Shubert Nebraska Construction Expert Witness Directory

BWB&O’s LA Team Secures a Defense Victory for General Contractor Client in Riverside Superior Court!

January 13, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Woodland Hills Partner Daniel Crespo and Associate Lauren Landau for securing a defense victory on behalf of one of our general contractor clients! The Riverside Superior Court granted summary judgment in favor of our client, finding the plaintiff’s core allegation was flatly contradicted by video evidence. The Court held that surveillance footage conclusively showed the minor did not fall into an “open trench” as alleged, but instead fell after voluntarily jumping over a temporary construction fence stabilizer. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Ownership and Licensing in Design Agreements

April 14, 2026 — Abby Dvorkin - Snell & Wilmer
The ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project. Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a). Read the full story...
Reprinted courtesy of Abby Dvorkin, Snell & Wilmer
Ms. Dvorkin may be contacted at advorkin@swlaw.com

Snell & Wilmer’s San Diego Office Recognized as One of the “Best Places to Work” by the San Diego Business Journal

November 18, 2025 — Snell & Wilmer
SAN DIEGO - Snell & Wilmer is pleased to announce that its San Diego office has been selected as one of the 2025 “Best Places to Work” by the San Diego Business Journal, ranking 2nd among the companies on the list in the Large Business category. This recognition highlights outstanding companies in the San Diego region that are setting trends and redefining the employee experience. The list is compiled from top local employers that participated in a detailed survey conducted by Workforce Research Group and were evaluated on leadership, corporate culture, communications, and much more. “We are honored to be recognized as one of the Best Places to Work in San Diego and to rank second among the numerous companies in the region that fall into the Large Business category,” said Steffi Hafen, managing partner of Snell & Wilmer’s San Diego office. “This recognition reflects the culture of collaboration and opportunity we have cultivated in San Diego. I am incredibly proud of our team’s dedication to one another, to our clients, and to making a positive impact in the broader community.” Read the full story...
Reprinted courtesy of Snell & Wilmer

PSA: Getting the First Mechanic’s Lien on a Project is a Plus

January 26, 2026 — Christopher G. Hill - Construction Law Musings
As those that read this construction law blog are aware, I am a big fan of mechanic’s liens as a way to get paid. These powerful and tricky beasts are a great way to get an owner’s attention and to put payment pressure on those that owe you money. Recently I was reminded that getting a lien prepared and recorded both carefully and quickly can be key to getting paid on a problem project. Not only should construction professionals keep the 150-day rule and the 90-day rule in mind, but they should also be quick on the trigger when it becomes clear that a mechanic’s lien will be necessary. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Georgia HB 676: A Bill Property Owners and Contractors Should Watch

March 24, 2026 — Robert Lafayette - The Construction Seyt
Property owners, contractors, and others dealing with mechanics and materialmen’s liens in Georgia should keep an eye on HB 676, which is currently making its way through the Georgia General Assembly. The bill aims to curb misuse of the lien process and provide additional remedies to those challenging a frivolous lien filing. What HB 676 Would Do HB 676 would add a new Code section (O.C.G.A. § 44-14-366.6) to the mechanics and materialmen’s lien statutes. If a lien is filed “without substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose,” this new Code section would impose a fine of $1,500 per lien on the lien claimant, in addition to any attorney’s fees or court costs incurred by the party challenging the lien. Read the full story...
Reprinted courtesy of Robert Lafayette, Seyfarth Shaw LLP
Mr. Lafayette may be contacted at rlafayette@seyfarth.com

Call Me Maybe: California’s Fair Claims Settlement Practices Regulations

November 04, 2025 — Garret Murai - California Construction Law Blog
It’s not uncommon in construction claims for there to be Insurance and bond issues, whether it’s tendering a claim to your insurer, or claims against a license, payment, or performance bond. Insurance Code section 790.03 sets forth sixteen (16) unfair claims settlement practices by insurers and sureties including:

Misrepresenting to claimants pertinent facts or insurance policy provisions relating to any coverages at issue.
Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.

Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Quick Note: Don’t Spoil Evidence!!!!

March 10, 2026 — David Adelstein - Florida Construction Legal Updates
The phrase “spoliation of evidence” is a phrase that gets used, sometimes properly and sometimes improperly. The reason is that if evidence is legitimately spoiled, the opposing party wants an adverse inference jury instruction. There are two potential adverse inference jury instructions dealing with spoliation of evidence, neither of which are good, and one of which you definitely don’t want. A recent case discusses these jury instructions (check here) in a slip and fall personal injury case. The bottom line is that you need to preserve evidence relevant to a claim. Don’t lose it. Don’t intentionally destroy it. Don’t pretend it does not exist. Don’t do all the things that hinder the preservation and ultimate production of the relevant evidence. An adverse inference jury instruction (or an adverse inference implication in a non-jury trial) could be much, much worse. The facts are what the facts are. The best thing you can do is confront the facts. Confront the bad facts just like the good facts. The nature of any dispute is that there will be both good and bad facts. Bad facts can hopefully be explained recognizing there will be bad facts on the other side too. Sometimes, the bad facts warrant major strategic considerations and shifting the focus of how a dispute will be handled and presented. Whatever you do, don’t put yourself in a position where you are spoiling evidence. Once you get an adverse inference instruction, that’s it, as it’s very tough to overcome. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Insured Successfully Moves to Dismiss Insurer’s Suit to Eliminate Duty to Defend

January 06, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer had a duty to defend and dismissed the insurer’s motion for summary judgment. Travelers Indem. Co. of Conn. v. I.C. Refrigeration Services Inc., 2025 U.S. Dist. LEXIS 221768 (N.D. Cal. Nov. 10, 2025). Flory Construction, Inc. sued the project owner, Highbridge, asserting claims for (1) foreclosure on mechanics liens; (2) breach of contract; and other cliams. Flory agreed to furnish labor, materials and equipment for improvements to Highbridge’s properties. Flory alleges Highbridge failed to provide payment despite Flory completing “all requested contract work . . . except to the extent prevented by Highbridge.” Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

SHUBERT NEBRASKA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES