BIG WELLS TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Data Center Construction: Contractors Must Step Up

May 26, 2026 — Aarni Heiskanen - AEC Business
I attended the Datacenter Forum 2026 in Helsinki last week. Over 400 people packed the room. Walking out, I had one overriding thought: Is construction operating in a different century from the technology it is being asked to house? Is Our Industry on Par? Ciarán Forde, Senior Vice President at CTS Nordics, opened the forum with a statement that set the tone for everything that followed: data centers are no longer just a technical challenge; they are a national strategy. Before AI, Ciarán had worked in telecoms, where data centers were already complex. But now, he said flatly, everything has changed, and the industry must rethink everything. The numbers behind the claim are staggering. Current AI data center racks run at 40 to 100 kW. In three years, 800 kW per rack is on the roadmap. And the development cycle for a new chip is roughly one year, which means deployments begin aging out almost as soon as they are commissioned. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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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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Same Insurers, Different Results: Another Chapter in Acuity v. Kinsale and the Limits of Co-Carrier Recovery Under Colorado Law

October 27, 2026 — David McLain - Colorado Construction Litigation Blog
When multiple insurers potentially owe coverage for the same construction defect claim, can one insurer force another to participate in the defense or indemnification of their common insured? If the other insurer refuses, what remedies are available? As is often the case in insurance coverage litigation, the answer depends on precisely what claim is being asserted, whose rights are being enforced, and when the claim is brought. In our earlier article, Acuity v. Kinsale Insurance Company: Co-Carrier Obligations and Subrogation under Colorado Law, we examined the United States District Court for the District of Colorado’s decision in Acuity v. Kinsale Insurance Company, 750 F. Supp. 3d 1229 (D. Colo. 2024). That decision addressed the circumstances under which an insurer that funded a construction defect settlement could pursue another insurer for equitable contribution, contractual subrogation, and alleged bad-faith conduct. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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Snell & Wilmer’s Los Angeles Office Recognized as One of the “Best Places to Work” by the Los Angeles Business Journal

September 15, 2026 — Snell & Wilmer
LOS ANGELES – Snell & Wilmer is proud to announce that its Los Angeles office has been named one of the 2026 Best Places to Work by the Los Angeles Business Journal as part of its annual Best Places to Work awards. The recognition honors outstanding employers across the Los Angeles region that are fostering strong workplace cultures and creating positive employee experiences. Selections are based on confidential employee surveys conducted by Workforce Research Group, which evaluate organizations on leadership, corporate culture, communication, employee engagement, and other key workplace factors. “We are honored to be recognized as one of the Best Places to Work in Los Angeles,” said Joshua Schneiderman, managing partner of the firm’s Los Angeles office. “This recognition reflects the collaborative culture we have built and the dedication of our attorneys and professional staff who contribute to making our office a great place to work. We remain committed to providing opportunities for growth, fostering meaningful connections, and supporting our team members’ continued success.” Read the full story...
Reprinted courtesy of Snell & Wilmer

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Steel Cooling: Steel Costs Steadily Decline After Pandemic Price Shock

May 12, 2026 — Construction Executive
Steel prices have continued trending downward after several years of volatility, according to Gordian’s latest analysis based on RSMeans Data. After dramatic spikes during the pandemic-era supply disruptions, the market has gradually stabilized as supply chains improve and demand softens in some construction segments. However, selective volatility and tariff uncertainty continue to influence pricing across the sector. Key findings from the report include:

• Steel prices declining: The national average price of structural steel fell to about $2,343.93 per ton in January 2026, down 5.38% from the previous quarter and 7.18% year over year.
• Longer-term price correction: Steel costs have been trending downward since 2024 after earlier volatility driven by inflation, supply shortages and global demand swings.

Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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New York Construction Employers Face New Reporting and Cancellation Pay Requirements Beginning December 8, 2026

October 26, 2026 — Bradley J. Bartolomeo & Clare M. Cunningham - Lewis Brisbois
Effective December 8, 2026, pursuant to the New York Construction Reporting Pay Act, employers in the New York State construction industry will be subjected to new reporting requirements and will be required to pay both union and non-union workers for certain last-minute schedule changes, even when the disruption is caused by weather, failed inspections, material shortages, site-access restrictions, or delays attributable to owners, general contractors, or other trades. For many contractors, routine decisions that have historically been considered part of construction scheduling risk may now create mandatory wage obligations, prevailing wage compliance concerns, and potential wage-and-hour litigation exposure. Reprinted courtesy of Bradley J. Bartolomeo, Lewis Brisbois and Clare M. Cunningham, Lewis Brisbois Mr. Bartolomeo may be contacted at Bradley.Bartolomeo@lewisbrisbois.com Ms. Cunningham may be contacted at Clare.Cunningham@lewisbrisbois.com Read the full story...

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Wilke Fleury is proud to congratulate attorneys recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America.

September 15, 2026 — Wilke Fleury
The Best Lawyers in America®: Dan Egan, Daniel Foster, David Frenznick, and George Guthrie. Best Lawyers: Ones to Watch® in America: Islam M. Ahmad, Kathryne Baldwin, Melissa Eaton, Jason Eldred, and Mustafa Karim. Congratulations to this outstanding group! Read the full story...
Reprinted courtesy of Wilke Fleury

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Sausage-Making Often Relies on the Good Sense of the Chef Rather than the Recipe

June 23, 2026 — Garret D. Murai - California Construction Law Blog
Even for lawyers, the rules governing litigation can get complex and convoluted. Does something need to be filed? What needs to be filed? When is the deadline for filing? Simple questions with not always with straightforward answers. This was the case in R & J Sheet Metal, Inc. v. W.E. O’Neil Construction Co. of California, 111 Cal.App.5th 878 (2025), which involved sheet metal panels lost when they fell into the Port of Long Beach harbor. 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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