Bernhards Bay New York Construction Expert Witness Directory

Celebrating BWB&O’s 2026 Super Lawyers Rising Stars in San Diego!

March 31, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partners Jocelyn Russo, Christina Matian, and Associate Angelo Perillo have been named to the Super Lawyers 2026 San Diego Rising Stars list. This recognition highlights their outstanding dedication and distinguished service in Family Law, Civil Litigation, and Personal Injury Litigation.

SUPER LAWYERS Jocelyn Russo: 2023-2026 Christina Matian: 2024-2026 Angelo Perillo: 2024-2026

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Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

DOI Finalizes Long-Awaited Modernization of Type A Natural Resource Damage Assessment Regulations

August 03, 2026 — Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
For nearly three decades, the U.S. Department of the Interior’s (DOI) simplified “Type A” Natural Resource Damage Assessment (NRDA) regulations were available more in theory than in practice, constrained by dated models, narrow geographic applicability and a $100,000 cap that rarely matched the economics of modern environmental claims. DOI has now finalized revisions to the Type A natural resource damages assessment procedures under 43 C.F.R. Part 11 for hazardous substance releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA), with the final rule published in the Federal Register on July 13, 2026 and scheduled to become effective August 12, 2026. As discussed previously, DOI has sought to modernize what it views as an “inefficient and inflexible” process and restore the Type A procedure to its intended role as a more streamlined pathway for smaller, less contentious NRD claims. The final rule adopts a $5 million default damages threshold, allows use above that amount if all parties agree, clarifies that Type A may be used in all environments and for all natural resource types, and removes legacy model appendices that had tethered the process to outdated formulas. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh K. Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

A Permitting Base Checklist for Data Centers and Power Plants

June 02, 2026 — Michael S. McDonough, Stephen J. Humes & Stacey C. Wright - Gravel2Gavel Construction & Real Estate Law Blog
There is a lot of talk these days about “license to operate” for data centers, meaning management of the relationships with stakeholders and broader communities concerning both the benefits and adverse consequences of locating a facility in a particular locale. Here, we are speaking of “license to operate” more literally—namely, the legal and regulatory permitting and approval requirements for a privately owned data center whether by itself or colocated with a power generating plant. Our Base Checklist includes generally and potentially applicable permitting requirements for development and operation, using California as an example. (Taking legal authority Frank Sinatra out of context, “If you can make it there, you can make it anywhere.”) The actual requirements for a given facility would depend, in part, on local law, including planning and zoning laws and plans, and the environment of the site. Just as examples, additional permitting and mitigation requirements might apply if sensitive receptors are located nearby (e.g., noise mitigation for residential dwellings), if sensitive and protected biological resources (e.g., jurisdictional waters and/or protected species) would be impacted, or if the present or former land uses require additional measures (e.g., hazardous materials remediation, mitigation for conversion of prime farmland, or protection of cultural resources). The scope of permit requirements would ultimately be determined by the applicable regulatory agencies and by the lead and responsible agencies under the applicable state environmental land use regime—in our reference case here, the California Environmental Quality Act (CEQA). Reprinted courtesy of Michael S. McDonough, Pillsbury, Stephen J. Humes, Pillsbury and Stacey C. Wright, Pillsbury Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Ms. Wright may be contacted at stephen.humes@pillsburylaw.com Read the full story...

How AEC Firms Move AI Beyond the Pilot

July 27, 2026 — Aarni Heiskanen - AEC Business
Most AEC firms can run an AI pilot, but few can scale it. Enthusiasm for a first experiment rarely extends beyond the pilot team, leaving the pilot as an isolated win that never changes how the company works. In a recent AEC Business Podcast episode, Adeline Chan, CEO and co-founder of Hong Kong-based AAL Innovation, explained why that gap exists and what separates the firms that close it from those that stall. The Pilot Mindset that Holds Construction Back Adeline draws a sharp contrast between finance and construction. Banks cannot afford to fall behind their competitors, so they pilot constantly, sometimes running hundreds of proof-of-concept teams in parallel and letting them compete internally to identify the approach that works. The winning concept becomes the standard and scales across the organization, and the return on investment is measured in undeniable numbers. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Ahlers Cressman & Sleight leads in recognized Construction Litigation Attorneys

