Eden Vermont Construction Expert Witness Directory

Two Snell & Wilmer Attorneys Selected as 2026 San Diego Super Lawyers Rising Stars

May 14, 2026 — Snell & Wilmer
SAN DIEGO – Snell & Wilmer is pleased to announce that two attorneys in the San Diego office have been selected for inclusion in the 2026 San Diego Super Lawyers Rising Stars publication. Rising Stars is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. To be eligible for inclusion, a candidate must be either 40 years old or younger or in practice for 10 years or less. The selection process is multi-phased and includes independent research and peer nominations, with no more than 2.5 percent of the lawyers in the state named to the Rising Stars list. Read the full story...
Reprinted courtesy of Snell & Wilmer

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 risk multiplier. As contractors scramble to meet deadlines with limited manpower, shortcuts in compliance, safety and subcontractor oversight become more likely. These gaps can expose companies to regulatory penalties, contractual disputes and reputational damage. Understanding how workforce constraints intersect with labor laws and contractual obligations is critical to mitigating the risks and navigating these challenges without compromising compliance or project integrity. The construction industry has faced persistent workforce challenges for years, but recent trends have intensified the problem. Factors such as an aging workforce, reduced immigration and post-pandemic recovery pressures have left contractors struggling to find skilled labor. According to Associated Builders and Contractors, the construction workforce shortage surpassed half a million workers in 2024; in the same year, Associated General Contractors reported 88% of construction companies had difficulty finding qualified workers. Reprinted courtesy of Meghan Douris, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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...

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

New York Moves to Tighten Third-Party Practice: Key Changes to CPLR 1007

March 31, 2026 — Sophia L. Cahill - Sheppard
Effective April 18, 2026, the New York Legislature enacted the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act, amending CPLR 1007—the statute that governs third-party practice. The amendment sharply limits when and how defendants can commence third-party actions, curbing the expansive discretion they previously enjoyed and targeting the late-stage impleaders that often upend case schedules. What Changes Before the AVOID Act was signed into law on December 19, 2025 (and subsequently modified by Chapter Amendments A9502 and S8809, signed by Governor Hochul on February 13, 2026[1]), CPLR 1007 gave defendants broad latitude to implead “any person who is or may be liable” for all or part of the plaintiff’s claim. CPLR 1007 specified no outside time limit for the initiation of a third-party claim; courts assessed only whether a defendant’s delay was undue—such as impleading months after the note of issue—and whether the plaintiff would suffer prejudice if the third-party action were not severed. Read the full story...
Reprinted courtesy of Sophia L. Cahill, Sheppard
Ms. Cahill may be contacted at scahill@sheppard.com

Inaccurate Representations Can Lead to Differing Site Conditions Claim

May 26, 2026 — David Adelstein - Florida Construction Legal Updates
In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor. Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978). The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Thank You All for 10 Years Straight of VA Super Lawyers

May 05, 2026 — Christopher G. Hill - Construction Law Musings
It is with humility and a sense of accomplishment that I announce that I have been selected for the tenth straight year to the Virginia Super Lawyers in the Construction Litigation category for 2026. Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year. As always, I am thrilled to be included on these peer-elected lists. Your confidence in my work is very gratifying. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2026. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Damage from Frozen Pipes Excluded from Coverage

March 31, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025). Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property when the plumbing eventually expanded and burst. State Farm sent an inspector. During the inspection, Barona stated that he turned off the heat to his building but did not shut off the water supply or drain the pipes. State Farm denied covered based on the policy’s exclusion for frozen plumbing. 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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