NEW BOSTON NEW HAMPSHIRE CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Rebuilding in Fire-Damaged Los Angeles One Year Later

January 26, 2026 — Zoltan Pali - Construction Executive
As wildfires, and subsequent mudslides become more frequent and destructive across Los Angeles, rebuilding efforts must go beyond policy reform to address a critical, often overlooked challenge: the condition of the land itself. Mayor Karen Bass’ recent executive actions–streamlining approvals, reducing fees and allowing rebuilt homes to be up to 10% larger–mark meaningful progress in cutting red tape. But while these changes may make rebuilding easier on paper, difficulties remain hidden beneath the rubble. Before the Blueprint, the Groundwork In hillside neighborhoods like Pacific Palisades, where entire communities have been reduced to ash, rebuilding does not only begin with drawings or permits–it may begin with stabilizing the land. Many of the coastal and hillside neighborhoods are naturally unstable, and since many homes were built prior to 1956–pre-codification of artificial fill for building pads–slope reinforcement, soil replacement, deep foundation systems, engineered grading or some other forms of mitigation are required. These measures are not only time-intense and highly technical, but they are also expensive and often not covered by insurance. Reprinted courtesy of Zoltan Pali, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Quick Note: If You Want to Recover Attorney’s Fees In a Contractual Dispute, Include a Prevailing Party Attorney’s Fees Provision

January 21, 2026 — David Adelstein - Florida Construction Legal Updates
If you want the ability to recover attorney’s fees in the event of a contractual dispute, include a prevailing party attorney’s fees. Negotiate this point on the front end. Not doing so will hinder your ability to make the argument that you should be entitled to attorney’s fees due to a breach of the contract. In a recent case, the prevailing party relied on an indemnification provision to create the argument for attorney’s fees even though the action had NOTHING to do with indemnity. This was shot down on appeal as a party can’t use an indemnification provision to create that attorney’s fees argument UNLESS the provision is expressly clear on this point. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Data Center Construction and the AEC Partner of the Future

April 14, 2026 — Aarni Heiskanen - AEC Business
During my involvement in designing mobile phone production facilities, the speed of design and construction was critical. Any delay could directly translate into lost revenue. That same logic now applies to data centers, though the stakes are much higher. Instead of optimizing physical production lines, we are constructing infrastructure for digital production. The global data center capacity is expected to nearly double by 2030, and with this level of demand, the traditional project-by-project delivery model begins to show its limitations. Data centers are no longer isolated projects in the traditional sense. They are evolving into repeatable, scalable production systems, making them ideal environments for AEC process and business model innovation. 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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Microscopic Soot, Major Win: Policyholder Coverage Expands

January 06, 2026 — Scott P. DeVries & Natalie Reed - Hunton Insurance Recovery Blog
In a recent opinion, the 8th Circuit rejected an insurer’s attempt to expand insurer victories in a COVID-19 context to other more traditional claims of property damage. Reaffirming long standing principles, the court held soot and water damage associated with a fire constituted “direct physical loss or damage” under a commercial property insurance policy. The policyholder, Maxus Metropolitan, sued their insurer, Travelers, which had refused to reimburse Maxus for remediation costs associated with a fire at their building. The dispute arose after one of six buildings in a complex owned by Maxus caught fire. Travelers covered part of the damage for the building that caught fire. However, seven months after the fire, Maxus learned of soot and water damage throughout the other five buildings, some of which were under construction and some that had residents. The commercial property policy Travelers issued to Maxus covered up to $35 million in “direct physical loss…or damage.” Travelers refused to reimburse for the remediation and in response Maxus sued Travelers for breach of contract and vexatious refusal to pay in Missouri. Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth LLP and Natalie Reed, Hunton Andrews Kurth LLP Mr. DeVries may be contacted at sdevries@hunton.com Ms. Reed may be contacted at nreed@hunton.com Read the full story...

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Kahana Feld Secures Voluntary Discontinuance With Prejudice in High-Exposure Trip-and-Fall Case

December 22, 2025 — Kahana Feld
Kahana Feld partners Rachael Marvin and Dominic Donato recently achieved a significant victory in Kings County obtaining a voluntary discontinuance with prejudice of a high-exposure trip-and-fall lawsuit just before oral argument on defendants’ motion for summary judgment. Plaintiff claimed they were injured after tripping on an allegedly worn and cracked exterior stair at the clients’ property. However, through careful investigation and strategic motion practice, our team argued that the accident did not occur on the defendants’ premises, but instead on a nearby MTA subway platform, as identified by eyewitness accounts and plaintiff’s medical records. Additionally, our defense medical expert opined that the plaintiff’s severe leg injuries were inconsistent with the claimed fall location—supporting our position that the alleged incident could not have happened as described. Read the full story...
Reprinted courtesy of Kahana Feld

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Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

February 23, 2026 — Lewis Brisbois Newsroom
Fort Lauderdale associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case. This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense. Read the full story...
Reprinted courtesy of Lewis Brisbois

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How to Properly Fill Out and Use the Unconditional Waiver and Release on Progress Payment Form Used in California Construction

December 22, 2025 — William L. Porter - Porter Law Group
This is the Second article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Unconditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend. Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

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Self-Healing Infrastructure Could Pave the Road to the Future

May 05, 2026 — Allan C. Van Vliet - Gravel2Gavel Construction & Real Estate Law Blog
A single hairline crack in a bridge deck can seem insignificant. But left undetected, minor cracks and fissures expand, water seeps in, steel corrodes and repair costs start to increase. This risk multiplies across thousands of miles of aging highways and bridges nationwide. As infrastructure endures increasing strain from heavier traffic, extreme weather and deferred maintenance, engineers are exploring “self-healing” systems, where streets and bridges are built with materials that can repair themselves. Concrete, asphalt and composites capable of detecting and mending microcracks autonomously are moving from laboratory research to pilot projects. But while emerging technology promises longer-lasting infrastructure, it also raises questions about long-term maintenance, performance guarantees, procurement frameworks and risk allocation. Read the full story...
Reprinted courtesy of Allan C. Van Vliet, Pillsbury
Mr. Van Vliet may be contacted at allan.vanvliet@pillsburylaw.com

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