September 01, 2026 — Ahlers Cressman & Sleight PLLC
Ahlers Cressman & Sleight is pleased to announce its leading recognition in the 2026 Washington Super Lawyers magazine. With ten members named, ACS has more recognized Construction Litigation attorneys than any other firm on the 2026 Washington Super Lawyers list, compared to three at the next closest firm. Two ACS members were also recognized on the 2026 Washington Rising Stars list. Super Lawyers selects these recognized lawyers by using a patented multiphase selection process. First, lawyers enter the candidate pool by being nominated by their peers or by being identified by managing partner surveys, third-party feedback, or the Super Lawyersresearch team. Next, Super Lawyersconducts an independently researched evaluation using twelve indicators of professional achievement and peer recognition: verdicts/settlements, transactions, representative clients, experience, honors/awards, special licenses/certifications, position within a law firm, bar and/or professional activity, pro bono and community service, scholarly lectures/writings, education/employment background, and other outstanding achievements. Then, candidates with the highest point totals serve on a Blue Ribbon panel, evaluating other candidates within their primary practice area. Finally, only 5% of attorneys are selected for the Super Lawyers list, and 2.5% of attorneys are selected for the Rising Stars list. More information about the Super Lawyers Selection Process can be found here. Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

Real Estate & Construction News Roundup (8/5/26) – Data Centers Reshape Hotel Demand, AI Changes Construction Workflows and Global Tariffs Raise CRE Construction Costs

August 16, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, AI creates new real estate play for VCs, Wall Street sells more rental homes, builders capitalize on flood of water projects and more!

Data center construction has the potential to be a significant opportunity for extended stay hotels in the near and long term, provided sustainable demand patterns exist within a given market. (Jenna Graber, Hotel Dive)
Artificial intelligence doesn’t represent an “extinction event” for AEC firms, but it will fundamentally change the way construction pros streamline certain tasks. (Matthew Thibault, Construction Dive)
With the 21st Century ROAD to Housing now law, there are a number of outstanding questions about implementation and compliance for multifamily pros. (Julie Strupp, Multifamily Dive)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Every High-Tech Building Has Many Lifespans

August 16, 2026 — Aarni Heiskanen - AEC Business

Mississippi exclusions j(5) and j(6) “that particular part”

Coverage Found for Faulty Workmanship Damaging Other Property

Federal Court Requires Auto Liability Carrier to Cover Suit Involving Independent Contractor Despite “Employee Exclusion”

French Government Fines National Architects' Group $1.6M Over Fee-Fixing

The Road to Hell is Paved with Good Intentions: A.B. 1701’s Requirement that General Contractors Pay Subcontractor Employee Wages Will Do More Harm Than Good

Contractor Manslaughter? Safety Shortcuts Are Not Worth It

Properly Trigger the Performance Bond

Thoughts on New Pay if Paid Legislation

More thoughts on Virginia Mechanic’s Liens

Insurance Client Alert: Mere Mailing of Policy and Renewals Into California is Not Sufficient Basis for Jurisdiction Over Bad Faith Lawsuit

SNC-Lavalin’s Former Head of Construction Pleads Guilty to Bribery, Money Laundering

Construction and Contract Issues Blamed for Problems at Anchorage Port

The Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months In

Citigroup Pays Record $697 Million for Hong Kong Office Tower

Construction Leads World Trade Center Area Vulnerable to Flooding

The Case For Designers Shouldering More Legal Responsibility

Contractor Gets Benched After Failing to Pay Jury Fees

Oregon Bridge Closed to Inspect for Defects

Courts Will Not Second-Guess Public Entities When it Comes to Design Immunity

Kahana Feld LLP Senior Attorney Rachael Marvin and Partner Dominic Donato Obtain Complete Dismissal of Plaintiff’s Labor Law Claims on Summary Judgment

