MYRTLE CREEK OREGON CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Supply Chain Is a Legal Exposure—Not Just a Force Majeure Problem

September 08, 2026 — Owen Newman - Construction Executive
This is not another force majeure article. The supply-chain related legal exposure that contractors are carrying today—in sanctions risk, specification non-compliance, warranty exposure and regulatory volatility—extends well beyond what even a well-drafted force majeure clause protects. An engineering, procurement and construction contractor on a gas-fired power plant discovers during commissioning that transformer oil in a critical unit contains Russian-origin naphthenic base oil, which is a prohibited source under Office of Foreign Assets Control sanctions. The contractor didn’t source it. A subsupplier two tiers below made the substitution when disruptions in the Strait of Hormuz tightened the primary supply chain for this specialty product and no one in the purchase-order chain flagged it. The procurement decision is long done and the documentation trail that should have caught it doesn’t exist. Reprinted courtesy of Owen Newman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
Mr. Newman may be contacted at oknewman@duanemorris.com

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Arizona Supreme Court Clarifies Parties’ Post-Default Conduct Cannot Validate Void Default Orders

August 24, 2026 — Joseph Kanefield, Ryan P. Hogan & Lilly M. Geiler - Snell & Wilmer
After filing a lawsuit, the first step is always serving process on the opposing party. While that preliminary step sounds basic enough, in McMahan v. Grasshopper, the Arizona Supreme Court recently provided a helpful refresher on the nuances of the service requirement and its importance in litigation for plaintiffs and defendants alike.1 Background McMahan arose from a hit-and-run where a tractor-trailer collided with safety barricades and injured a construction worker. The construction worker sued the tractor-trailer company, and he attempted to serve the company by leaving a copy of the complaint with the assistant to the company’s statutory agent who forwarded the complaint to the company. The assistant, however, was not authorized to accept service on the company’s behalf. Before the company appeared in the action, the construction worker successfully obtained an entry of default. Reprinted courtesy of Joseph Kanefield, Snell & Wilmer, Ryan P. Hogan, Snell & Wilmer and Lilly M. Geiler, Snell & Wilmer Mr. Kanefield may be contacted at jkanefield@swlaw.com Mr. Hogan may be contacted at rhogan@swlaw.com Ms. Geiler may be contacted at lgeiler@swlaw.com Read the full story...

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Don’t Forget to Include Termination Language in Your Contract

November 02, 2026 — David Adelstein - Florida Construction Legal Updates
A recent case explains why termination language or a basis to withhold contract sums is important in your contract. Don’t neglect this language or the negotiation that goes into having this language. In a recent dispute, GSD Contracting, LLC v. All American Builders & Debris Removal, Inc., 2026 WL 3068422 (Fla. 4th CA 2026), a subcontract included language that said that 10% retainage would be paid 90 days after final completion of the project. The subcontract did NOT include termination for cause language; it only included termination for convenience language. Towards the end of the project, mold was discovered warranting mold remediation. The subcontractor refused to perform until the mold was remediated. The general contractor claimed it was remediated but the subcontractor argued the remediation was insufficient because the contractor did not engage an industrial hygienist. After the subcontractor refused to complete its work, the general contractor terminated the subcontractor for cause. The subcontractor then sued the general contractor for its 10% retainage claiming the general contractor breached the subcontract. The trial court, as affirmed by the appellate court, agreed. The appellate court found that the contract required the general contractor to pay the subcontractor’s retainage 90 days after final completion and the project had long been completed. “Significantly, the subcontract does not contain a termination for cause provision or any pertinent provision permitting [the general contractor] to withhold or retain [the subcontractor’s] retainage following a termination…Nothing in the subcontract provides that [the general contractor] may thereafter withhold the retainage based on an alleged default by [the subcontractor].” GSD Contracting, supra, at *2. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Bona Fide Dispute Defeats Violation of Prompt Payment Act

