SOUTH MILLS NORTH CAROLINA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Land Use Team Wins Appeal for Affordable Senior Housing Development in San Francisco

February 23, 2026 — Sheppard
Sheppard successfully defended client Mitchelville Real Estate Group and its non-profit development partner Bernal Heights Housing Corporation in an appeal of a 70-unit, 100% affordable senior housing development at 3333 Mission Street in San Francisco’s Bernal Heights neighborhood. The team secured approval of the project, representing the developer on complex land use issues including split zoning, SB 35, the State Density Bonus Law, the Housing Crisis Act, tribal cultural resources and the Subdivision Map Act. Although the ministerially approved parcel map for the project utilized SB 35, it was appealed to the San Francisco Board of Supervisors and unanimously rejected. Sheppard’s real estate transactional team also assisted with the acquisition of the property. Read the full story...
Reprinted courtesy of Sheppard

---

Builders Oppose Senate Housing Bill Over Investor Ban Provision

March 24, 2026 — Katy O'Donnell - Bloomberg
A powerful group representing the nation’s home builders is coming out against the most significant housing legislation in more than a decade over a provision negotiated by the White House that would restrict institutional investors from purchasing single-family homes. The builders’ objection could imperil the bill’s chances of becoming law, even as leaders of both parties are desperate to show they are doing something to alleviate voters’ cost-of-living concerns. The Senate voted 90-8 to clear a procedural hurdle for the bill on Wednesday, with a vote on final passage expected early next week. The inclusion of the investor ban in a broader housing bill was key to getting the White House on board, Senate Banking Committee Chairman Tim Scott, a Republican from South Carolina, told reporters Tuesday. Read the full story...
Reprinted courtesy of Katy O'Donnell, Bloomberg

---

Parking Garage Partially Collapses in Dearborn, Mich., Trapping One

March 31, 2026 — Annemarie Mannion - Engineering News-Record
A multi-level parking garage that partially collapsed in Dearborn, Mich., is fenced off and the city has started the legal process allowed under state law to demolish the privately-owned structure due to alleged dangerous conditions. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

---

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

---

AIA Waivers Under Fire: Why Post-Completion Losses May Still Be Actionable

January 26, 2026 — Lian Skaf - The Subrogation Strategist
On its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get started. One question courts have long battled with is the limits to the lasting effects of such a waiver. Whether the waiver power can be transferred amongst parties, applied to third parties or used with policies taken out after construction completion are among the few grey areas that have kept subrogation practitioners and the courts busy. Recently, a federal court in Idaho clarified its position on the power to waive subrogation. In Seneca Ins. Co. v. McAlvain Constr., Inc., No. 1:24-cv-00340-BLW, 2025 U.S. Dist. LEXIS 251777 (D. Idaho), the United States District Court for the District of Idaho (District Court) addressed whether a subrogation waiver in an AIA construction contract, signed between an owner and the general contractor, applied to the subsequent owner of a building. In doing so, the court looked at the limiting language of the waiver as well as the contractual posture of the subsequent owner. Ultimately, the court found the waiver inapplicable, denying the motion for summary judgment of Defendant, Cross-Plaintiff McAlvain Construction, Inc. (McAlvain). Read the full story...
Reprinted courtesy of Lian Skaf, White and Williams
Mr. Skaf may be contacted at skafl@whiteandwilliams.com

---

What if the Supreme Court Overrules the Reciprocal Tariffs? Plan Now for Refunds, Protests, and Contract Reconciliation

December 15, 2025 — Brett W. Johnson, T. Troy Galan, Cole Craghan & Thomas Williams - Snell & Wilmer
As the U.S. Supreme Court weighs the legality of President Trump’s “reciprocal tariffs,” companies that sell goods internationally face a pivotal inflection point. If the tariffs are struck down, the decision will not simply unwind a trade policy — it may trigger a complex refund process involving billions of dollars in tariffs. This will lead to disputes over who receives repayment, and potential friction between suppliers and customers whose contracts passed tariff costs downstream. Such disputes appear to be on the horizon, as the U.S. Supreme Court considered oral arguments on the reciprocal tariffs on November 5, 2025, and several Justices signaled their skepticism about whether the International Emergency Economic Powers Act (IEEPA) permits the president to impose tariffs unilaterally. While the outcome remains uncertain, businesses that act now to preserve refund rights and clarify contractual obligations may be best positioned to receive refunds and avoid costly disputes if the tariffs are ordered to be repaid. Reprinted courtesy of Brett W. Johnson, Snell & Wilmer, T. Troy Galan, Snell & Wilmer, Cole Craghan, Snell & Wilmer and Thomas Williams, Snell & Wilmer Mr. Johnson may be contacted at bwjohnson@swlaw.com Mr. Galan may be contacted at tgalan@swlaw.com Mr. Craghan may be contacted at ccraghan@swlaw.com Mr. Williams may be contacted at twilliams@swlaw.com Read the full story...

---

Four Kahana Feld Attorneys Selected to 2026 Southern California Super Lawyers List

March 03, 2026 — Kahana Feld
IRVINE, CA – Feb. 20, 2026 – Kahana Feld is pleased to announce that partners Jason Feld, Amir Kahana, Sharon Oh-Kubisch, and Manuel Ugarte were selected to the 2026 Southern California Super Lawyers® list. Jason Feld is a founding partner of Kahana Feld. He focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors. Read the full story...
Reprinted courtesy of Kahana Feld

---

FTC Issues Warning Letters to Property Management Software Providers on Price Transparency

January 26, 2026 — Christine Tenley, Patrick A. Garcia & Michael Hettig - Lewis Brisbois
Atlanta, Ga. (December 23, 2025) - On December 8, 2025 the Federal Trade Commission (“FTC”) sent what it is describing as a “Warning Letter” to companies that provide property management software to landlords (“Software Providers”). While the letter does not speak specifically to landlords, landlords can still use the information contained in the letter to adopt best practices to avoid potential enforcement action. The Warning Letter references two high profile civil enforcement actions the FTC has undertaken in the last two years: FTC v. Invitation Homes, and FTC v. Greystar Real Estate Partners, LLC, et al., two cases in which the FTC targeted landlords for what it deemed unfair or deceptive advertising practices. Citing those cases, the FTC warns software providers that they must provide platforms on which landlords can accurately advertise the total monthly cost of a rental property rather than simply advertising the monthly rental payment. The FTC then warns that failure to create platforms that share the total monthly payments may result in enforcement action. Reprinted courtesy of Christine Tenley, Lewis Brisbois, Patrick A. Garcia, Lewis Brisbois and Michael Hettig, Lewis Brisbois Ms. Tenley may be contacted at Christine.Tenley@lewisbrisbois.com Mr. Garcia may be contacted at Patrick.Garcia@lewisbrisbois.com Mr. Hettig may be contacted at Michael.Hettig@lewisbrisbois.com Read the full story...

---