WELLINGTON TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Cuomo Bridge Lawsuit Adversaries Weigh Mediated Settlement

July 06, 2026 — Richard Korman - Engineering News-Record
Rival legal teams have reached a critical juncture as they consider a mediated settlement in one of two major payment lawsuits pending between a design-build contracting team and the New York State Thruway Authority over construction of the more than $3-billion Mario M. Cuomo Bridge north of New York City. 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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Sausage-Making Often Relies on the Good Sense of the Chef Rather than the Recipe

June 23, 2026 — Garret D. Murai - California Construction Law Blog
Even for lawyers, the rules governing litigation can get complex and convoluted. Does something need to be filed? What needs to be filed? When is the deadline for filing? Simple questions with not always with straightforward answers. This was the case in R & J Sheet Metal, Inc. v. W.E. O’Neil Construction Co. of California, 111 Cal.App.5th 878 (2025), which involved sheet metal panels lost when they fell into the Port of Long Beach harbor. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Ahlers Cressman & Sleight PLLC Recognized by Best Lawyers 2027

September 28, 2026 — Ahlers Cressman & Sleight PLLC
Continuing the trend from last year, Ahlers Cressman & Sleight PLLC is excited to announce that thirteen members of our firm have received recognition from Best Lawyers® in America for 2027. The Best Lawyers in America® has been an annual publication since 1983 and focuses on the top legal talent across the United States and the globe. Through its rankings, Best Lawyers® provides a comprehensive guide to legal representation for individuals and businesses alike. Over time, Best Lawyers® has been recognized as one of the leading publications for attorney achievements and references. Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

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That’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement Unenforceable

May 14, 2026 — Gus Sara - The Subrogation Strategist
In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of Service.” Duffy did not have to open the link or scroll to the bottom of the agreement before being able to click on the checkmark box. The Terms of Service included an arbitration provision requiring that any dispute related to the moving services to be resolved by arbitration in accordance with the American Arbitration Association. The Terms of Service did not include any statement that the user was waiving the right to a jury trial. The Superior Court found the internet Terms of Service unenforceable. During the moving process, an accident occurred and injured Duffy. In May 2024, Duffy and his wife sued Dolly and other related entities alleging negligence and loss of consortium. Dolly filed preliminary objections alleging that the parties agreed to alternative dispute resolution. The lower court overruled the preliminary objections, finding that Dolly’s website did not provide reasonably obvious notice of its Terms of Service to Duffy and, as such, Duffy never agreed to waive his constructional right to a jury trial. Dolly filed an appeal to the Superior Court. Read the full story...
Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

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HHMR Attorneys Steve Heisdorffer and Dave McLain Named to 2026 Super Lawyers List

April 08, 2026 — Higgins, Hopkins, McLain & Roswell, LLC
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce that Steve Heisdorffer and Dave McLain have been selected to the 2026 Colorado Super Lawyers list for construction litigation. Mr. Heisdorffer has been consistently recognized in recent years for his work in construction litigation and related business disputes. Mr. McLain has been recognized by Super Lawyers each year from 2020 through 2026, following his earlier inclusion on the Rising Stars list from 2009 through 2012. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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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 Team Obtains Defense Verdict for Homeowners’ Association in Orange County Superior Court

July 20, 2026 — Gordon Rees Scully Mansukhani
A Gordon Rees Scully Mansukhani multi-state team, including Partners Christine Barker, Sean Ferron, and Keith Cramer, obtained a defense verdict on behalf of a homeowners’ association (HOA) in an Orange County Superior Court bench trial spanning two months. The case began in 2022 when a homeowner sued after the Architectural Review Committee and HOA Board of Directors declined his teardown-and-rebuild plans due to view and aesthetic concerns. After a motion for summary judgment ruling in which the court found that the existing covenants, conditions, and restrictions (CC&Rs) did not protect views, the HOA held a special election to add explicit view protections to the CC&Rs. At the February 2025 trial call, the plaintiff sought leave to file a third amended complaint challenging the validity of that vote, drastically reframing the case from CC&R enforcement to one of election validity. A second plaintiff then filed a parallel action toward the end of the limitations period, and the two cases were consolidated. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Building in Arizona’s Data Center Boom: How Federal Executive Orders, State Regulation, and National-Security Policy Are Reshaping the Rules for Developers

June 02, 2026 — Ryan J. Regula - Snell & Wilmer
Developers and practitioners evaluating data center projects in Arizona face a regulatory environment shifting on three fronts simultaneously. Federal executive orders are opening new land, streamlining permitting, and channeling financial incentives toward qualifying projects — but they are not preempting the state and local rules that most directly affect project economics. A carve-out in the December 2025 Artificial Intelligence (AI) Framework Executive Order preserves Arizona’s authority over data center infrastructure, meaning the Arizona Corporation Commission’s (ACC) rate-classification docket, municipal zoning restrictions, water-use ordinances, and pending grid cost-allocation legislation remain the binding constraints on project feasibility. Understanding where federal tailwinds end and state and local headwinds begin is essential for any developer sizing risk or selecting sites in the state. The Federal Landscape: An Interlocking Framework of Executive Orders Five interlocking executive orders are accelerating data center development nationally, but none overrides Arizona’s authority over siting energy, or infrastructure. Read the full story...
Reprinted courtesy of Ryan J. Regula, Snell & Wilmer
Mr. Regula may be contacted at rregula@swlaw.com

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