HILLISTER TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Insured General Contractor Prevails on Motion for Summary Judgment to Establish Builder’s Risk Coverage

July 06, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The general contractor’s motion for partial summary judgment successfully established that damage to footings in place before the policy period was covered after the collapse of a building. Big D Builders, Inc. v. Am Zurich Ins. Co., 2026 U.S. Dist. LEXIS 72012 (D. Idaho March 31, 2026). Big D was the general contractor for building a new airplane hangar by erecting a 38,000 square foot structure. Before Big D began construction, the site of the hangar did not contain any pre-existing structures or buildings. Before completion of the hangar, it collapsed and caused extensive property damage. The builder’s risk policy issued by Zurich covered certain aspects of the construction project for the policy period December 28, 2023, to December 28, 2024. Zurich accepted coverage for most of the damage but not for damage to footings and columns installed prior to the start date of the policy. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Snell & Wilmer Recognized Among the Top 10 Largest Law Firms in Orange County by the Orange County Business Journal for the Ninth Consecutive Year

April 27, 2026 — Snell & Wilmer
ORANGE COUNTY – Snell & Wilmer is pleased to announce that its Orange County office has been named the eighth largest law firm in Orange County on the Orange County Business Journal’s 2026 List of Law Firms. The office has been ranked among the top 10 largest law firms in the region by the Orange County Business Journal for nine consecutive years. “We are proud to once again be recognized among the top law firms in Orange County,” said Jonathan E. Frank, managing partner of the firm’s Orange County office. “This recognition is a testament to the outstanding attorneys and professionals in our Orange County office and the clients who trust us with their most important matters. Being ranked among the top 10 largest firms in the region for nine consecutive years reflects both the strength of our team and our deep commitment to serving the Orange County business community.” Read the full story...
Reprinted courtesy of Snell & Wilmer

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Jenny Michel Named Top Lawyer by Acadiana Profile Magazine

June 29, 2026 — Lewis Brisbois
Lafayette Managing Partner Jenny Michel has been named to Acadiana Profile magazine’s 2026 Top Lawyers list for Insurance Law. The annual list honors excellence across several practice areas. To select attorneys for its Top Lawyers list, Acadiana Profile works with a research firm that conducts a peer-review survey of attorneys in the Acadiana, Louisiana region. The attorneys nominate fellow professionals who they consider the best in their field of practice. Ms. Michel is co-chair of the London Market Group, the Pollution Legal Liability/Environmental Impairment Liability (PLL/EIL) practice, and the Energy, Marine & Power practice. She has worked with London insurers her entire career. Licensed in both Louisiana and Texas, she leads a team of experienced attorneys focused on marine, both traditional and alternate energy, onshore and offshore property, trucking and environmental insurance coverage and bad faith claims, excess monitoring, advice and litigation, both at the trial and appellate levels. Read the full story...
Reprinted courtesy of Lewis Brisbois

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HDR Agreed to $12M Settlement With Miami Bridge Design-Build Team

May 12, 2026 — Richard Korman - Engineering News-Record
HDR last year agreed to pay $12 million to the design-build construction contractor Archer Western-de Moya Group to settle its claims that the engineer had incompletely designed and under-designed Miami's new Signature Bridge when the joint venture committed to a fixed price prior to construction in 2018. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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Michael C. Zisa and Phillip Boldt Co-Author D.C. Chapter of “50-State Guide to Electronic Execution of the General Agreement of Indemnity”

October 06, 2026 — Michael C. Zisa & Phillip Boldt - Peckar & Abramson, P.C.
Michael C. Zisa, Co-Managing Partner of P&A’s Washington, D.C. office, Chair of the Surety and Construction Related Insurance Defense practice, and Co-Chair of the Crisis Management team, and Phillip Boldt, an Associate in P&A’s Washington, D.C. office, have co-authored the District of Columbia chapter of the American Bar Association (ABA) Fidelity and Surety Law Committee and The Surety & Fidelity Association of America’s (SFAA), “50-State Guide to Electronic Execution of the General Agreement of Indemnity.” Reprinted courtesy of Michael C. Zisa, Peckar & Abramson, P.C. and Phillip Boldt, Peckar & Abramson, P.C. Mr. Zisa may be contacted at mzisa@pecklaw.com Mr. Boldt may be contacted at pboldt@pecklaw.com Read the full story...

