OLD FORT TENNESSEE CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Tariffs As Taxes — What Learning Resources, Inc. v. Trump Means for Contractors and the WSDOT Specifications

March 17, 2026 — Brett M. Hill - Ahlers Cressman & Sleight PLLC
In October 2025, we explored a pressing question for public works contractors: should post-contract award tariffs be reimbursable? The crux of that analysis was whether tariffs imposed after contract award constitute a tax under the Washington State Department of Transportation (WSDOT) Standard Specifications, triggering reimbursement under Section 1-07.1(5)B (“tax changes”). Since then, a landmark Supreme Court ruling in Learning Resources, Inc. v. Trump has clarified the legal nature of tariffs in a way that could significantly affect this debate. In Learning Resources, Inc. v. Trump, 607 U.S. (2026), the U.S. Supreme Court addressed whether the President had the authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose broad tariffs on imports. Read the full story...
Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
Mr. Hill may be contacted at brett.hill@acslawyers.com

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Reminder: FOLLOW Your Well Drafted Contract Provisions

February 17, 2026 — Christopher G. Hill - Construction Law Musings
I have early and very often stated that your contract is the basis for everything relating to your construction project. Everything from “no damages for delay” clauses to attorney fees to indemnity are found in those documents. A well drafted construction contract sets the expectations for the project clearly and, aside from just making it easier on everyone for a successful project, will ease things should there be any dispute later. However, all of the great drafting and pre-construction negotiation in the world won’t do you a bit of good if you don’t follow those provisions. I can’t count the number of times that a contractor or subcontractor has read and even understood the construction documents but then put the contract in the drawer and didn’t look at it again. Your experienced construction attorney, while helpful at the drafting and negotiation stages and beyond, cannot help do the work. Your lawyer can help you negotiate and highlight the notice provisions of the contract but cannot provide that notice to the Owner or General Contractor when you have a claim. In short, the best contract in the world is only as good as those that are following it. 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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Shane Singh Named One of Los Angeles Business Journal's 'Top 100 Lawyers of Los Angeles' for 2026

April 27, 2026 — Lewis Brisbois
Sacramento Partner Shane Singh has been named one of the Los Angeles Business Journal's "Top 100 Lawyers of Los Angeles" for 2026. The LABJ’s annual list honors Los Angeles' top lawyers for their achievements within the city's business community. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Arizona Court of Appeals Clarifies Homeowners Association Open Meeting Requirements

June 29, 2026 — Jill Casson Owen, Benjamin J. Hawkins & Stephen Wright - Snell & Wilmer
A Z N H Revocable Trust v. Sunland Springs Village Homeowners Association, No. 1 CA-CV 25-0424 (Ariz. Ct. App. Apr. 28, 2026) OVERVIEW The Arizona Court of Appeals issued an opinion clarifying how homeowners associations must conduct meetings under A.R.S. § 33-1804. The decision reinforces the legislative policy favoring transparency in association governance, bringing association meeting requirements more in line with the open meeting standards applicable to public bodies under A.R.S. § 38-431 et seq. (Arizona’s Open Meeting Law). KEY HOLDINGS 1. All Voting and Formal Actions Must Occur in Open Meetings The Court affirmed that association boards cannot vote or take formal action during closed (executive) sessions. Under A.R.S. § 33-1804(A), associations may close portions of meetings only for “consideration” of certain enumerated topics, such as legal advice, pending litigation, or personal/financial information about individual members. The Court interpreted “consideration” to mean discussion and deliberation, not voting. The Court noted that dictionaries define “consider” as “spending time thinking about a possibility” and “formulating an opinion,” which are processes that precede formal action. This interpretation mirrors how Arizona’s Open Meeting Law (A.R.S. § 38-431.03(D)) prohibits public bodies from voting in executive session. Reprinted courtesy of Jill Casson Owen, Snell & Wilmer, Benjamin J. Hawkins, Snell & Wilmer and Stephen Wright, Snell & Wilmer Ms. Owen may be contacted at jowen@swlaw.com Mr. Hawkins may be contacted at bhawkins@swlaw.com Mr. Wright may be contacted at swright@swlaw.com Read the full story...

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Daily Journal Publishes Article by Brenda Radmacher on Proposed Overhaul of California Construction Defect Law

June 29, 2026 — Brenda Radmacher - The Construction Seyt
Daily Journal (California) featured an article by Construction Law partner Brenda Radmacher, “A new path for construction defects in California.” The piece, published on June 15, 2026, examines Assembly Bill 1903 and its potential to significantly reshape California’s construction defect framework, particularly for common interest properties. The article highlights how AB 1903 would overhaul the state’s current right-to-repair system by mandating completion of prelitigation procedures, raising requirements for defect claims, strengthening developers’/builders’ rights to repair, and introducing a voluntary “certified building” program. The legislation aims to rebalance competing interests by reducing litigation-driven costs while preserving protections for homeowners. Read the full story...
Reprinted courtesy of Brenda Radmacher, Seyfarth Shaw LLP
Ms. Radmacher may be contacted at bradmacher@seyfarth.com

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Construction Seyt Named a Top Construction Blog by FeedSpot

