NEW RICHMOND OHIO CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy

March 10, 2026 — Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & Wilmer
On February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA. For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.” Reprinted courtesy of Brett W. Johnson, Snell & Wilmer, Derek Flint, Snell & Wilmer, T. Troy Galan, Snell & Wilmer and Thomas Williams, Snell & Wilmer Mr. Johnson may be contacted at bwjohnson@swlaw.com Mr. Flint may be contacted at dflint@swlaw.com Mr. Galan may be contacted at tgalan@swlaw.com Mr. Williams may be contacted at twilliams@swlaw.com> Read the full story...

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Outer Banks Homes Collapsing Is Just a Taste of What’s to Come

December 22, 2025 — Mark Gongloff - Bloomberg
On Sept. 20, 2024, a four-bedroom, three-bathroom beach house in Buxton, North Carolina, in the heart of the Outer Banks, sold for $580,000. On Oct. 28 this year, the house, known as Mermaid’s Rest, collapsed into the ocean. It was one of five homes swallowed that day by high waves churned up by an offshore storm. Few things demonstrate how climate change is already upending lives and fortunes quite like watching somebody’s stately vacation home topple into the drink. But Outer Banks houses like Mermaid’s Rest (a striking example first dug up by the New York Times but just one of many such cases), are mere showroom models for the havoc that rising seas are already threatening. First, let’s get one caveat out of the way: Barrier islands like the Outer Banks are always changing shape, regardless of the climate. Homes built on the shores of such islands have always been at risk of eventually sliding off the edge like a quarter in one of those coin-pusher arcade games. Read the full story...
Reprinted courtesy of Mark Gongloff, Bloomberg

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Government Claiming Contract Is Void Ab Initio by Contractor Knowingly Making False Statements

January 06, 2026 — David Adelstein - Florida Construction Legal Updates
Can the federal government declare a contract “void ab initio” or void from the beginning? Yes, if the government can “prove that the contractor (a) obtained the contract by (b) knowingly (c) making a false statement.” MLB Transportation v. U.S., 2025 WL 2962897, *8 (Fed.Cl. 2025) (citation omitted).

Where a contractor “obtained [a] contract by knowingly falsely stating that it was a small business … [the] government contract [is] tainted from its inception by fraud [and] is void ab initio.” The general rule that “a Government contract tainted by fraud or wrong-doing is void ab initio … protects the integrity of the federal contracting process and safeguards the public from undetectable threats to the public fisc.” A contract found to be void ab initio has “no legal effect,” and is “[n]ull from the beginning, as from the first moment when a contract is entered into.”

MLB Transportation, supra (citations omitted).

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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UPDATED: No Easy Fix for Potomac River Sewage Spill, Now Estimated at $20M

April 08, 2026 — Jim Parsons & Debra K. Rubin - Engineering News-Record
One month after a collapsed pipeline north of Washington, D.C., spilled about 240 million gallons of raw sewage into the Potomac River and possibly between 300 and 400 million—which could be the largest wastewater spill in U.S. history—efforts are progressing to clear the damaged section and begin repairs despite weather and other impacts. Reprinted courtesy of Jim Parsons, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story...

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How to Document Changes and Preserve Claims Without Starting a Fight

December 02, 2025 — Kristina Southwell - Ahlers Cressman & Sleight PLLC
Construction is a team sport, but you can play nice while still preserving your contractual rights. In every construction project, changes happen and disagreements arise. The trouble comes when during formal dispute resolution months (or years) later, the parties argue about the basic facts of what the issue was, what was authorized, who knew, and whether notice was given. In formal dispute resolution, the most compelling evidence is the contemporaneous, factual documentation in the project record, but many fail to document these issues for fear of harming the relationship with the owner, general contractor, or subcontractor. This article provides practical guidance on how to document changes and potential claims in a way that preserves relationships and avoids escalation during the project itself. Here’s how to document changes (or your disagreement) to preserve your contract rights and ability to make a claim later, without jeopardizing the working relationship during construction. Read the full story...
Reprinted courtesy of Kristina Southwell, Ahlers Cressman & Sleight PLLC
Ms. Southwell may be contacted at kristina.southwell@acslawyers.com

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Ninth Circuit Affirms District Court’s Finding of No Coverage for Interior Leak

March 24, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying California law, the Ninth Circuit affirmed the district court’s finding that water damage caused by a leaking pipe over time was not covered under the insured’s homeowners’ policy. Mojica v. State Farm General Ins. Co., 2025 U.S. App. LEXIS 32405 (9th Cir. Dec. 11, 2025). A small hole, slightly larger than a pen tip in size, developed in a pressurized hot water pipe. The resulting leak lasted for nearly six days and released enough water to saturate and ruin all the subflooring and flooring in the insureds’ home. 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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Washington Court of Appeals Narrows Arbitrator Authority in Construction Dispute

November 21, 2025 — Joshua Lane - Ahlers Cressman & Sleight PLLC
In a recent opinion, Division III of the Washington Court of Appeals clarified arbitrator limits in Reecer Creek Excavating v. SRI-Rochlin Construction JV,[1] holding that consequential damage waivers are enforceable, fee-shifting depends on who “substantially prevails,” and arbitration awards can be vacated only in narrow circumstances. Reecer Creek Excavating (“Reecer”) was subcontracted by SRI-Rochlin Construction JV (“SRI”) to perform excavation and paving work on a housing development in Ellensburg, Washington. When payment disputes arose, both parties filed breach-of-contract claims and later agreed to private arbitration. Their arbitration agreement included terms mandating that “the prevailing party shall be entitled to reasonable attorney fees and costs” and providing for an exception to the finality of the award where the arbitrator exceeded its authority. After a multi-day arbitration, the arbitrator found both parties partly at fault - Reecer for incomplete and defective work, and SRI for withholding certain payments. The net award favored Reecer by about $55,000, with each side ordered to bear its own attorney’s fees. Read the full story...
Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight PLLC
Mr. Lane may be contacted at joshua.lane@acslawyers.com

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Can Anything Supersede Excel in AEC?

