LOOP TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Traub Lieberman Wins Affirmation of Judgment on Pleadings Before the Seventh Circuit

August 16, 2026 — Dana A. Rice & Adam P. Joffe - Traub Lieberman
Traub Lieberman Partners Dana Rice and Adam Joffe obtained affirmation of judgment from the Seventh Circuit Court of Appeals in favor of an Insurance Company. The Insurance Company filed suit seeking a declaration that it had no duty to defend or indemnify its Insured, a Roofing Contractor, in an underlying lawsuit. The Insurance Company issued a commercial general liability policy with a one-year policy term. The policy included an exclusion that barred coverage for any losses arising out of work the insured completed before the date the policy incepted. Reprinted courtesy of Dana A. Rice, Traub Lieberman and Adam P. Joffe, Traub Lieberman Mr. Rice may be contacted at drice@tlsslaw.com Mr. Joffe may be contacted at ajoffe@tlsslaw.com Read the full story...

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Leading Boutiques Combine to Form SDV Fenchurch, A Global Law Firm for Insurance Policyholders

September 15, 2026 — SDV Fenchurch
TRUMBULL, Conn., and LONDON, Sept. 1, 2026 — Saxe Doernberger & Vita, P.C. (SDV), Fenchurch Law, Wesolowski Abogados, and CLIR & Fenchurch and their partner members in Asia, Europe and North America combined today to launch SDV Fenchurch, a global law firm built exclusively to represent policyholders and the brokers who advise them. Structured as a Swiss verein, SDV Fenchurch unites dedicated insurance-recovery practices across eight jurisdictions in the United States, the United Kingdom, France, Spain, Denmark, Norway, Turkey, and Singapore. With over 90 lawyers devoted to insurance coverage matters, the firm is among the largest policyholder-side practices in the world and, by number of jurisdictions with full-time policyholder counsel capabilities, the most geographically extensive. The founders are brought together by a single shared mission: to act solely for policyholders, never the insurers, in insurance disputes. This is in stark contrast to most international firms with insurance practices, which mostly represent insurers only. Read the full story...
Reprinted courtesy of SDV Fenchurch

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We Won’t Permit That Excuse!

June 23, 2026 — Curt Martin & Richard Eiszner - ConsensusDocs
A Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project. That caught our attention. Can you build a commercial project without a permit? But as we read the case, we see the court’s reasoning. And it reminds us of an important legal principle that should inform our contract drafting and negotiation. The case was a civil suit brought by the project owner against its tenant improvement contractor for work on a medical spa. The owner claimed that the contractor didn’t perform the work properly and didn’t finish construction. The contractor argued that delays and problems were caused by the owner, alleging numerous failures, including the owner’s failure to secure a building permit. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Richard Eiszner, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Eiszner may be contacted at reiszner@pecklaw.com Read the full story...

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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

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EPA Steps Back, Arizona Moves Forward

May 12, 2026 — Patrick J. Paul, John Habib & Sukhmani K. Singh - Snell & Wilmer
In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to “Serious” ozone nonattainment status pursuant to the Clean Air Act’s National Ambient Air Quality Standards (NAAQS). This decision marks a shift in federal air policy — one that recognizes the unique challenges faced by regions like metro Phoenix, where environmental conditions beyond local control are often key contributors to air quality readings. The EPA’s move follows a series of meetings between EPA Administrator Lee Zeldin, Arizona elected officials, and business and civic leaders, including a recent roundtable in Phoenix convened by U.S. Senator Mark Kelly. In announcing the pause, Zeldin acknowledged the need for flexibility and fairness in the application of Clean Air Act standards, especially when emissions from other states, nations, and natural events significantly influence local air quality. Reprinted courtesy of Patrick J. Paul, Snell & Wilmer, John Habib, Snell & Wilmer and Sukhmani K. Singh, Snell & Wilmer Mr. Paul may be contacted at ppaul@swlaw.com Mr. Habib may be contacted at jhabib@swlaw.com Ms. Singh may be contacted at ssingh@swlaw.com Read the full story...

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Prefatory Contract Language Cannot Be Used to Create an Ambiguity with Operative Provisions

May 12, 2026 — David Adelstein - Florida Construction Legal Updates
Contract drafting and interpretation matters. A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case here where the appellate court reversed based on the prefatory language. But, through a motion for rehearing, the appellate court reconsidered its position and affirmed the trial court based on the operative provisions, mainly that the prefatory language cannot be used to create an ambiguity with operative provisions. Consider this explanation in affirming the trial court:

Because the trial court correctly found that the initial language in the contract was prefatory and could not be used to create an ambiguity in the remainder of the contract, we affirm the final judgment.

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

May 14, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute. The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim. GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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The Best Lawyers in America® - Ball Janik Attorneys Earn Multiple Recognitions

September 01, 2026 — Ball Janik LLP
Orlando, FL, August 20, 2026 – Ball Janik LLP is pleased to announce that 24 of its attorneys have been recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. The 33rd Best Lawyers edition recognitions are based on peer review and highlight attorneys across a range of practice areas. This recognition underscores the broad experience Ball Janik's attorneys bring to the firm's construction defect practice. "We're proud to be recognized by Best Lawyers again this year," said James C. Prichard, Managing Partner of Ball Janik LLP. "These honors reflect the expertise and depth of our team, our continued growth across Florida, and our commitment to providing strong counsel to clients in complex construction, insurance recovery, and litigation matters." Ball Janik attorneys recognized in the 2027 edition of The Best Lawyers in America® include: Keegan A. Berry — Construction Law Brian T. Crevasse — Construction Law; Litigation - Construction Todd Demetriades — Litigation - Construction Joseph R. Fitos — Construction Law; Litigation - Construction Megan A. Picataggio — Construction Law Jon E. Lemole — Construction Law; Litigation - Construction Salvatore G. Scro — Construction Law Nicholas B. Vargo — Construction Law; Litigation - Construction Kelly M. Corcoran — Construction Law Gabriel Z. Coelho — Construction Law Evan J. Small — Construction Law; Litigation - Construction Franchesco Soto — Construction Law; Litigation - Construction Phillip E. Joseph — Litigation - Construction; Real Estate Law James C. Prichard — Construction Law Ball Janik attorneys recognized in the 2027 edition of Best Lawyers: Ones to Watch® in America include: Nicholas Passantino — Litigation - Construction Amanda L. Gonzalez — Construction Law; Litigation - Construction Morgan N. Lester — Litigation - Construction Chris S. Tribbey — Construction Law Kyle Bugden — Construction Law; Litigation - Construction Brian Tannenbaum — Construction Law Kayla Mosquera — Insurance Law Natasha L. Biela — Commercial Litigation Elijah C. Waring, Jr. — Product Liability Litigation - Defendants Greg K. Demers — Construction Law About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 70-plus attorneys and paralegals in five offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, including for its construction law capabilities in Florida, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, Super Lawyers, and Corporate International. Read more at www.balljanik.com.

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