Hearne Texas Construction Expert Witness Directory

IEEPA Tariff Refunds: CBP Launches CAPE Process

April 27, 2026 — David J. Creagan, Guido Antolini, Bruce W. MacLennan & Gary P. Biehn - White and Williams LLP
On April 20, 2026, U.S. Customs and Border Protection (CBP) launched the first phase of the Consolidated Administration and Processing of Entries (CAPE) tool in the Automated Commercial Environment (ACE) portal to administer refunds of duties imposed under the International Emergency Economic Powers Act (IEEPA) through a streamlined electronic filing process. Background In February 2026, the U.S. Supreme Court held that certain tariffs imposed under IEEPA were unlawful. Subsequent proceedings before the U.S. Court of International Trade required CBP to develop a scalable refund process applicable not only to litigants but also to non-plaintiffs. According to CBP and court filings, approximately 330,000 importers paid or deposited an estimated $166 billion in IEEPA duties across more than 53 million entries. In response, CBP developed CAPE as an electronic, consolidated refund mechanism within ACE. Reprinted courtesy of David J. Creagan, White and Williams LLP, Guido Antolini, White and Williams LLP, Bruce W. MacLennan, White and Williams LLP and Gary P. Biehn, White and Williams LLP Mr. Creagan may be contacted at creagand@whiteandwilliams.com Mr. Antolini may be contacted at antolinig@whiteandwilliams.com Mr. MacLennan may be contacted at maclennanb@whiteandwilliams.com Mr. Biehn may be contacted at biehng@whiteandwilliams.com Read the full story...

Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects

March 24, 2026 — Chad Theriot & Jack Mayo - Construction Executive
Modular construction is revolutionizing the construction industry, tackling labor shortages, sustainability goals and supply-chain challenges, with the global market for modular and prefabricated construction projected to reach over $200 billion by 2030. While residential builders have embraced modular’s speed and affordability, the greatest risks—and opportunities—are emerging in the industrial sector, where project scale and complexity demand new legal strategies. In 2023, Chad Theriot explored industrial and infrastructure applications of modular construction, addressing risks like offsite fabrication and integration complexities in his article, “The Rise of Modular Construction—Impacts for Consideration.” Since that time, modular construction has continued to experience significant advancements and has been increasingly adopted by contractors across a broad spectrum of industrial and commercial projects. As modular construction continues to reshape the industrial landscape, contractors and owners alike must be mindful of the legal implications associated with its use, specifically as it relates to liability and risk allocation, regulatory compliance, quality control and upstream factors such as transportation and intellectual property concerns. Reprinted courtesy of Chad Theriot and Jack Mayo, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Angela Zanin Featured in LACBA List of Women’s History Month Honorees

March 17, 2026 — Lewis Brisbois Newsroom
Los Angeles Partner Angela Zanin was recently honored for her leadership and diversity initiatives in the California legal community by the Los Angeles County Bar Association (LACBA) as part of the organization’s Women’s History Month initiative. LACBA highlighted Ms. Zanin’s efforts in the community. After serving as President of the Italian American Lawyers Association (IALA) in 2023, she co-founded the Los Angeles County Unity Bar (LACUB), an alliance of bar associations dedicated to promoting diversity in the judiciary. Consisting of ten member organizations, the LACUB takes pride in its endorsement of over 40 candidates appointed to the California Court of Appeal, U.S. District Courts, Los Angeles Superior Court, and Orange County Superior Court. Read the full story...
Reprinted courtesy of Lewis Brisbois

Arizona Court Enters $323 Million Judgment Against ZOM Living Following Unanimous Jury Verdict

