ROEBLING NEW JERSEY CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Court Ends Trump Shutdown of NY's $5B Empire Wind, Second Offshore Project Revived

February 17, 2026 — Debra K. Rubin - Engineering News-Record
In a much-anticipated decision Jan. 15, the federal district court in Washington, D.C., revoked a construction shutdown ordered by the Trump administration against another major East Coast offshore wind project—the $5-billion Empire Wind underway south of New York City. The project's developer, Norway-based Equinor, won a stay and preliminary injunction in response to its lawsuit and one from the state, which aims to direct most of the project's planned 810 MW of power generation to the city's metro area. Read the full story...
Reprinted courtesy of Debra K. Rubin, Engineering News-Record
Ms. Rubin may be contacted at rubind@enr.com

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ACEC Supports BUILD America 250 Act as Important First Step on Surface Reauthorization

May 26, 2026 — The American Council of Engineering Companies
WASHINGTON -- The American Council of Engineering Companies (ACEC), the business voice of America’s engineering and design services industry released the following statement on the BUILD America 250 Act: "Chairman Graves and Ranking Member Larsen have taken an important bipartisan step toward reauthorizing the federal surface transportation programs that are critical to economic growth in every state. The BUILD America 250 Act provides five years of stability in funding road and transit projects, raises new revenues to address the solvency of the Highway Trust Fund, and includes meaningful provisions to strengthen project delivery, advance digital infrastructure, and improve the contracting framework that engineering firms rely on every day. ACEC will continue to advocate for investment levels that keep pace with the country's growing infrastructure needs, and we urge the Committee to keep this process moving forward." The American Council of Engineering Companies (ACEC) is the business association of America’s engineering industry, representing more than 5,500 independent engineering firms and more than 650,000 professionals throughout the United States engaged in the development of America’s transportation, water, and energy infrastructure, along with environmental, industrial, and other public and private facilities. Founded in 1906 and headquartered in Washington, D.C., ACEC is a national federation of 51 state and regional organizations.

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NJ Public Works Contractors Beware – Pay Special Attention When Submitting Your Public Works Contractor Registration

May 26, 2026 — Levi W. Barrett & Aaron C. Schlesinger - Peckar & Abramson, P.C.
While it is always important to be careful when making submissions to government agencies, recent activity by the New Jersey Department of Labor and Workforce Development (“NJDOL”) reveals considerably increased scrutiny in connection with contractors renewing their New Jersey Public Works Registration. Extra care when completing the registration renewal process is warranted, because the consequences of a misstep can be significant and disruptive. The New Jersey Public Works Contractor Registration Act requires all contractors bidding on or engaging in construction-related public works projects to register with the NJDOL. This registration, which must be resubmitted every 1-2 years, requires contractors to make a number of detailed disclosures relating to, among other things, the entity’s ownership structure, prior state and federal labor law violations, details regarding interests in other businesses, unlawful acts by owners/officers, and participation in apprenticeship programs. Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C. and Aaron C. Schlesinger, Peckar & Abramson, P.C. Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Read the full story...

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Colorado Court of Appeals Confirms: Prevailing Parties Can Recover “Fees on Fees” — Reinforcing Why Builders Should Strike Attorneys’ Fee Clauses From Their Contracts

December 30, 2025 — David McLain - Colorado Construction Litigation Blog
Colorado developers, builders, and contractors should take notice of a recently published Colorado Court of Appeals decision that increases the financial exposure created by prevailing party attorneys’ fee clauses. In 1046 Munras Properties, L.P. v. Kabod Coffee, 2025 COA 71, the Court held, for the first time in a published Colorado case, that a prevailing party may recover not only contractual attorneys’ fees, but also the attorney fees incurred to obtain those fees. In short: “fees on fees” are now recoverable when a contract contains a broad fee shifting clause. This development underscores the same warning sounded years ago in a prior HHMR blog post titled, Attorney Fee Clauses Are Engraved Invitations to Sue. If prevailing party fee provisions already encouraged litigation, the Munras decision supercharges that incentive. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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Fraud Allegations Stymie Additional Insured’s Request for a Defense

May 14, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Federal District Court granted the insurer’s motion to dismiss the insured’s complaint seeking a defense of the underlying case alleging fraud. Renovation Realty, Inc. v. Colony Ins. Co., 2026 U.S. Dist. LEXIS 21409 (S.D. Cal. Jan. 30, 2026). Mara Fortin sued Renovation Realty and others (“Fortin litigation”) from the fraudulent sale of a residence. The underlying complaint alleged Renovation “deliberately misrepresented of the residence as ‘completely remodeled’ and ‘meticulously maintained’.” The defendants, however, including Renovation, “knew from sources including a pre-renovation termite report documenting fungus and dry rot . . . that the Property harbored pre-existing material defects.” 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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Contract Disputes Act and Jurisdictional Requirements

March 17, 2026 — David Adelstein - Florida Construction Legal Updates
When dealing with a claim on a federal construction project, there are a couple of key background jurisdictional points. These points were briefly highlighted in the recent appeal, Mega Star Logistics Service Co. v. Department of State, CBCA 8232, 2026 WL 253738 (CBCA 2026). Here are the two points. FIRST, when it comes to jurisdiction, for a board of contract appeals “to exercise jurisdiction over a claim, the CDA [Contract Disputes Act] requires the contractor to submit a written claim to the contracting officer for a COFD [contracting officer final decision], with a subsequent appeal of the COFD or deemed denial if the CO [contracting officer] does not issue a COFD.” Thus, you need to submit a formal claim under the Contract Disputes Act to the contracting officer to get a final decision from the contracting officer (or the contracting officer waiving the final decision by not timely furnishing one). Mega Star Logistics, supra. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Fourth Circuit Extends Coverage to Contractor

May 14, 2026 — Hunton Insurance Recovery Blog
The Fourth Circuit in APAC-Atlantic, Inc. v. Owners Insurance Co., No. 24-1969, 2026 WL 458402 (4th Cir. Feb. 18, 2026) recently endorsed broad coverage for additional insureds, interpreting “arising out of” broadly under North Carolina law to extend coverage to a repaving company under its subcontractor’s liability insurance policy. The court held that an additional insured’s liability “arising out of” a named insured’s work in an additional-insured endorsement means liability “relating to” or “causally connected to” the named insured’s operations, rather than liability defined more narrowly as “caused by” or “the fault of” the named insured. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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ZEC 2.0: New York’s Zero Emissions Credit Program Gets an Extension and a Reboot

February 10, 2026 — Stephen J. Humes & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
In a landmark move that could shape New York’s energy landscape for decades, state officials have taken steps to both preserve its existing nuclear power facilities and significantly expand its advanced nuclear capacity. These actions are part of a broader strategy to maintain grid reliability and meet both escalating energy demand and the state’s ambitious greenhouse gas reduction and zero carbon goals. Renewing the Zero Emissions Credit Program On January 22, 2026, the New York Public Services Commission (PSC) unanimously voted to extend and reboot the Zero Emissions Credit program (now called ZEC 2.0) to ensure that New York’s four upstate nuclear reactors maintain operations through 2049. The program, which began in 2016, is designed to provide revenue subsidies for legacy nuclear facilities that have been facing financial difficulties in New York’s competitive wholesale power markets. State officials have stated that the benefits of ensuring the continued operations of these reactors far outweigh the costs due to the lack of zero-emissions alternatives and the importance of ensuring grid reliability in the face of escalating energy demand from large loads like data centers. Reprinted courtesy of Stephen J. Humes, Pillsbury and Jason Drogin Atwood, Pillsbury Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

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