LA Wildfires Push California Insurance Market to Its Limit

Time to Update Your Virginia Mechanic’s Lien Forms (July 1, 2019)

2019’s Biggest Labor and Employment Moves Affecting Construction

Real Estate & Construction News Roundup (1/28/25) – FTC Suing Greystar, DOJ Investigating Top Residential Landlords and Trump Facing Housing Conundrum

Ambiguity Kills in Construction Contracting

How the Cumulative Impact Theory has been
CFTC Establishes Climate-Risk Unit, Echoing Other Biden Administration Agency Themes

Battle Looms as Feds Order Washington State Coal Plant to Stay Open

The “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals

When is Construction Put to Its “Intended Use”?

Will European Insurers’ Positive Response to COVID-19 Claims Influence US Insurers?

A Win for Policyholders: Court Finds Flood Exclusion Inapplicable to Plumbing Leaks Caused by Hurricane Rainfall

Hurricane Harvey: Understanding the Insurance Aspects, Immediate Actions for Risk Managers

Congratulations to Las Vegas Partner Madeline Arcellana on Securing a FULL DISMISSAL for BWB&O’s Clients!

Building and Landscape Standards Enacted in Response to the Governor's Mandatory Water Restrictions Dealing with the Drought and Possible Effects of El Niño

Design, Legal and Accounting all Fight a War on Billable Hours After the Advent of AI

Engineers Found ‘Hundreds’ of Cracks in California Bridge

Shiloh and Vallejo: The DOI Tale of Two Properties

Would You Trade a Parking Spot for an Extra Bedroom?

As Florence Eyes East Coast, Are You Looking At Your Insurance?

July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors

Congratulations to Haight Attorneys Selected to the 2021 Southern California Super Lawyers List

Want to Make Your Jobsite Safer? Look to the Skies.

Real Estate & Construction News Round-Up (02/15/23) – Proptech Solutions, Supply Chain Pivots, and the Inflation Reduction Act

Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

It’s Not Just the Millennium Tower That’s Sinking in San Francisco

Contractor Disputes Report Amid Amazon Warehouse Collapse Lawsuit

Wendel Rosen’s Construction Practice Group Welcomes Quinlan Tom

A DC Office Building Offers a Lesson in Glass and Sculpture

It’s Time to Start Planning for Implementation of OSHA’s Silica Rule

Best Lawyers Recognizes Twenty White and Williams Lawyers

Godfather Charged with Insurance Fraud

Michigan Court of Appeals Remands Construction Defect Case

Power to the Office Worker

Construction Upturn in Silicon Valley

New Jersey’s Proposed Construction Defect Law May Not Cover Everything

Repairs Commencing on Defect-Ridden House from Failed State Supreme Court Case

Alarm Cries Wolf in California Case Involving Privette Doctrine

Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision

Colorado House Bill 17-1279 – A Misguided Attempt at Construction Defect Reform

Terminating the Notice of Commencement (with a Notice of Termination)

New England Construction Defect Law Groups to Combine

Testimony from Insureds' Expert Limited By Motion In Limine

Overruling Henkel, California Supreme Court Validates Assignment of Policies

Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

Massive Redesign Turns Newark Airport Terminal Into a Foodie Theme Park

Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

Lake Texoma, Texas Condo Case may go to Trial

No Coverage For Construction Defects When Complaint Alleges Contractual Damages

Boys (and Girls) of Summer: New Residential Solar Energy System Disclosures Take Effect January 1, 2019

Flying Solo: How it Helps My Construction Clients

Balestreri Potocki & Holmes Attorneys Named 2020 Super Lawyers and Rising Star

What Rich Millennials Want in a Luxury Home: 20,000 Square Feet

Duty to Defend Broadly Applies to Entire Action; Insured Need Not Apportion Defense Costs, Says Maryland Appeals Court

OSHA Penalties—What Happened with International Nutrition

What is the Implied Warranty of Habitability?

BERNHARDS BAY NEW YORK CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES