WEIMAR TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Recovering Attorney’s Fees and Arguing the Fees Are Inextricably Intertwined

December 02, 2025 — David Adelstein - Florida Construction Legal Updates
Attorney’s fees are a big part of any dispute. And the attorney’s fees should be because fees are a factor and can ultimately drive the outcome of a dispute. No one wants to spend $100,000 in fees to recover $100,000, so the conversation regarding attorney’s fees needs to be had early. Generally, a party can recover reasonable attorney’s fees if authorized by contract or by statute. So, there would need to be a prevailing party attorney’s fees provision in a contract, if suing on a contract, or there would need to be a statute authorizing the recovery of attorney’s fees, if suing on a statute. Then, there is authority that the party still needs to prevail on the significant issues in the dispute, as determined by the trial court (or binding arbitrator), in order to be the prevailing party for purposes of attorney’s fees. (Absent that, you are dealing with a proposal for settlement to create a procedural basis to recover fees, which is explained here.) Reasonable attorney’s fees, however, does not mean you will recover 100% of your attorney’s fees. Some percentage will presumably be discounted meaning becoming 100% whole when factoring in attorney’s fees is not always a practical outlook. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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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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Insurer’s Late Notice Argument Fails Due to Lack of Prejudice

December 30, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court refused to dismiss the insured’s claim for hail damage based on late notice because the insurer failed to demonstrate it had suffered prejudice. Borene UMC v. Church Mut. Ins. Co., 2025 U.S. Dist. LEXIS 210767 (W.D. Texas Oct. 27, 2025). Boerne UMC owned multiple buildings that were allegedly damaged during a hailstorm that occurred in May 2021. In August 2022, Boerne hired a contractor to inspect the roofs. The contractor found damage to several roofs and HVAC units and prepared an estimate for repair of over $700,000. Boerne submitted a claim to its insurer, Church Mutual on November 17, 2022. 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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Newmeyer Dillion Announces Jacqueline McCalla as Its Newest Partner

February 02, 2026 — Newmeyer Dillion
NEWPORT BEACH, CALIF. – January 28, 2026 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Walnut Creek attorney Jacqueline McCalla has been elected to partnership. Jacqueline focuses her practice on business and construction litigation. In her practice, Jacqueline takes pride in assisting businesses of all sizes and entrepreneurs in various matters whether it be a pre-litigation matter or in litigation, from case inception through trial. She represents developers, builders, and contractors in complex, multi-party disputes involving a variety of residential, commercial, and mixed-use properties. Jacqueline's practice also includes litigating insurance disputes. Jacqueline leverages her past experience advocating for both carriers and insureds to now help companies better understand their policies and stay protected. "Since joining the firm, Jacqueline has been a thoughtful, hardworking, and solutions-oriented attorney who consistently delivers great results for our clients," said Managing Partner Paul Tetzloff. "It's no surprise that clients value her work and actively seek her out." Jacqueline earned a B.A. in Legal Studies from University of California, Berkeley, and a J.D., from University of San Francisco School of Law, graduating magna cum laude. About Newmeyer Dillion For over 40 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.

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50 State Matrices | 2026 Edition

March 03, 2026 — Gordon Rees Scully Mansukhani
GRSM’s 50 State Legal Matrices provide a comprehensive, state-by-state snapshot of statutory law across all 50 U.S. states. Spanning critical areas such as indemnification, contractor licensing, labor standards, statute of limitations, and more, this resource enables businesses and counsel to quickly identify key legal requirements and variations across jurisdictions. Designed as a practical starting point rather than definitive legal advice, the Matrices help multi-state operators and attorneys navigate the complex patchwork of laws that can vary dramatically from one state to another. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Outer Banks Homes Collapsing Is Just a Taste of What’s to Come

December 22, 2025 — Mark Gongloff - Bloomberg
On Sept. 20, 2024, a four-bedroom, three-bathroom beach house in Buxton, North Carolina, in the heart of the Outer Banks, sold for $580,000. On Oct. 28 this year, the house, known as Mermaid’s Rest, collapsed into the ocean. It was one of five homes swallowed that day by high waves churned up by an offshore storm. Few things demonstrate how climate change is already upending lives and fortunes quite like watching somebody’s stately vacation home topple into the drink. But Outer Banks houses like Mermaid’s Rest (a striking example first dug up by the New York Times but just one of many such cases), are mere showroom models for the havoc that rising seas are already threatening. First, let’s get one caveat out of the way: Barrier islands like the Outer Banks are always changing shape, regardless of the climate. Homes built on the shores of such islands have always been at risk of eventually sliding off the edge like a quarter in one of those coin-pusher arcade games. Read the full story...
Reprinted courtesy of Mark Gongloff, Bloomberg

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Ninth Circuit Holds That Policies Covering Environmental Claims Do Not Have Aggregate Limits

May 12, 2026 — Lorelie S. Masters & Joseph T. Niczky - Hunton Insurance Recovery Blog
In the case of County of San Bernardino v. Insurance Company of the State of Pennsylvania, the Ninth Circuit recently addressed the issue of whether general liability policies issued in the 1960s and 1970s included aggregate limits for claims arising under the premises-operations coverage in CGL policies. The difference between the policyholder’s interpretation of the policies’ limits clauses and the insurer’s interpretation was worth hundreds of millions of dollars in exposure for the insurer. The Court closely examined the policy language and extrinsic evidence from both the insurance industry’s drafting history and the parties before concluding that the policies were ambiguous. The Court construed that ambiguity in favor of the policyholder and ruled that aggregate limits did not apply to the claims at issue. The Court’s decision underscores the importance of carefully examining a policy’s limits, especially for older policies written before 1986 when the insurance industry revised the standard-form CGL policy to state the aggregate limits apply not only to products liability claims but to premises-operations claims as well. Decades of insurance industry drafting history confirms, as the policyholder’s submissions in this case indicate, that the industry well understood that operations claims like the environmental waste-disposal claims at issue here typically were not subject to aggregate limits. Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth LLP and Joseph T. Niczky, Hunton Andrews Kurth LLP Ms. Masters may be contacted at lmasters@hunton.com Mr. Niczky may be contacted at jniczky@hunton.com Read the full story...

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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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