SMITH COUNTY TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

The Seventh Circuit Rejects Navigators Insurance Company’s Attempt to Escape Additional Insured Coverage For a Gas Explosion

March 24, 2026 — Kyle A. Rudolph & Anna M. Perry - Saxe Doernberger & Vita, P.C.
In a recent Seventh Circuit decision, Atlanta Gas Light Company v. Navigators Insurance Company, the court addressed a theme that policyholders are often confronted with by insurers[1] – insurers disputing additional insured coverage where the named insured is not named in the underlying action. The court aptly rejected this position since it was undisputed that the bodily injuries alleged in the underlying lawsuits were due to a gas explosion that was “caused, in whole or in part, by” the named insured’s acts or omissions. I. Background The additional insureds, Atlanta Gas Light Company and Southern Company Gas (collectively, “AGL”), retained the named insured, United States Infrastructure Corporation (“USIC”), to locate and mark gas lines that AGL owned in Georgia. USIC failed to mark a certain gas line, which was later struck by a boring company, leading to an explosion that injured three people. Reprinted courtesy of Kyle A. Rudolph, Saxe Doernberger & Vita, P.C. and Anna M. Perry, Saxe Doernberger & Vita, P.C. Mr. Rudolph may be contacted at KRudolph@sdvlaw.com Ms. Perry may be contacted at APerry@sdvlaw.com Read the full story...

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Protect Your Projects By Identifying and Controlling Hidden Contract Risks

March 10, 2026 — Larry Borda & Daniel Lund III - JD Supra
In a recent webinar entitled “Spreading the Risk and Avoiding Killer Contract Clauses,” Phelps lawyers Daniel Lund and Larry Borda examined contractual provisions that most often expose construction professionals to unexpected financial and legal risk. While construction contracts may appear routine, each contract serves as the primary mechanism for managing, allocating, and mitigating risk among parties involved in complex projects—often valued in the hundreds of millions or billions of dollars. When parties fail to fully understand the terms they sign, costly and avoidable consequences frequently follow. Contracts as Risk-Transfer Instruments Construction contracts are the primary method for transferring risk. While contracts authorize work and define scope, they also allocate responsibility for the risks inherent in construction projects. Some may imagine a world where a one-page agreement and a set of plans would suffice. In reality, modern construction requires detailed agreements—particularly provisions designed to anticipate problems, distribute burdens and reduce disputes. Reprinted courtesy of Larry Borda, Phelps and Daniel Lund III, Phelps Mr. Borda may be contacted at larry.borda@phelps.com Mr. Lund may be contacted at daniel.lund@phelps.com Read the full story...

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Navigating Timelines and Technology: Patent Strategies for Space and Earth

June 01, 2026 — Kate Nuehring Su & Vanessa Wang - Engineering News-Record
More than half a century after the Apollo 11 landing fulfilled President John F. Kennedy’s bold vision, the global race back to the Moon is no longer theoretical. With renewed attention on NASA’s Artemis program and a surge of commercial investment in space infrastructure, lunar exploration is again shaping technology priorities here on Earth. Reprinted courtesy of Kate Nuehring Su, Engineering News-Record and Vanessa Wang, Engineering News-Record Read the full story...
ENR may be contacted at enr@enr.com

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Micromobility in Smart Cities: Keeping the Wheels in Motion

May 26, 2026 — James P. Bobotek - Gravel2Gavel Construction & Real Estate Law Blog
Mobility is the lifeblood of any city. How people are able to travel in, out and within a metropolitan area is vital to its citizens, businesses, supply chains and social services. And as U.S. cities have expanded in size and population density, the strategies for addressing mobility have evolved. Many have taken different approaches to public transit, and each city boasts a dense tapestry of roadways, walking paths and various parking options. But as cities continue to reexamine infrastructure strategies through smart city technology, a new field of transportation has emerged—micromobility. Designed for short-distance travel using lightweight vehicles (bikes, e-bikes, e-scooters, etc.), the industry’s global net worth has grown exponentially in recent years to the tune of hundreds of billions, with one forecast predicting it could reach $340 billion by 2030. Micromobility also finds itself at the forefront of various smart city technological improvements. Geofencing has been implemented in U.S. cities to determine where micromobility vehicles can operate, control speed limits, and park utilizing the vehicles’ GPS location. Internet of Things (IoT) technologies (satellite-based location receivers, cloud communication, internet links, etc.) have improved vehicle lifespans by keeping track of when vehicles require service and prevent vandalism and theft. Data collected from vehicles’ location tracking is routinely used for urban planning and smart city development. Read the full story...
Reprinted courtesy of James P. Bobotek, Pillsbury
Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com