March 31, 2026 — Seyfarth Shaw LLP - The Construction Seyt
Since 2019, we have strived to bring our readers practical, useful insights on recent trends shaping our industry. Whether you are a contractor, designer, developer, attorney, or industry professional, our goal is to equip you with the knowledge to navigate your business with that much more confidence. We are honored that “The Construction Seyt” has been named by FeedSpot as a “Best Construction Blog” to follow for 2026. Read the full story...
Reprinted courtesy of Seyfarth Shaw LLP

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Self-Healing Infrastructure Could Pave the Road to the Future

May 05, 2026 — Allan C. Van Vliet - Gravel2Gavel Construction & Real Estate Law Blog
A single hairline crack in a bridge deck can seem insignificant. But l
White House Proposal Returns to 1978 NEPA Review Procedures

The Dog Ate My Exclusion! – Georgia Federal Court: No Reformation to Add Pollution Exclusion

General Contractor Intervening to Compel Arbitration Per the Subcontract

$31.5M Settlement Reached in Contract Dispute between Judlau and the Illinois Tollway

Type I and Type II Differing Site Conditions Claims

U.S. Tornadoes, Hail Cost Insurers $1 Billion in June

Arizona Court of Appeals Clarifies Homeowners Association Open Meeting Requirements

Business Risk Exclusions Dismissed in Summary Judgment Motion

How a $1,400 Humanoid Hints at Construction’s Robotic Future

Colorado Homes Approved Despite being Too Close Together

Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured

The Contractor’s Contingency: What Contractors and Construction Managers Need to Know and Be Wary Of

Senator Ray Scott Introduced a Bill to Reduce Colorado’s Statute of Repose for Construction Defect Actions to Four Years

Online Meetings & Privacy in Today’s WFH Environment

New York Court Rejects Owner’s Bid for Additional Insured Coverage

Payne & Fears LLP Recognized by U.S. News & World Report and Best Lawyers in 2023 “Best Law Firms” Rankings

Celebrating Freedom: The Overlooked Freedom to Contract in Commercial Insurance

Congratulations Devin Brunson
New York Supreme Court Building Opening Delayed Again

HHMR is pleased to announce that David McLain has been selected as a 2020 Super Lawyer

Congratulations 2020 DE, MA, NY and PA Super Lawyers and Rising Stars

With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]

Court Voids Settlement Agreement in Construction Defect Case

Super Lawyers Recognized Five Lawyers from Hunton’s Insurance Recovery Group

Providence Partner Monica R. Nelson Helps Union Carbide Secure Defense Verdict in 1st Rhode Island Asbestos Trial in Nearly 40 Years

The Heat Is On

WSHB to Present on Top Six Construction Contract Pain Points at Virtual CLE Conference

Apartment Construction Ominously Nears 25-Year High

Newmeyer & Dillion Announces Three New Partners

Is Modular Construction Destined to Fail?

Predicting Our Future with Andrew Weinreich

Waive Not, Want Not: Waivers and Releases on California Construction Projects

Viewpoint: A New Approach to Job Site Safety Reaps Benefits

Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

Cold Stress Safety and Protection

Construction Litigation Roundup: “A Fastball Right to the Bean!”

Suppliers Must Also Heed “Right to Repair” Claims

Executive Insights 2025: Leaders in Construction Law

White Collar Overtime Regulations Temporarily Blocked

Florida Project Could Help Address Runoff, Algae Blooms

Sometimes, Being too Cute with Pleading Allegations is Unnecessary

Why Ethiopia’s $5 Billion Dam Has Riled Its Neighbors

Real Estate & Construction News Roundup (5/29/24) – Megaprojects on the Rise, Agency Guidance for CRE, and an Upbeat Forecast for Commercial Real Estate Investment

LA Fire Victims Can Pursue City Utility Claims, Judge Rules

$2B Waldorf Astoria Renovation in NYC Resumes After Jobsite Fatality

Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds

Lennar Profit Tops Estimates as Home Prices Increase

Pennsylvania Supreme Court Adopts New Rule in Breach-of-the-Consent-to-Settle-Clause Cases

How Many Bridges Does the Chesapeake Bay Need?

Pile Test Likely for Settling Millennium Tower

Resulting Loss Provision Does Not Salvage Coverage

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

District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means

More Regulations for Federal Contractors

A Couple of Mechanic’s Lien Bills in VA [UPDATED]

Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

U.K. Puts Tax on Developers to Fund Safer Apartment Blocks

HUD Homeownership Push to Heed Lessons From Crisis, Castro Says

Construction Defect Claim Not Timely Filed

Newmeyer Dillion Named One of "The Best Places To Work In Orange County" by Orange County Business Journal

Cross-Office Team Secures Summary Judgment Win in Negligence Action with $2M Demand

Design Firm Settles over Construction Defect Claim

COVID-19 Damages and Time Recovery: Contract Checklist and Analysis

Construction Workers Unearth Bones

Eighth Circuit Finds that “Ensuing Loss” Clause Does Not Restore Coverage for Faulty Subcontractor Work

Construction Defects through the Years

An Expert’s Qualifications are Important