WALLING TENNESSEE CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

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

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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...

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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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New York Moves to Tighten Third-Party Practice: Key Changes to CPLR 1007

March 31, 2026 — Sophia L. Cahill - Sheppard
Effective April 18, 2026, the New York Legislature enacted the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act, amending CPLR 1007—the statute that governs third-party practice. The amendment sharply limits when and how defendants can commence third-party actions, curbing the expansive discretion they previously enjoyed and targeting the late-stage impleaders that often upend case schedules. What Changes Before the AVOID Act was signed into law on December 19, 2025 (and subsequently modified by Chapter Amendments A9502 and S8809, signed by Governor Hochul on February 13, 2026[1]), CPLR 1007 gave defendants broad latitude to implead “any person who is or may be liable” for all or part of the plaintiff’s claim. CPLR 1007 specified no outside time limit for the initiation of a third-party claim; courts assessed only whether a defendant’s delay was undue—such as impleading months after the note of issue—and whether the plaintiff would suffer prejudice if the third-party action were not severed. Read the full story...
Reprinted courtesy of Sophia L. Cahill, Sheppard
Ms. Cahill may be contacted at scahill@sheppard.com

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Four Kahana Feld Attorneys Selected to 2026 Southern California Super Lawyers List

March 03, 2026 — Kahana Feld
IRVINE, CA – Feb. 20, 2026 – Kahana Feld is pleased to announce that partners Jason Feld, Amir Kahana, Sharon Oh-Kubisch, and Manuel Ugarte were selected to the 2026 Southern California Super Lawyers® list. Jason Feld is a founding partner of Kahana Feld. He focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors. Read the full story...
Reprinted courtesy of Kahana Feld

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Los Angeles Times Ranks Lewis Brisbois Third Largest Firm in LA County, Largest for Litigation

June 08, 2026 — Lewis Brisbois
The Los Angeles Times has ranked Lewis Brisbois the third largest firm in LA County by attorney headcount, and first for number of litigation attorneys. Lewis Brisbois, whose Los Angeles office is led by Co-Managing Partners Jana I. Lubert and Kathleen Walker, has 273 attorneys working in LA County, including 167 partners. The firm ranked No. 1 for Litigation in the county, with 206 attorneys under the leadership of Partner Craig Holden. Read the full story...
Reprinted courtesy of Lewis Brisbois

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The Seventh Circuit Rejects Navigators Insurance Company’s Attempt to Escape Additional Insured Coverage For a Gas Explosion

March 24, 2026 — Kyle A. Rudolph & Anna M. Perry - Saxe Doernberger & Vita, P.C.
In a recent Seventh Circuit decision, Atlanta Gas Light Company v. Navigators Insurance Company, the court addressed a theme that policyholders are often confronted with by insurers[1] – insurers disputing additional insured coverage where the named insured is not named in the underlying action. The court aptly rejected this position since it was undisputed that the bodily injuries alleged in the underlying lawsuits were due to a gas explosion that was “caused, in whole or in part, by” the named insured’s acts or omissions. I. Background The additional insureds, Atlanta Gas Light Company and Southern Company Gas (collectively, “AGL”), retained the named insured, United States Infrastructure Corporation (“USIC”), to locate and mark gas lines that AGL owned in Georgia. USIC failed to mark a certain gas line, which was later struck by a boring company, leading to an explosion that injured three people. Reprinted courtesy of Kyle A. Rudolph, Saxe Doernberger & Vita, P.C. and Anna M. Perry, Saxe Doernberger & Vita, P.C. Mr. Rudolph may be contacted at KRudolph@sdvlaw.com Ms. Perry may be contacted at APerry@sdvlaw.com Read the full story...

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Four Families Now Live in the Season Six Rock the Block Homes in Grantsville, Utah

April 20, 2026 — Hamlet Homes
SALT LAKE CITY, April 20, 2026 /PRNewswire/ -- The premier of Rock the Block season seven aired last Monday and is set in Las Vegas, Nevada. Rock The Block is HGTV's highest rated show. Last year, season six was set in Utah and had HGTV's highest rating yet, with over 14 million viewers. All episodes of season six were filmed in the Worthington Ranch community in Grantsville, Utah. The four homes on the show were built by Utah builder Hamlet Homes. During the show, the location of the four Rock The Block homes had to be kept secret and were surrounded by a locked gate. After over a year of being inaccessible, the Utah public was invited in May 2025 to tour the homes and help raise money together for charity. On May 30-31, 2025, Hamlet hosted a 'Rock The Block Party' where the public was able to walk through the homes made famous by the show. Hamlet Owner, VP of Marketing & Design Tami Ostmark shares stories from the show and her perspective of what it's like to be the builder on a national show like this. Ostmark was on set almost the entire time. "As expected, there were times when there was tension on the set. All four designers were super competitive with each other. It's amazing that the production team was able to produce the show as well as they did. I'm very impressed," said Ostmark. Another interesting point related to the show is how much work the local builder is responsible for. Some nights as many as 30 Hamlet team members worked through the night to keep up with the pace of production. "Each designer provided their own trusted carpenters to do finishing work. In two of the cases, designers' flew their favorite carpenters in to carry out their visions. Given the quick turnaround, it's not always practical for finishing work to be permanent. Sometimes, it just needs to look appealing on camera," said Ostmark. This is frequently referred to as 'TV Magic'. "When the show was over, Hamlet re-did any areas that required extra attention". The show really does shoot in only 7 weeks as depicted. This creates a fast pace that was very exciting to be a part of", continued Ostmark. All four of the homes featured on the show have since been purchased; four Utah families currently call them home. ABOUT HAMLET HOMES Hamlet Homes (www.hamlethomes.com) crafts quality customer-oriented townhomes and single-family homes located in attractively designed communities in Utah and Idaho. Since the company's founding in 1995, Hamlet has built over 5,000 homes in 80 communities. The company is a proud recipient of many awards on Sustainable Business & Design, Quality Builder Awards; recognized both locally and nationally. Named by the Salt Lake Chamber of Commerce as the 'Veteran Owned Small Business of the Year, in 2019'. Hamlet has since been named several times to the Professional Builder's Housing Giants List and annual HOME AWARDS Best Customer Experience. Most recently in 2026, Hamlet was named Utah's 'Best of State for Real Estate Development and Utah Businesses 'Best Companies to Work For' for the 6th consecutive year.

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