Bard New Mexico Construction Expert Witness Directory

EPA, Maryland Sue DC Water Over Massive Potomac River Sewage Spill

May 14, 2026 — Jim Parsons - Engineering News-Record
The state of Maryland and the federal government have filed separate lawsuits against the District of Columbia Water and Sewer Authority (DC Water), both alleging that the agency’s failure to address longstanding deterioration in the Potomac Interceptor contributed to a weeklong release of more than 240 million gallons of raw sewage into the Potomac River this past January. Read the full story...
Reprinted courtesy of Jim Parsons, Engineering News-Record
ENR may be contacted at enr@enr.com

Traub Lieberman Partner Ryan Parker and Associates Robert Biferie and Matthew Groteke Win Final Summary Judgment on Behalf of Homeowner’s Insurance Company

November 02, 2026 — Ryan S. Parker, Robert Biferie & Matthew Groteke - Traub Lieberman
Traub Lieberman Partner Ryan Parker and Associates Robert Biferie and Matthew Groteke won final summary judgment on behalf of their client, a homeowner’s insurance company. The case related to a claim for damage caused by Hurricane Milton, which was reported more than ten months after the date of loss. The homeowner’s insurance company reviewed historical aerial photography of the roof and determined that there was no evidence of damage immediately after the Hurricane, which was inconsistent with the condition of the roof when it was inspected more than ten months later. Additionally, the homeowner’s insurance company was unable to determine when the interior water damage occurred due to the delay in reporting the claim. After a lawsuit was filed, the Traub Lieberman team took depositions of the Plaintiffs and the opposing expert and eventually filed a Motion for Summary Judgment based on the failure to timely report the claim and resulting prejudice to their client. The Court granted the Motion for Summary Judgment finding that notice of the claim was untimely as a matter of law and that the Plaintiffs failed to rebut the legal presumption of prejudice to the insurance company. As a result of the ruling, the insurance company has a valid claim for attorney’s fees. Reprinted courtesy of Ryan S. Parker, Traub Lieberman, Robert Biferie, Traub Lieberman and Matthew Groteke, Traub Lieberman Mr. Parker may be contacted at rparker@tlsslaw.com Mr. Biferie may be contacted at rbiferie@tlsslaw.com Mr. Groteke may be contacted at mgroteke@tlsslaw.com Read the full story...

Inaccurate Representations Can Lead to Differing Site Conditions Claim

May 26, 2026 — David Adelstein - Florida Construction Legal Updates
In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor. Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978). The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses

May 12, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies. Typically, both a homeowners’ policy and a commercial property policy include a grant of coverage for “direct physical loss of or damage to Covered Property.” Covered perils are listed, including such events as fire, lightning, or windstorm. Covered Property includes dwellings, other structures on the property and personal property. Additional coverages are usually provided. This includes debris removal after a peril insured against or collapse of a structure. In a homeowners’ policy, additional living expenses are likely covered when the damaged home is not fit to live in. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Kahana Feld Opens New Office in Sacramento, Adding Key Litigator and Expanding Northern California Footprint

August 24, 2026 — Kahana Feld
IRVINE, CA – Aug. 11, 2026 – Kahana Feld is pleased to announce the opening of a new office in Sacramento, CA. This will be the firm’s 19th office across the United States. Partner Melvin F. Marcia has joined Kahana Feld and will lead the opening of the Sacramento office. He is joined by attorneys Matthew Brenner and Britney Lucchesi as well as paralegal Michelle Welcker. “We’re excited to welcome Melvin to the Kahana Feld team and expand our footprint in Northern California,” said Amir Kahana, Firmwide Managing Partner of Kahana Feld. “His addition strengthens Kahana Feld’s capabilities and will allow us to work more closely with our general liability, construction defect, and labor and employment clients in the Sacramento area while continuing to provide the level of service and experience they have come to expect from our firm.” Read the full story...
Reprinted courtesy of Kahana Feld

Mandatory Arbitration Isn’t All Bad, if. . .

July 13, 2026 — Christopher G. Hill - Construction Law Musings
In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in the camp of those that think that mandatory arbitration clauses of the type typically found in contracts can add a layer of expense that can be unnecessary. However, if an arbitration clause is carefully drafted, and properly used, these clauses an be helpful in assuring that the streamlining effect for which arbitration was created actually occurs. Because the contract is king in Virginia, these provisions can essentially create the rule of civil procedure used to resolve any dispute relating to the project. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Nomos LLP Partner Garret Murai Recognized by Super Lawyers

July 13, 2026 — Garret D. Murai - California Construction Law Blog
Nomos LLP Partner Garret Murai has been recognized as a 2026 Northern California Super Lawyer honoree in the area of Construction Litigation. This is the thirteenth consecutive year he has been recognized by Super Lawyers. Super Lawyers, an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and personal achievement, is limited to no more than five percent (5%) of lawyers in a state who are selected through a multiphase process that includes a statewide survey of lawyers, independent research evaluation and peer reviews by practice area. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Michael C. Zisa and Phillip Boldt Co-Author D.C. Chapter of “50-State Guide to Electronic Execution of the General Agreement of Indemnity”

October 06, 2026 — Michael C. Zisa & Phillip Boldt - Peckar & Abramson, P.C.
Michael C. Zisa, Co-Managing Partner of P&A’s Washington, D.C. office, Chair of the Surety and Construction Related Insurance Defense practice, and Co-Chair of the Crisis Management team, and Phillip Boldt, an Associate in P&A’s Washington, D.C. office, have co-authored the District of Columbia chapter of the American Bar Association (ABA) Fidelity and Surety Law Committee and The Surety & Fidelity Association of America’s (SFAA), “50-State Guide to Electronic Execution of the General Agreement of Indemnity.” Reprinted courtesy of Michael C. Zisa, Peckar & Abramson, P.C. and Phillip Boldt, Peckar & Abramson, P.C. Mr. Zisa may be contacted at mzisa@pecklaw.com Mr. Boldt may be contacted at pboldt@pecklaw.com Read the full story...

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