April 27, 2026 — Aarni Heiskanen - AEC Business
If there’s one piece of software that dominates the business world across industries, it’s Microsoft Excel. Can AI finally dethrone the mighty spreadsheet? Memorable Spreadsheet Moments Everyone has memorable spreadsheet moments. I have a few. For example, my then-architecture firm was involved in more than a dozen housing developments abroad. I developed an Excel workbook that took the required number of households as input and automatically generated a breakdown of buildings and their apartment types for AutoCAD. This was urban planning and architectural design done with a spreadsheet. I also developed business software using Excel for project portfolio management. The prototype was later scaled into a c
At Least 32 Dead in Massive US Storm, Extreme Risks Remain

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Beth Cook Expands Insurance Litigation Team at Payne & Fears

Buyers Are Flocking to NYC’s Suburbs. Too Bad There Aren’t Many Homes to Sell.

Instant Hotel Tower, But Is It Safe?

Court Makes an Unsettling Inference to
Boston Nonprofit Wants to Put Grown-Ups in Dorms

Does a Contractor (or Subcontractor) Have to Complete its Work to File a Mechanics Lien

PSA: Virginia DOLI Amends COVID Workplace Standard

Crane Dangles and So Do Insurance Questions

Update Relating to SB891 and Bond Claim Waivers

How to Build a Water-Smart City

“Since You Asked. . .”

Breach Of Duty of Good Faith And Fair Dealing Packaged With Contract Disputes Act Claim

Ten-Year Statute Of Repose To Sue For Latent Construction Defects

EPA Grants Arizona Lead Over Underground Injection Control Program

Texas Supreme Court: Breach of Contract Not Required to Prevail on Statutory Bad Faith Claim

A Murder in Honduras Reveals the Dark Side of Clean Energy

Building Stagnant in Las Cruces Region

Congratulations to Partners Nicole Whyte, Keith Bremer, Peter Brown, Karen Baytosh, and Associate Matthew Cox for Their Inclusion in 2022 Best Lawyers!

When is a “Notice of Completion” on a California Private Works Construction Project Valid? Why Does It Matter for My Collection Rights?

Client Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate Review

Arizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action Suit

NY Supreme Court Rules City Not Liable for Defective Sidewalk

Limited Number of Insurance-Related Bills Passed by 2014 Hawaii Legislature

Keep it Simple with Nunn-Agreements in Colorado

Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

Bremer Whyte’s Newport Beach Team Prevails on a Motion for Summary Judgment in a Wrongful Death Case!

Lien Attaches To Landlord’s Interest When Landlord Is Party To Tenant Improvement Construction Contract

BHA Sponsors 28th Annual Construction Law Conference in San Antonio, TX

"Is the Defective Work Covered by Insurance?"

Construction Defects could become Issue in Governor’s Race

Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions

Massachusetts Business Court Addresses Defense Cost Allocation and Non-Cumulation Provisions in Long-Tail Context

Disjointed Proof of Loss Sufficient

Counsel Investigating Coverage Can be Sued for Invasion of Privacy

ACEC Statement on Negotiated Bipartisan Debt Limit Compromise

ACI 318-25 Structural Concrete Code Update Adds Sustainability Guide, Performance-based Wind Design

SunTrust Will Pay $968 Million to Resolve Mortgage Probes

Construction Litigation Roundup: “Who Needs Them”

'There Was No Fighting This Fire,' California Survivor Says

NYC’s Next Hot Neighborhoods Targeted With Property Funds

California to Build ‘Total Disaster City’ for Training

Yet Another Reminder to ALWAYS Show Up for Court

He's the Top U.S. Mortgage Salesman. His Daughter Isn't Buying It

Construction Robotics: The Sentiment-Implementation Gap

Benefits and Pitfalls of Partnerships Between Companies

Top 10 Cases of 2019

California Court of Appeal Finds Lingering Smoke From Wildfire is not Direct Physical Loss

The Prompt Payment Rollercoaster

Calling Hurricanes a Category 6 Risks Creating Deadly Confusion

BIM Meets Reality on the Construction Site

Why a Challenge to Philadelphia’s Project Labor Agreement Would Be Successful

Additional Dismissals of COVID Business Interruption, Civil Authority Claims

Insurer's Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis

Cliff White Expands Insurance Litigation Team at Payne & Fears
ica’s Bridges and the Need for Bridge Infrastructure Investment

Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable

Common Law Indemnity Claim Affirmed on Justifiable Beliefs

California Fire Lawyers File Suit Against PG&E on Behalf of More Than 50 Wildfire Victims

California Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the State

Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate

Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof

Residential Construction Surges in Durham

Ambiguity in Insurance Policy will be Interpreted in Favor of Insurance Coverage

Netherlands’ Developer Presents Modular Homes for Young Professionals

Waiving Consequential Damages—What Could Go Wrong?

Is a Text a Writing?

Consequential Damages Can Be Recovered Against Insurer In Breach Of Contract