MARTINDALE TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

White and Williams LLP Attorneys Recognized as PA and DE Super Lawyers

July 06, 2026 — White and Williams LLP
White and Williams LLP is proud to announce that eight attorneys in the firm’s Philadelphia office and one attorney in the firm's Delaware Office have been recognized on the 2026 Super Lawyers® and Rising Star lists. This recognition highlights our attorney's exceptional legal acumen and their commitment to client service excellence. Lawyers are selected for inclusion in Pennsylvania and Delaware Area Super Lawyers® and Rising Stars through a process that considers independent research, peer recognition and the professional achievements of attorneys from more than 70 practice areas. Approximately 2.5% of lawyers in each state are selected by the research team at Super Lawyers® to receive this honor. Read the full story...
Reprinted courtesy of White and Williams LLP

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New York Construction: New Rules for Reporting and Cancellation Pay

October 12, 2026 — Meghan Douris & Howard Wexler - The Construction Seyt
Effective December 8, 2026, covered New York construction employers generally must provide up to four hours of reporting pay when an employee reports for a scheduled shift but receives no work, and two hours of pay when a scheduled shift is canceled with less than 12 hours’ notice. Separate requirements apply to certain prevailing-wage construction projects. Before the law takes effect, contractors should identify which projects and employees are covered and make sure their scheduling, payroll, labor, and contract practices are ready. What the New Law Requires New York’s Construction Reporting Pay Act introduces two principal compensation requirements for covered construction employees:

• Reporting pay: An employee who reports for a scheduled shift but is not provided work generally must receive up to four hours of pay.
• Shift-cancellation pay: An employee generally must receive two hours of pay when a scheduled shift is canceled with less than 12 hours’ notice.

Reprinted courtesy of Meghan Douris, Seyfarth and Howard Wexler, Seyfarth Ms. Douris may be contacted at mdouris@seyfarth.com Mr. Wexler may be contacted at hwexler@seyfarth.com Read the full story...

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Fatalities Edge Down: New Data Reveals a Promising Decline

April 27, 2026 — Construction Executive
Construction fatalities in the United States declined slightly in 2024, according to new data released from the U.S. Bureau of Labor Statistics. The sector recorded just over 1,000 worker deaths last year—a modest decrease from the previous year but still among the highest totals of any industry. Falls remained the leading cause of death, accounting for roughly one-third of all construction fatalities. Transportation incidents—including workers struck by vehicles or equipment—ranked second, followed by contact with objects or equipment and electrocutions. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Motion for Summary Judgment Granted in Significant California Public Utilities Suit

May 12, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Partner Mike D’Andrea and Associates Ruth Rasiah and Kaylah Abdullah in the Los Angeles office for obtaining a complete dismissal of their clients in a significant claim involving California’s Public Utilities regulations. After lengthy litigation, BWB&O’s Motion for Summary Judgment was granted against Claimant, Spectrum (Charter Communications), which resulted in a complete dismissal of the action against BWB&O’s clients. At issue was whether California’s Public Utilities Code shifted the common law duty to maintain certain utility equipment in residential areas within Southern California. After significant briefing, the Superior Court found that BWB&O correctly argued that the Public Utilities Code required utility companies, like Spectrum, to fully maintain utility equipment, and that private residents are not responsible for utility maintenance (even if the physical equipment is located on private property). Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Sometimes a General Damages Assessment is Enough. . .

July 06, 2026 — Christopher G. Hill - Construction Law Musings
It has been a while since I last posted here at Construction Law Musings. Life, law practice, and “blogger’s block” have taken their toll on the posting schedule. Hopefully this will be one of several upcoming posts now that the litigation schedule has lightened a bit over the summer. Today’s post is about damages. Specifically damage to a homeowner’s roof and her legal damages therefor. That last is of course a sentence that only a construction attorney (or other litigator) could possibly craft and have it make sense. Now, on with the case. . .In Hardesty Construction, Inc. v. Weedon, the facts are as follows: Ms. Weedon had hail damage to the roof of her home. She hired Hardesty Construction to repair and replace the roof. After the first roof was installed and failed inspection, a second roof was installed. The issue was that the first roof had a warranty and the second roof, installed similarly to the first (and allegedly with the same construction issues according to Ms. Weedon’s expert), was not provided with the promised warranty. As one may expect, Weedon sued Hardesty and Hardesty Construction for fraudulent inducement and breach of contract. At trial, Weedon testified, without objection, that her home was worth $40,000 less because of Hardesty Construction’s work, which was based partially on quotes Weedon received to fix the roof. The Circuit Court granted Hardesty Construction’s motion to strike Weedon’s fraudulent inducement claim, but not her other claims. A jury awarded Weedon $30,253.30 on her breach of contract claim. Hardesty Construction appealed, arguing the Circuit Court erred in (a) allowing the jury to consider Weedon’s valuation testimony because it was not based on her personal knowledge and (b) denying its motion to strike based on insufficient evidence as to damages. Weedon assigned cross-error in the Circuit Court’s decision to grant the motion to strike her fraudulent inducement claim against Samual Hardesty. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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Trial-Tested Property Litigator Kimberlee Martin Joins Ball Janik LLP's Orlando Construction Defect Team

