Cleveland Tennessee Construction Expert Witness Directory

IRMI Expert Commentary: NY Highest Court Confronts Downstream Risk Transfer for Subcontractor Bodily Injury Claims

March 17, 2026 — Gregory D. Podolak & Alexander G. Hopkins - Saxe Doernberger & Vita, P.C.
Originally published on IRMI.com, copyright 2026 International Risk Management Institute, Inc. Subcontractor employee bodily injury claims (so-called action over claims) are a staple of construction risk management in the Empire State—so much so that the phrase “labor law” instinctively invites a shudder among the most experienced general contractors. The savvy among them intensely monitor case law developments and the evolution of the insurance market to ensure a cutting-edge, meticulously developed downstream risk transfer plan. And when guidance arrives from an appellate-level court, it’s a moment to take note. This is one of those moments. In late 2025, New York’s highest court—the NY Court of Appeals—had the rare opportunity to examine an all-too-routine bodily injury fact pattern and took the opportunity to closely examine the scope of contractual indemnity and its interplay with additional insured coverage in Dibrino v. Rockefeller Center N., Inc., 2025 N.Y. Slip Op. 07077, 2025 WL 3670593 (Ct. App. Dec. 18, 2025). Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C. and Alexander G. Hopkins, Saxe Doernberger & Vita, P.C. Mr. Podolak may be contacted at GPodolak@sdvlaw.com Mr. Hopkins may be contacted at AHopkins@sdvlaw.com Read the full story...

Construction Contract Negotiation & Drafting: A Practical Checklist (and Where State-Specific Issues Can Surprise You)

April 20, 2026 — Michelle Cooper - Sheppard Construction and Infrastructure Law Blog
Construction contract negotiation is often treated as a “forms exercise,” especially when the parties start from familiar templates (e.g., AIA forms). In practice, though, the biggest problems tend to arise not from the existence of a form, but from (i) misalignment among the project’s governing documents and participants, (ii) ambiguity in pricing and payment mechanics, and (iii) state-specific statutory requirements that override negotiated terms. This article includes a practical checklist intended to help owners, developers, and contractors streamline contract negotiations, reduce downstream disputes, and avoid unpleasant surprises during payment administration. Read the full story...
Reprinted courtesy of Michelle Cooper, Sheppard
Ms. Cooper may be contacted at mcooper@sheppard.com

In the Eye of the Beholder: Court of Appeal Finds Duty of Care Owed by Owner and Contractors for Death of Minors Caused by Independent Truck Driver

May 05, 2026 — Garret D. Murai - California Construction Law Blog
I was a T.A. for my high school history teacher, a really smart and nice guy, Mr. Reynolds. In the room at the back of the classroom which served as his office he had the picture above. It’s called “My Wife and My Mother-in-Law” and is taken from a German postcard from 1888. Depending on how you look it, you might see fashionable young lady, or an old lady. Cases can sometimes be like that: You see what you want to see. The next case is also like that. In Lorenzo v. Calex Engineering, Inc., 110 Cal.App.5th 49 (2025), the 2nd District Court of Appeals reversed a motion for summary judgment granted in favor of an owner and its contractors in a case involving the death of two minors struck by a dump truck enroute to a non-permitted off-site staging area. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

New Executive Order Prohibits Federal Contractors from Engaging in DEI Through Employment and Procurement Activities

April 27, 2026 — Laura De Santos & Monica Prieto - Gordon Rees Scully Mansukhani
On March 26, 2026, President Trump signed Executive Order 14398, entitled Addressing DEI Discrimination by Federal Contractors, requiring federal agencies to add contractual language in all federal contracts prohibiting contractors and subcontractors from engaging in any racially discriminatory DEI activities, as defined by the Executive Order (EO). While this EO includes language similar to prior DEI-related orders, it introduces a significant expansion in enforcement by subjecting non-compliant contractors to liability under the False Claims Act (FCA), including exposure to whistleblower actions and qui tam litigation. A qui tam claim is a civil action by a private individual on behalf of the government alleging fraud against federal programs and seeking to recover damages. The new EO states that involvement in any racially discriminatory DEI activities is not only unethical and illegal, but also deemed fraudulent against federal programs because it is material to the government’s payment decisions. The definition of DEI activities here matters, as this EO expands a contractor’s obligations beyond the management of its employment policies and includes prohibitions against funding or expending time or resources on DEI activities and contracting with subcontractors, vendors, or suppliers utilizing DEI programs. Read the full story...
Reprinted courtesy of Laura De Santos, Gordon Rees Scully Mansukhani
Ms. De Santos may be contacted at ldesantos@grsm.com

Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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

Traub Lieberman Recognized in the 2026 Edition of Chambers USA

June 29, 2026 — Traub Lieberman
In the 2026 edition of Chambers USA, Traub Lieberman has been awarded rankings in the following categories: Illinois – Insurance: Dispute Resolution: Insurer In the Chambers research, clients noted: "The team are technically very strong, responsive, and on top of their cases." Florida – Insurance: Dispute Resolution: Insurer In the Chambers research, clients noted: "Traub Lieberman Straus & Shrewsberry distinguishes itself through a combination of deep subject-matter expertise, responsiveness, and practical risk-management orientation." Commenters went on to say: “The team has deep knowledge of Florida property insurance statutes, regulations and case law, enabling effective handling of disputes, appeals and third-party litigation." Read the full story...
Reprinted courtesy of Traub Lieberman

Mandatory Arbitration Isn’t All Bad, if. . .

July 13, 2026 — Christopher G. Hill - Construction Law Musings
In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in the camp of those that think that mandatory arbitration clauses of the type typically found in contracts can add a layer of expense that can be unnecessary. However, if an arbitration clause is carefully drafted, and properly used, these clauses an be helpful in assuring that the streamlining effect for which arbitration was created actually occurs. Because the contract is king in Virginia, these provisions can essentially create the rule of civil procedure used to resolve any dispute relating to the project. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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