PATTON PENNSYLVANIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Research Illuminates Pollution Problem in Tijuana River Valley

June 29, 2026 — Jeff Yoders - Engineering News-Record
The Tijuana River watershed between southern California and northern Mexico has been the epicenter of an environmental and public health crisis for more than two decades. Since October 2023 alone, more than 31 billion gallons of raw sewage and polluted water have flowed into the U.S. and, eventually, the Pacific Ocean. Read the full story...
Reprinted courtesy of Jeff Yoders, Engineering News-Record
Mr. Yoders may be contacted at yodersj@enr.com

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Snell & Wilmer Recognized With Top Honor in Ranking Arizona: Top Law Firms for 2026

June 22, 2026 — Snell & Wilmer
PHOENIX – Snell & Wilmer is pleased to announce that the firm has been voted as the top law firm in Arizona for the 17th consecutive year in the 2026 edition of AZ Big Media’s Ranking Arizona: The Best of Arizona Business. The firm was again recognized in the category of “Top 10 large law firms in Arizona” which looked at firms with 39 attorneys or more. “We are honored to receive this award recognizing our team’s ongoing commitment to excellence in service of our clients, our community, and each other,” said Firm Chair Barbara J. Dawson. “We are proud to play a meaningful role in supporting the strength and growth of Arizona’s vibrant business environment amid a rapidly changing global economy.” Read the full story...
Reprinted courtesy of Snell & Wilmer

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Inaccurate Representations Can Lead to Differing Site Conditions Claim

May 26, 2026 — David Adelstein - Florida Construction Legal Updates
In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor. Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978). The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Fight for Your Right: Effects of FAR Final Rule on Construction

October 12, 2026 — Michael Altman - Construction Executive
Since the Federal Acquisition Regulation final rule Use of Project Labor Agreements for Federal Construction Projects took effect, contractors seeking to compete for federal projects of $35 million or more must “negotiate or become a party to a project labor agreement with one or more labor organizations.” While this requirement significantly reduces competition for covered procurements, contractors may seek to restore competition on individual solicitations by filing a bid protest with the U.S. Court of Federal Claims. Bid protests through the COFC become possible once a federal agency posts a solicitation that includes contract provisions mandating a PLA. (In some cases, a presolicitation notice that a PLA mandate will be applied may be sufficient.) Reprinted courtesy of Michael Altman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
Mr. Altman may be contacted at altman@abc.org

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'Drywall Isn't Light': Peter Lupo on Safety Management at Standard Drywall

May 26, 2026 — Elaine Silver - Engineering News-Record
Peter Lupo has been safety director since 2019 at San Diego-based Standard Drywall Inc., a major wall and ceiling contractor. He draws on over two decades of safety experience across a wide range of commercial construction work, having previously served as safety director for general contractor T.B. Penick & Sons. He has also previously operated Peter Lupo Consulting, where he reviewed legal cases and provided expert testimony, and blogged on safety for ENR.com. Lupo recently spoke to ENR Correspondent Elaine Silver about the weight of drywall, heat hazard control, bilingual crews and how he supports safety creativity and learning on the Standard Drywall staff. The conversation has been edited. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record
ENR may be contacted at enr@enr.com

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Late Notice Bars Insured’s Claim for Water Leak Damage

August 11, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer’s motion for summary judgment dismissing the insured’s claim due to late notice. Global Approach, Inc. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 120183 (S. D. Fla. June 1, 2026). Global suffered water damage on September 3, 2021, which originated in the bathroom of one of its rental properties. Global reported the claim to its insurer, Scottsdale, on October 19, 2021. Prior to reporting the claim, Global hired a handyman to inspect the property and then demolished the damaged area and repaired the bathroom. 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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Unable To Afford an Appellate Bond? You May Be “Indigent” And Qualify for a Discretionary Waiver or Reduction of the Bond Amount.

October 26, 2026 — Suzanne M. Nicholson - Wilke Fleury
One of the most frequent questions asked when a client is considering taking an appeal from an adverse judgment or order is whether that judgment or order is stayed pending appeal. The answer, not surprisingly, is “it depends.” While the general rule is that perfecting an appeal stays proceedings in the trial court, including enforcement of the judgment or order, there are many, many, exceptions to that rule. One such exception is a judgment or order for “money or the payment of money.” (CCP § 917.1) In such cases, a bond or undertaking is typically required to stay enforcement. The costs of such security can be significant. If you are using an admitted surety insurer, the amount of security required is 1 1/2 times the amount of the judgment. Obtaining a bond through an admitted surety will require that you have sufficient collateral to secure the bond, and sufficient funds to pay the associated premiums, which generally run between 1% and 3% of the total bond amount, per year. So, if you are appealing from a $1 million judgment, you will likely need $1.5 million in assets as collateral, and up to $30,000 per year for the premium. Read the full story...
Reprinted courtesy of Suzanne M. Nicholson, Wilke Fleury
Ms. Nicholson may be contacted at snicholson@wilkefleury.com

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Preventing Common and Costly Water Intrusion Events in Construction

July 13, 2026 — Andrew Swift - Construction Executive
Water leaking into a building is a leading cause of damage and loss in the construction industry. On one jobsite, heavy rains flooded a sub-basement, damaging a new electrical transformer—all because a roof drain was not property connected. On another jobsite, a drinking-fountain supply line broke in a multistory building that was undergoing renovation, causing water to run—undetected—for an entire weekend, resulting in water damage to all lower floors, where construction had been finished. Those loss scenarios could have been prevented with a comprehensive and effective water damage prevention plan (WDPP). This includes routine site inspections to identify uncontrolled water damage exposures and basic maintenance to make sure drains are clean of debris and divert them to a catch basin or low point away from the building. An effective WDPP plan also incorporates technology such as backflow preventers on sewer connections and water sensing technology to monitor the most vulnerable exposures. Reprinted courtesy of Andrew Swift, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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