October 06, 2026 — Ball Janik LLP
ORLANDO, FL, September 30, 2026 — Ball Janik LLP has added Kimberlee A. Martin to its Construction Defect Practice Group as an associate in the firm's Orlando office. For more than a decade, she has litigated matters in the fields of criminal defense, first-party property, and insurance disputes, taking cases and claims from inception through jury trial. It's the same path many of Ball Janik's clients face when construction goes wrong, and her arrival deepens the firm's trial bench in Central Florida. "Florida property owners are dealing with complex building problems and less time to act on them. That puts a premium on attorneys who can take a case the distance," said James C. Prichard, Managing Partner of Ball Janik LLP. "Kimberlee has carried property and insurance claims from pre-suit all the way through trial, working hand in hand with experts along the way. Community associations and commercial property owners need exactly that combination, and she brings it to our team on day one." Most recently, Kimberlee served as Litigation Director, where she oversaw homeowners' property claims in pre-suit and litigation, managed a substantial caseload, and guided associate attorneys on litigation strategy. Her civil work includes jury trials, summary judgment and dismissal motions, expert and witness depositions, mediations, and site inspections, along with close coordination with contractors, consultants, and other experts. That skill set maps directly onto construction defect and insurance recovery litigation, where cases often turn on site evidence, expert testimony, and a credible readiness to go to trial. "I've seen firsthand how much is at stake when a building has problems: owners' investments, residents' homes, and everyone's peace of mind," said Kimberlee. "Ball Janik is focused on exactly those clients, which made this a natural next step for my practice. I'm excited to join this team and help property owners hold the responsible parties accountable and get their buildings repaired." Kimberlee earned her J.D., cum laude, from Florida International University College of Law and her B.A. in political science, with a minor in legal studies, from the University of Central Florida. 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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Citadel’s Miami HQ Construction on Hold After Accident, Report Says

October 12, 2026 — Giulia Morpurgo – Bloomberg
Construction work on Citadel’s new headquarters in Miami has been paused following an accident on the site last week, the Wall Street Journal reported. The collapse of a rig on Monday prompted county authorities to issue a stop-work order pending an investigation, according to the newspaper, which cited a local building official. It’s unclear how long the stoppage will last or what caused the accident, the WSJ wrote on Sunday, adding that such probes can take up to six months. Read the full story...
Reprinted courtesy of Giulia Morpurgo, Bloomberg

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GRSM Defeats Class Certification in Precedent-Setting HOA Management Case

September 15, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partners Fletcher Alford and Kevin Liu and Associate Jigar Desai secured a favorable outcome on behalf of an HOA management company in a precedent-setting class action before the U.S. District Court for the Eastern District of California, obtaining denial of the plaintiff’s motion for class certification and dismissal without prejudice of the three claims at issue. The plaintiff alleged that the defendant received earnings credit payments from a bank in exchange for maintaining HOA deposit accounts and failed to disclose the arrangement to its HOA clients. The plaintiff sought more than $40 million in damages, asserting five claims: (1) breach of contract for failing to act in class members’ best interests by not disclosing the alleged earnings credit arrangement; (2) violation of California’s Unfair Competition Law (UCL) based on alleged violations of California Civil Code §§ 5375, 5375.5, and 5380; (3) breach of fiduciary duty based on the alleged undisclosed arrangement; (4) violation of the UCL for unfair business practices arising from the alleged nondisclosure; and (5) unjust enrichment. The plaintiff sought class certification under Federal Rule of Civil Procedure 23(b)(2) and 23(b)(3) only as to its second, third, and fourth causes of action. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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