. Harwood Obtained Summary Judgment in a Coverage Action Arising out of a Claim for Personal Injury

Insurers Dispute Sharing of Defense in Construction Defect Case

Pa. Contractor Pleads No Contest to Prevailing-Wage Charges, Pays Workers $20.7M

…More on Delay Claims and the Burden of Proof Substantiating Delay

AI and the Optimization of Construction Projects

Real Estate & Construction News Roundup (3/20/24) – Construction Backlog Falls, National Association of Realtors Settle Litigatio
Kahana Feld Welcomes Six Attorneys to the Firm in Q4 of 2023

Eminent Domain Bomb Threats Made on $775M Alabama Highway Project

Is the Manhattan Bank of America Tower a Green Success or Failure?

Insurance Policies and Indemnity Provisions Are Not the Same

Malerie Anderson Named to D Magazine’s 2023 Best Lawyers Under 40

Nevada Senate Rejects Construction Defect Bill

It’s (Not) Discretionary

New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board

New York Construction: New Rules for Reporting and Cancellation Pay

NY Supreme Court Rules City Not Liable for Defective Sidewalk

Additional Insured Not Covered Where Injury Does Not Arise Out Of Insured's Work

Appellate Court reverses district court’s finding of alter ego in Sedgwick Properties Development Corporation v. Christopher Hinds (2019WL2865935)

Tech Focus: Water Tech Getting Smarter

Hawaii Bill Preserves Insurance Coverage in Lava Zones

AI and the Optimization of Construction Projects

Quick Note: Expert Testimony – Back to the Frye Test in Florida

Harlem Developers Reach Deal with Attorney General

Court Rules that Damage From Squatter’s Fire is Not Excluded as Vandalism or Malicious Mischief

Safety Data: Noon Presents the Hour of Greatest Danger

Differing Site Conditions: What to Expect from the Court When You Encounter the Unexpected

Congratulations to Arizona Managing Partner John Belanger and Associate Ryan Leibel on Securing a Win at Arbitration!

Almost Half of Homes in New York and D.C. Are Now Losing Value

Home insurance perks for green-friendly design (guest post)

Vincent Alexander Named to Florida Trend’s Legal Elite

Insurer Fails to Establish Prejudice Due to Late Notice

Reinsurer Must Reimburse Health Care Organization for Settlement Costs

Architect Sues School District

Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

Statute of Frauds Applies to Sale of Real Property

Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose

Construction Contract Clauses Only a Grinch Would Love – Part 4

Building More Than a Ramp: HHMR and the Home Builders Foundation

Forget Fifth Graders - Are You Smarter Than a CEO?

Real Estate & Construction News Roundup (5/29/24) – Megaprojects on the Rise, Agency Guidance for CRE, and an Upbeat Forecast for Commercial Real Estate Investment

No Coverage For Damage Caused by Chinese Drywall

How Mobile Tools Are Capturing Safety Data on Jobsites

DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case

Thanks for Four Years of Recognition from JD Supra’s Readers’ Choice Awards

Hurricane Claim Cannot Survive Anti-Concurrent Causation Clause

Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition

For Whom Additional Insured Coverage Applies in New York

Speak Now or Forever Sign That Release – Part 1

Second Circuit Revives Policyholder’s Negligence Claim Against Agent

Changes and Extra Work – Is There a Limit?

AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages

Defective Concrete Blocks Spell Problems for Donegal Homeowners

Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

Congratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!

Consultant’s Corner: Why Should Construction Business Owners Care about Cyber Liability Insurance?

Improper Classification Under Davis Bacon Can Be Costly