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Why Travelers Fought a Fire Claim for Invisible Smoke Damage

February 23, 2026 — Elaine Silver - Engineering News-Record
Just 40 minutes after midnight on Sept. 27, 2018, the sky lit up over Birmingham, Ala. A fire engulfed an apartment building under construction—the last-to-be completed section of a wood-framed complex called the Metropolitan. It fueled one of the largest recorded blazes in the city’s history. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record
ENR may be contacted at enr@enr.com

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Tariffs As Taxes — What Learning Resources, Inc. v. Trump Means for Contractors and the WSDOT Specifications

March 17, 2026 — Brett M. Hill - Ahlers Cressman & Sleight PLLC
In October 2025, we explored a pressing question for public works contractors: should post-contract award tariffs be reimbursable? The crux of that analysis was whether tariffs imposed after contract award constitute a tax under the Washington State Department of Transportation (WSDOT) Standard Specifications, triggering reimbursement under Section 1-07.1(5)B (“tax changes”). Since then, a landmark Supreme Court ruling in Learning Resources, Inc. v. Trump has clarified the legal nature of tariffs in a way that could significantly affect this debate. In Learning Resources, Inc. v. Trump, 607 U.S. (2026), the U.S. Supreme Court addressed whether the President had the authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose broad tariffs on imports. Read the full story...
Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
Mr. Hill may be contacted at brett.hill@acslawyers.com

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Louisiana Enacts Important Tort Reform Legislation

May 12, 2026 — Lee M. Peacocke & Benjamin Perkins - Lewis Brisbois
The Louisiana legislature enacted tort reform legislation in 2025 to address the increasing cost of insurance in Louisiana and to provide some predictability to the Louisiana legal system. While our colleagues, Jenny Michel and Jennifer Kretschmann, have provided an excellent and comprehensive analysis of the legislation in their article entitled “Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill,” which can be found here, this article examines the anticipated impact of the tort reform legislation on personal injury trials in federal and state courts in Louisiana. The most significant reform involves the institution of a modified defense of contributory negligence, which went into effect on January 1, 2026. Since 1996, Louisiana had operated as a pure comparative fault state; the liability of each party whose fault caused damages was to be allocated among the respective parties based upon their appropriate percentage of fault, regardless of the legal theory of liability asserted against each party. Thus, a plaintiff 55 percent at fault could recover 45 percent of their damages from the liable defendants. The 2025 Tort Reform Amendments now prohibit a plaintiff in a personal injury action from recovering any damages if they are found to be 51 percent or more at fault for their damages. The 55 percent at-fault party in the example above is now prohibited from recovering any damages from any party. Importantly, this new legislation now requires the trial court to instruct the jury that if they find a plaintiff to be more than 50 percent at fault, then the plaintiff will not recover any damages. Reprinted courtesy of Lee M. Peacocke, Lewis Brisbois and Benjamin Perkins, Lewis Brisbois Mr. Peacocke may be contacted at Lee.Peacocke@lewisbrisbois.com Mr. Perkins may be contacted at Benjamin.Perkins@lewisbrisbois.com Read the full story...

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Pulling the Plug, Preserving the Product: Protecting Rights to a Modular Subcontractor’s Work Post-Termination

June 08, 2026 — Paul Williamson - ConsensusDocs
Volumetric Modular Construction (VMC) is a building method where a structure is divided into large components or modules, fabricated in an offsite factory and then transported to a construction site for assembly.[1] Proponents of VMC hail it as a cost-efficient alternative to traditional building methods that leads to more consistent quality and shorter construction duration.[2] Due to a growing labor shortage, high demand for compressed project schedules, and stagnant construction productivity rates, the construction industry is embracing VMC.[3] A recent report on the market size of prefabricated construction estimates that from 2026 to 2031, VMC will grow at a compound annual growth rate of 7.16% and become a 413.11-billion-dollar industry.[4] As VMC becomes more prevalent, owners, general contractors, and subcontractors must consider how to effectively contract for modular construction. One important consideration, which this article focuses on, is navigating termination of a modular subcontractor. Read the full story...
Reprinted courtesy of Paul Williamson, Peckar & Abramson, P.C.
Mr. Williamson may be contacted at pwilliamson@pecklaw.com

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