May 26, 2026 — Gray Development Group
PHOENIX, May 19, 2026 /PRNewswire/ -- A Maricopa County court has entered a $323 million compensatory damages judgment in favor of Gray Development Group against ZOM Holding Inc., doing business as ZOM Living, following a 12-day trial, a unanimous jury verdict and post-trial proceedings related to a proposed business transaction. The jury found ZOM liable on claims of breach of contract and breach of the implied covenant of good faith and fair dealing stemming from a proposed joint venture tied to a planned pipeline of luxury multifamily and commercial projects in Phoenix and Scottsdale. The lawsuit centered on a 13-project, $1.4 billion development pipeline originated and planned by Gray Development Group over more than a decade. In 2019, Gray invited Florida-based ZOM to participate in a joint venture involving the completion of five projects, which would have marked ZOM's entry into the Arizona market. According to court findings presented at trial, the companies entered into a mutual confidentiality and non-circumvention agreement before Gray shared extensive sensitive and proprietary information related to the projects, including planning, market analysis, costs, financial data, local business relationships and operational strategies developed by Gray over decades in Arizona. Evidence presented during trial showed that over a 10-month period while under contract, ZOM made hundreds of requests for confidential project and market information before circumventing Gray and pursuing the projects independently, ultimately displacing Gray from projects it spent years planning and developing. ZOM Living, headquartered in Orlando, develops multifamily and senior housing communities across the United States and operates regional offices in Boston, Dallas, Fort Lauderdale, Nashville, Phoenix, and Raleigh. ZOM is owned by Timeless Investments, the Amsterdam-based family office of Dutch businessman Hans van Veggel, which acquired the company in 1997. About Gray Development Group Gray Development Group was founded by architect Bruce Gray in 1991. The Phoenix-based company was the top-ranked multifamily developer in Arizona for more than a decade. The company designed and developed more than 15,000 apartment and condominium units throughout metropolitan Phoenix. Two Gray-designed developments — a Tempe midrise and a San Diego high-rise — received National Apartment Community of the Year awards.

FERC’s New Order on Data Center Co-Location: What Utilities Need to Know

January 26, 2026 — Stephen J. Humes - Gravel2Gavel Construction & Real Estate Law Blog
On December 18, 2025, the Federal Energy Regulatory Commission (FERC) issued a pivotal order to PJM Interconnection, the nation’s largest regional wholesale power grid operator running the transmission system in the Mid-Atlantic region. The Order intends to help reshape how large loads—especially data centers—connect to the grid in the face of massive load growth from artificial intelligence (AI) hyperscalers. At FERC’s monthly open meeting, the commissioners unanimously approved the Order, finding that PJM’s existing tariff does not adequately address the issue of co-locating large loads with data centers and electric generation. The Order was issued in FERC Docket Nos. EL24-49-000 et al., can be found at this link. Read the full story...
Reprinted courtesy of Stephen J. Humes, Pillsbury
Mr. Humes may be contacted at stephen.humes@pillsburylaw.com

Ninth Circuit Affirms District Court’s Finding of No Coverage for Interior Leak

March 24, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying California law, the Ninth Circuit affirmed the district court’s finding that water damage caused by a leaking pipe over time was not covered under the insured’s homeowners’ policy. Mojica v. State Farm General Ins. Co., 2025 U.S. App. LEXIS 32405 (9th Cir. Dec. 11, 2025). A small hole, slightly larger than a pen tip in size, developed in a pressurized hot water pipe. The resulting leak lasted for nearly six days and released enough water to saturate and ruin all the subflooring and flooring in the insureds’ home. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Standing When It Comes to Real Property Owned by a Trust

February 23, 2026 — David Adelstein - Florida Construction Legal Updates
It is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate planning purposes. In a recent case, the question became that if the property is owned by the trust does only the trust have standing to file the lawsuit. In this case, homeowners, in their individual capacities, sued a flooring contractor for defective work; however, prior to the lawsuit, the homeowners deeded the home (which would include the flooring in the home) to a revocable trust. The plaintiffs, though, were the trustees of the revocable trust and the settlors of the trust. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Engineering Seals Versus Contracts ‘Under Seal’ (Two Very Different Things)

May 05, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
Recently, I was asked by a reader to explain the difference between a document that is ‘sealed’ by an engineer (or architect) and one that is signed ‘under seal’. This question prompted this post, as others may also be wondering about the distinction. [Hi Ed! Thanks for your question] Professionals have ‘seals’ that show that they are registered (Engineers) or licensed (Architects). As most of you likely know, your professional seal is something that is hard won and which is used when—and only when—your plans were made by you or someone under your direct supervisory control. Your signature represents that you were in responsible control over the documents, and that they have met the required professional standard of care. (21 NC Admin Code 2-0206 (a)(11)). Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

HEARNE TEXAS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES