Bluebell Utah Construction Expert Witness Directory

HHMR and Every One of its Partners Recognized by Legal 500 in Denver Elite – Real Estate

April 20, 2026 — David McLain - Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce its recognition as a Tier 1 firm in the Denver Elite rankings for Real Estate, a category that includes construction law and construction litigation, by The Legal 500. In addition, each of the firm’s partners has been individually recognized in the same rankings. The firm’s individual recognitions include:

David M. McLain — Tier 1
Ricky L. Nolen, Jr. — Tier 2
Lisa Bondy Dunn — Tier 3

Read the full story...
Reprin

Labor Shortages in Construction: Managing Legal and Operational Risks

April 14, 2026 — Meghan Douris - Construction Executive
Labor shortages in the construction industry have become more than a scheduling headache—they are a legal and financial r

Exclusion Bars Coverage For Cosmetic Hail Damage to Roof

January 13, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer’s motion for summary judgment, finding there was no coverage for hail damage due to an exclusion for cosmetic hail damage. Cannon Falls Area Schools v Hanover Am. Ins. Co., 2025 U.S. Dist. LEXIS 206792 (D. Minn. Oct. 21, 2025). On April 22, 2022, a hailstorm and high winds damaged the insured School’s buildings. The School’s buildings had metal roofs. The parties agreed that the hailstorm caused indentations to the roofs, but did not puncture the metal on the roofs. Since the storm, the roofs had not leaked. The School submitted a claim for property damage to its insurer, Hanover. A portion of the claim for damage to the HVAC equipment was paid. The remainder of the claim was denied based on the policy’s Cosmetic Damage Exclusion which excluded coverage for cosmetic damage to roof surfacing caused by wind or hail. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Document Everything! Always! No Exceptions! (AKA, Help Your Lawyer Help You!)

April 14, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
I had a case last year in which once again I found myself thinking: if only my client had better documented the verbal agreements, we would have had a much easier time defending his work. I know this is often easier said than done— you are in the middle of building a project, and you get a call, and you need to keep the project moving. No time for written change directives or a special bulletin. And yet—it is simply amazing to me the number of people who develop “litigation amnesia” about things when a lawsuit is involved. Your documentation system does not need to be perfect. You can use a simple Field notebook and handwritten notations. A text memo to yourself or, better yet, an email confirmation to the owner/contractor/whoever. Read the full story.

Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra Win Motion for Summary Judgment

January 21, 2026 — Traub Lieberman
Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra recently won a motion for summary judgment in favor of an insurer in a matter brought before the United States District Court for the Southern District of Florida. In the underlying lawsuit, the insured, a property management company, was being sued in a wrongful death action arising from a shooting that occurred in the common area of a multi-f

AIA Waivers Under Fire: Why Post-Completion Losses May Still Be Actionable

January 26, 2026 — Lian Skaf - The Subrogation Strategist
On its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get started. One question courts have long battled with is the limits to the lasting effects of such a waiver. Whether the waiver power can be transferred amongst parties, applied to third parties or used with policies taken out after construction completion are among the few grey areas that have kept subrogation practitioners and the courts busy. Recently, a federal court in Idaho clarified its position on the power to waive subrogation. In Seneca Ins. Co. v. McAlvain Constr., Inc., No. 1:24-cv-00340-BLW, 2025 U.S. Dist. LEXIS 251777 (D. Idaho), the United States District Court for the District of Idaho (District

Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026). Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds. Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28,

Payne & Fears Recognized by Best Lawyers in 2026 Best Law Firms®

December 02, 2025 — Payne & Fears LLP
Payne & Fears LLP has been recognized in the 2026 edition of Best Lawyers® “Best Law Firms.” This distinction reflects the firm’s commitment to professional excellence and its strong reputation among clients and peers in the legal community. Payne & Fears has been ranked in the following practice areas: Metropolitan Tier 1 Orange County

Commercial Litigation
Employment Law - Management
Insurance Law
Labor Law - Management
Litigation - Labor and Employment
Litigation - Real Estate

Insurer’s Federal Suit Dismissed in Favor of Insured’s State SuitApril 14, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insured’s motion to dismiss the insurer’s federal suit for declaratory judgment because the insured filed a more complete action in state court. Church Mut. Ins. Co. v. Elmwood Baptist Church, 2025 U.S. Dist. LEXIS 259762 (S.D. W.V. Dec. 16, 2025). Elmwood purchased a property policy from Church Mutual Insurance Company. After the roof of Elmwood’s property collapsed, the parties disputed the amount Church Mutual owed to Elmwood. Church Mutual filed suit in federal district court asking for a declaration that the policy was “void ab initio,’ or, alternatively, that Church had fully compensated Elmwood for its loss. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

How to Properly Fill Out and Use the Unconditional Waiver and Release on Progress Payment Form Used in California Construction

December 22, 2025 — William L. Porter - Porter Law Group
This is the Second article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the fi
Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa

Environmental Law Violations: When you Should Hire a Lawyer

Insured's Claim for Replacement Cost Denied

Unintended Consequences of New Building Products and Services

Congratulations to Arezoo Jamshidi & Michael Parme Selected to the 2022 San Diego Super Lawyers Rising Stars List

New York Court Finds Insurers
Wilke Fleury Attorneys Awarded Sacramento Business Journal’s Best of the Bar

Las Vegas Student Housing Developer Will Name Replacement Contractor

CDJ’s Year-End Review: The Top 10 CD Topics of 2014

Judgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is Void

Mitigating FCRA Risk Through Insurance

Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies

New York Appellate Team Obtains Affirmance of Dismissal of Would-Be Labor Law Action Against Municipal Entities

Even with LEED, Clear Specifications and Proper Documentation are Necessary

Beth Cook Expands Insurance Litigation Team at Payne & Fears

Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

Consequential vs. Direct Damages and Waiver of Consequential Damages

Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

On the Ten Year Anniversary of the JOBS Act A Look-Back at the Development of Crowdfunding

New Florida Bill Shortens Time for Construction-Defect Lawsuits

Flooded Courtroom May be Due to Construction Defect

Additional Insured Not Entitled to Coverage for Post-Completion Defects

Order for Appraisal Affirmed After Insureds Comply with Post-Loss Obligations

ACS Obtains Overwhelming Jury Trial Victory for General Contractor Client

North Carolina Weakened Its Building Codes in 2013

A Discussion on Home Affordability

San Francisco Office Secures Defense Verdict in Legal Malpractice Action

Retaining Wall Contractor Not Responsible for Building Damage

Industry Groups Decry Jan. 6 Riot; DOT Chief Chao Steps Down in Protest

AB5, Dynamex, the ABC Standard, and their Effects on the Construction Industry

New Stormwater Climate Change Tool

Court Finds Duty To Defend Environmental Claim, But Defense Limited to $100,000

Gloria Gaynor Sues Contractor over Defective Deck Construction

Adobe Opens New Office Tower and Pledges No Companywide Layoffs in 2023

Couple Sues Attorney over Construction Defect Case, Loses

Another Las Vegas Tower at the Center of Construction Defect Claims

Chambers USA 2019 Ranks White and Williams as a Leading Law Firm

Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy Period

Suing A Payment Bond Surety in Different Venue Than Set Forth in The Subcontract

Thomson Reuters Construction Law (Virginia Practice Series)

Subcontractor Allowed to Sue Designer for Negligence: California Courts Chip Away at the Economic Loss Doctrine (Independent Duty Rule)

Miller Wagers Gundlach’s Bearish Housing Position Loses

Continuous Injury Trigger Applied to Property Loss

Expert's Opinions On Causation Leads Way To Summary Judgment For Insurer

Court Finds No Coverage for Workplace “Prank” With Nail Gun

Construction Law Client Alert: Hirer Beware - When Exercising Control Over a Job Site’s Safety Conditions, You May be Held Directly Liable for an Independent Contractor’s Injury

Transplants Send Nashville Home Market Upwards

The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

Virtual Reality for Construction

Navigating D&O Coverage for Cyber Fraud: Lessons from Alaska

Women Make Slow Entry into Building Trades

Used French Fry Oil Fuels London Offices as Buildings Go Green

Contractor Underpaid Workers, Pocketed the Difference

No Coverage for Faulty Installation of Windows

New York Court Rejects Owner’s Bid for Additional Insured Coverage

BLUEBELL UTAH CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES