PINETOPS NORTH CAROLINA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

What Construction Attorneys Do and When Contractors Need Them

August 11, 2026 — Construction Executive
Direct Answer A construction attorney advises contractors on contracts, payment rights, mechanic's liens, payment bond claims, change orders, delay claims, OSHA matters, defect claims, terminations and dispute resolution. The work covers far more than lawsuits—much of its value comes before a dispute ever becomes formal. Construction attorneys help contractors protect payment rights, manage project risk, resolve disputes and avoid contract terms that can turn a profitable job into a financial loss. Their work covers more than lawsuits. A construction attorney may review a contract before bid day, help preserve lien rights, respond to a defective work claim, prepare for mediation or defend a contractor after a safety citation. For contractors, legal counsel is often most valuable before a dispute becomes formal. A missed notice deadline, vague scope clause, unsigned change order or broad indemnity provision can create problems long before a claim is filed. Construction attorneys help identify those risks while there is still time to negotiate, document the issue or preserve leverage. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

---

Meaningful Change to Contractors License Law Disgorgement Rule of Business and Professions Code Section 7031

November 02, 2026 — Garret Mandel - Porter Law Group
California Business and Professions Code section 7031 has historically imposed a severe and unforgiving penalty on any licensed contractor or subcontractor (“licensee”) performing any construction work after its contractor’s license becomes suspended or is revoked. The penalty for many years has been a prohibition against the licensee bringing an action to collect payment owed and a draconian penalty allowing the party who paid the licensee to recover, or cause the licensee to “disgorge,” any payment the licensee received for the entire contract. This strict penalty could apply to funds received for the entire contract even when the license was suspended or revoked for only a short period of time during the project. This meant, for example, that a licensee who was paid $10 million under a contract for a project that took a year to build could have to disgorge the entire $10 million it received under that contract as a result of performing work while its license was suspended for only a week of the entire project duration. Draconian indeed. A limited statutory substantial-compliance exemption could provide relief, but it requires a court determination that the statutory conditions have been met. Beginning on January 1, 2027, the licensee will be thrown a lifeline on this issue. Under California Senate Bill 342, becoming effective on January 1, 2027, California contractors on qualifying projects will no longer face the same severe penalties – but there are limitations. Read the full story...
Reprinted courtesy of Garret Mandel, Porter Law Group
Mr. Mandel may be contacted at gmandel@porterlaw.com

---

Amazon’s Latest Response to AI Data Center Backlash: $1 Billion

October 20, 2026 — Matt Day – Bloomberg
Amazon.com Inc.’s latest attempt to address the intensifying blowback to an unprecedented buildout of computing infrastructure: a commitment to spend more than $1 billion over the next five years on initiatives for the communities near its server farms. Read the full story...
Reprinted courtesy of Matt Day, Bloomberg

---

Insured’s Bad Faith Claim Survives Summary Judgment

July 13, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer’s motion for partial summary judgment to dispose of the insured’s bad faith claim was unsuccessful. Page v. State Farm Lloyds, 2026 U.S. Dist. LEXIS 102293 (E.D. Texas March 18, 2026). Plaintiff insured alleged that hail and a windstorm caused damage to his property. The damage was reported to the defendant insurer. A claims adjuster inspected the property. Defendant then paid plaintiff $24,493.06, which was the total of the estimated damage minus depreciation and the deductible. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

WSHB Managing Partner Chad Dunigan Named Finalist for Jerrold S. Oliver "Ollie" Award of Excellence

May 12, 2026 — Wood Smith Henning Berman
Chad Dunigan, Managing Partner of Wood Smith Henning & Berman's Orlando, Florida, office, has been selected as one of just four finalists for the prestigious Jerrold S. Oliver Award of Excellence, affectionately known in the construction defect community as the "Ollie" Award. This distinguished honor recognizes individuals who have made exceptional contributions and demonstrated unwavering dedication to advancing the field of construction defect law. Named in honor of the late Judge Jerrold S. Oliver, a revered founder of alternative dispute resolution in construction defect claims and litigation, the Ollie award symbolizes loyalty, commitment, and trust within the industry. Judge Oliver's legacy as a staunch believer in the resolution process continues to inspire professionals who strive for excellence in the construction defect community. Read the full story...
Reprinted courtesy of Wood Smith Henning Berman

---

Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law

August 16, 2026 — David McLain - Colorado Construction Litigation Blog
For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is not much of a defense. But Colorado’s construction anti-indemnity statute, C.R.S. § 13-21-111.5(6), raises an interesting question about how that familiar rule operates in construction disputes. The statute expressly regulates contractual obligations not only to indemnify, but also to insure and defend, and it reflects a legislative policy that construction businesses should bear financial responsibility for their own negligence. Those principles have developed along separate tracks. At some point, a Colorado appellate court may have to decide precisely how they fit together. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