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Federal Court Strikes Down New York’s Climate Superfund Act: What It Means for the “Polluter Pays” Movement

September 28, 2026 — Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
A federal judge in the Northern District of New York has struck down New York’s Climate Change Superfund Act, ruling that the “polluter pays” climate law is preempted by federal law and “simply beyond the limits of state law.” The court concluded that the Clean Air Act (CAA) does not authorize New York’s compensation scheme, which calculates liability based on greenhouse gas (GHG) emissions attributable to worldwide fossil fuel extraction and refining. It separately held that any cost-recovery demand against a foreign producer would be preempted under the constitutional foreign affairs doctrine, which limits state intrusion into matters committed predominantly to the federal government. The court directed the parties to file a status report by September 14, leaving the form of further relief unresolved. In practical terms, the court has decided that the Act is preempted and cannot be enforced but has not yet determined the precise terms of its final order, including whether to formally enjoin its enforcement. The decision in West Virginia v. James, Case No. 1:25-cv-00168 (N.D.N.Y. Aug. 31, 2026), issued by Chief U.S. District Judge Brenda K. Sannes, who was appointed by President Obama, marks the first judicial invalidation of a state climate superfund statute and carries significant implications for the climate superfund landscape and the three remaining lawsuits challenging these laws. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh K. Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

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From Dark Data to Building Intelligence

July 13, 2026 — Aarni Heiskanen - AEC Business
In this episode, I talk with Mark Sorsa-Leslie, founder and CEO of Auttaa AI, whose team just won first place in Luotea’s inaugural hackathon in Helsinki for turning property maintenance from reactive firefighting into proactive forecasting with AI. Mark is a chartered surveyor with 30 years of real estate data experience, previously the founder of the UK sensor company Beringar. We discuss why so much building data stays dark and siloed, from outdated networking technology to the shortage of people who understand both engineering and property. Mark explains how Auttaa bridges real-time building data with large language models, using what he calls an “influence graph” to surface correlations and causation across previously disconnected systems, such as linking occupancy patterns to CO2 readings to diagnose ventilation problems in minutes rather than days. 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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Emerging Issues in Construction CGL Insurance Part 2: The Separation of Insureds and Additional Insured Interests

September 29, 2026 — Eric M. Clarkson - SDV Fenchurch
Many coverage disputes hinge on first principles—the fundamentals of insurance —rather than the minutiae. Unfortunately, the basic anatomy of insurance policies can get lost sometimes when parties are laser-focused on a particular term or set of circumstances. This is true not just in disputes, but also when writing coverage. One of the fundamentals that is commonly misunderstood and overlooked—but which is absolutely critical to the intended operation of insurance coverage—is what is commonly known as the “separation of insureds.” The “separation of insureds” is the concept that each “insured” under a policy are referred to and treated differently, and most of all that the distinctions matter. The concept is usually included as a condition in the policy. It embodies the requirement that the policy applies to each insured distinctly from how it applies to other insureds. The ISO Form CGL policies specifically state that they apply “[s]eparately to each insured against whom a claim is made or ‘suit’ is brought.” The separate and distinct treatment of insureds is more critical in construction operations than anywhere else. This distinction is essential to ensure coverage works as intended, especially when contracted operations are involved, because the policy must insure the subcontractor that purchased the policy, the general contractor who hired the subcontractor, and the owner that hired the general contractor. Even small modifications can easily frustrate the intent of the parties. Read the full story...
Reprinted courtesy of Eric M. Clarkson, SDV Fenchurch
Mr. Clarkson may be contacted at eric.clarkson@sdvfenchurch.us

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