June 15, 2026 — David Adelstein - Florida Construction Legal Updates
Most, if not all, jurisdictions, including the federal government, have what is known as a “Prompt Payment Act.” The objective is to ensure prompt payment. If prompt payment is not made, the Prompt Payment Act provides for interest penalties, as well as potentially other costs such as attorney’s fees. But the thing is, it’s not as simple as untimely payment to support the recourse and interest penalties the applicable Prompt Payment Act affords. And the teeth associated with the applicable Prompt Payment Act are not as sharp as perhaps the party claiming untimely payment prefers. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Court Rules Insurer AIG Can't Claw Back $50M Storm Payout From Turner

October 20, 2026 — Richard Korman - Engineering News-Record
A Delaware court judge ruled earlier this month that insurer AIG cannot claw back $50 million from Turner Construction for two insurance claim payouts it has made to New York University's Langone Medical Center. The dispute relates to the 2012 flooding of the university's Manhattan hospital center during Superstorm Sandy in October 2012. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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Owner Taking Assignment of General Contractor’s Claims Against a Subcontractor(s)

September 21, 2026 — David Adelstein - Florida Construction Legal Updates
Here’s a scenario that occurs in construction defect cases. An owner sues a general contractor and subs for construction defects. The owner settles with a number of parties and takes an assignment of the general contractor’s claims against some or all of the subs and pursues the remaining parties for indemnity based on the assignment of the general contractor’s claims. This was the scenario in Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC, 2026 WL 2328032 (Fla. 4th DCA 2026). The owner settled with the general contractor and all subs except one. The owner took an assignment of the general contractor’s claim against the sub, and really the indemnity claim. The owner was then substituted as the real party in interest as it relates to the general contractor’s claims against the sub. The owner sought roughly $780,000 in attorney’s fees and costs in connection with the dispute claiming the sub was liable for such fees. The jury didn’t buy the argument and awarded the owner about $55,000. Basically, the jury seemingly prorated the fees by the number of parties, at least, that’s how the math worked out. The owner didn’t like that and moved for an additur to increase the jury’s verdict which the trial court granted. This was reversed on appeal despite the fact that a trial court has broad discretion to grant a motion for additur. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Traub Lieberman Attorneys Recognized in the 2027 Edition of The Best Lawyers in America®

September 08, 2026 — Traub Lieberman
Traub Lieberman is pleased to announce that four Partners have been selected by their peers for inclusion in the 2027 edition of The Best Lawyers in America®. In addition, six attorneys have been included in the 2027 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s White Plains, NY; Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2027 Best Lawyers® White Plains, NY

• Lisa L. Shrewsberry – Commercial Litigation

Chicago, IL

• Brian C. Bassett – Insurance Law

Palm Beach Gardens, FL

• Rina Clemens – Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants

St. Petersburg, FL

• Lauren S. Curtis – Insurance Law

Read the full story...
Reprinted courtesy of Traub Lieberman

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EPA Steps Back, Arizona Moves Forward

May 12, 2026 — Patrick J. Paul, John Habib & Sukhmani K. Singh - Snell & Wilmer
In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to “Serious” ozone nonattainment status pursuant to the Clean Air Act’s National Ambient Air Quality Standards (NAAQS). This decision marks a shift in federal air policy — one that recognizes the unique challenges faced by regions like metro Phoenix, where environmental conditions beyond local control are often key contributors to air quality readings. The EPA’s move follows a series of meetings between EPA Administrator Lee Zeldin, Arizona elected officials, and business and civic leaders, including a recent roundtable in Phoenix convened by U.S. Senator Mark Kelly. In announcing the pause, Zeldin acknowledged the need for flexibility and fairness in the application of Clean Air Act standards, especially when emissions from other states, nations, and natural events significantly influence local air quality. Reprinted courtesy of Patrick J. Paul, Snell & Wilmer, John Habib, Snell & Wilmer and Sukhmani K. Singh, Snell & Wilmer Mr. Paul may be contacted at ppaul@swlaw.com Mr. Habib may be contacted at jhabib@swlaw.com Ms. Singh may be contacted at ssingh@swlaw.com Read the full story...

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