---

Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

May 14, 2026 — Brandon Wright & Manuel Gurule - Lewis Brisbois
Nevada currently operates an expedited litigation program designed to resolve civil disputes with a value up to $50,000 without incurring the “usual” expense of litigating these disputes. Over time, however, the number of civil cases that have been “exempted” from this program based on the claimed damages exceeding $50,000 has grown dramatically. In response, the Nevada Legislature recently enacted a number of rule changes designed to streamline Nevada’s arbitration process and include more cases. Among these changes are increasing the arbitration “cap” from $50,000 to $100,000. By way of background, the Nevada’s Court Annexed Arbitration program is a mandatory, non-binding program for civil cases in judicial districts that have county populations of 100,000 or more [1]. Nevada’s Court Annexed Arbitration was born out of NRS 38.250, which was enacted in 1991 and went into effect in the summer of 1992. The newly enacted NRS 38.250 was regarded as a way to address the problem of increased court caseloads while promoting judicial economy and efficiency in civil cases having a probable jury award of less than $25,000 [2]. Initially, cases that were automatically exempt from the program included class actions, medical malpractice disputes, divorce proceedings, and other domestic relations matters [3]. Reprinted courtesy of Brandon Wright, Lewis Brisbois and Manuel Gurule, Lewis Brisbois Mr. Wright may be contacted at Brandon.Wright@lewisbrisbois.com Mr. Gurule may be contacted at Manuel.Gurule@lewisbrisbois.com Read the full story...

---

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 en
General Contractor/Developer May Not Rely on the Homeowner Protection Act to Avoid a Waiver of Consequential Damages in an AIA Contract

Couple Sues for Construction Defects in Manufactured Home

White Collar Overtime Regulations Temporarily Blocked

Claim for Pu
Congratulations to BWB&O’s 2027 Southern California Super Lawyers and Rising Stars Honorees!

A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

CDJ’s Year-End Review: The Top 12 CD Topics of 2015

Blue-Sky Floods Take a Rising Toll for Businesses

State Farm to Build Multi-Use Complex in Dallas Area

The Construction Gigaprojects Report

Sometimes You Get Away with Unwritten Contracts. . .

From Fantasy to Fact: Cristina Andersson on Our Robotic Future

Haight’s San Diego Office is Growing with the Addition of New Attorneys

Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

Acceptable Worksite: New City of Seattle Specification Provisions Now In Effect

New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

Condo Developers Buy in Washington despite Construction Defect Litigation

Preparing for the Threat of New Tariffs: Three Clauses to Look for in Your Federal Construction Contracts

Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act

Baltimore Project Pushes To Meet Federal Deadline

San Diego Appellate Team Prevails in Premises Liability Appeal

Construction Defect Lawsuits Hinted for Dublin, California

Biden Administration Focus on Environmental Justice Raises Questions for Industry

No Conflict in Successive Representation of a Closely-Held Company and Its Insiders Where Insiders Already Possess Company’s Confidential Information

Toddler Crashes through Window, Falls to his Death

Can Your Employee File a Personal Injury Claim if They’re Injured at Work?

Real Estate & Construction News Roundup (7/23/25) – Builders Look for Startups, AI Transforms Real Estate and Interest Rates Stall Construction Momentum

Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects

Indemnification Against Release/“Disposal” of Hazardous Materials

My Construction Law Wish List

Steps to Defending against Construction Defect Lawsuits

Professional Malpractice Statute of Limitations in Construction Context

Jury Awards 20 Million Verdict Against Bishop Abbey Homes

Wreckage Removal Underway at Site of Collapsed Key Bridge in Baltimore, But Weather Slows Progress

Pennsylvania Federal Court Finds No Coverage For Hacking Claim Under E&O Policy

BofA Said to Near Mortgage Deal for Up to $17 Billion

Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673

Quick Note: October 1, 2023 Changes to Florida’s Construction Statutes

Flushing Away Liability: What the Aqua Engineering Case Means for Contractors and Subcontractors

Meet BWBO’s 2024 San Diego Super Lawyers Rising Stars!

Newmeyer & Dillion Attorneys Listed in the Best Lawyers in America© 2017

Engineering Report Finds More Investigation Needed of Balconies at New Jersey Condo

Is Your Construction Business Feeling the Effects of the Final DBA Rule?

Arbitrator May Use Own Discretion in Consolidating Construction Defect Cases

Colorado Mayors Should Not Sacrifice Homeowners to Lure Condo Developers

California Clarifies Basis for Inverse Condemnation Claims

Alaska Supreme Court Rules That “Total Pollution Exclusion” in Homeowners Insurance Policy Does Not Bar Coverage for Carbon Monoxide Poisoning

Toll Brothers Snags Home Builder of the Year Honors at HLS

Mutual Or Concurrent Delay Caused By Subcontractors

Housing Starts in U.S. Drop to Lowest Level in Three Months

White and Williams LLP Secures $42.4 Million Award for Ventana DBS LLC in Philadelphia Marriott Construction Litigation

A Third of U.S. Homebuyers Are Bidding Sight Unseen

Design & Construction Case Expands Florida’s Slavin Doctrine

Traub Lieberman Partner Michael Logan and Associate Christian Romaguera Obtain Voluntary Dismissal in Favor of Construction Company Under the Vertical Immunity Doctrine