Cheriton Virginia Construction Expert Witness Directory

Insurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm

May 26, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026). The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for roof damage and various interior damage to property. The insureds also argued that Westchester’s actual cash value (ACV) payment did not reflect the fully insured loss. The insureds sued and Westchester moved for summary judgment. Westchester argued the roof damage was not covered because Hurricane Ian did not cause the damage. Westchester hired an engineer who determined the roof damage was not caused by wind from Hurricane Ian. Westchester pointed out that the insureds’ expert also found no wind damage on the roof. The insureds offered no other evidence suggesting the hurricane caused roof damage. Therefore, the insureds could not show that Westchester breached the policy by denying coverage. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Global Insights Center: Monthly Newsletter

June 15, 2026 — Global Insights Center Staff - The Hartford
May in Review Last month, inflation moved higher, with Consumer Price Index (CPI) inflation rising to 3.8% year over year, up from 3.3% the prior month. The increase was driven primarily by energy prices, particularly gasoline, reflecting ongoing disruptions tied to the Middle East conflict. Labor market data were broadly stable. The unemployment rate remained unchanged at 4.3%, wage growth increased modestly to 3.6%, while job growth continued to be geographically concentrated in the Southern states, particularly cities in Texas. On an occupational basis, healthcare once again led job gains, especially in home health services, a trend we have consistently highlighted. Business formations increased during the month, with notable strength in e commerce and digital services firms. Manufacturing activity also improved, particularly in semiconductors, IT equipment, and natural gas–related energy infrastructure. Read the full story...
Reprinted courtesy of Global Insights Center Staff, The Hartford

Court Compels Appraisal Although Coverage Issues Exist

February 17, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The California federal district court granted the insured’s motion to compel appraisal despite the existence of outstanding coverage issues. K4 Dev. LLC v. ACE Am. Ins. Co., et al., 2025 U.S. Dist. LEXIS 211337 (C.D. Cal. Oct. 6. 2025). The insured owned hotel property. It was insured by ACE while the hotel was under construction. During construction, the hotel suffered rainwater damage due to incomplete roofing systems. The water damaged the interior finishes and furnishings from the 6th floor down to the basement, including 32 guestrooms. The insured’s experts determined that the covered water losses delayed the hotel’s opening by 144 days. The insured submitted a claim for the water damage, covered claim expenses, and delay in opening losses. ACE denied the claim for delay in opening losses, stating that its expert determined the Water Events did not delay the hotel’s opening. ACE, however, did pay for the repair damage caused by the Water Events. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

February 23, 2026 — Lewis Brisbois Newsroom
Fort Lauderdale associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case. This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense. Read the full story...
Reprinted courtesy of Lewis Brisbois

New Report Outlines Roadmap for Construction Jobsites to Cut Carbon Emissions by 2040

April 20, 2026 — PCL Construction
Denver, Colo., April 16, 2026 (GLOBE NEWSWIRE) -- A new industry report outlines five practical steps that, when implemented together, could reduce construction jobsite emissions by up to 75% without compromising cost, schedule or performance. Grounded in real operational data from 617 construction projects across the U.S. and Canada, Growing and Greening Canadian Construction represents the most comprehensive sector-wide analysis of jobsite emissions conducted to date. The report was developed through a collaboration among leading general contractors, including PCL Construction, in partnership with the Transition Accelerator, an organization that drives projects, partnerships, and strategies to promote economic competitiveness in a carbon‑neutral world. The report focuses specifically on emissions from construction jobsite activities and reflects a shared commitment to advancing practical, scalable solutions for the industry. About PCL Construction PCL is a group of independent construction companies that operates throughout the United States, Canada, the Caribbean and Australia. As one of the largest contracting organizations in North America, PCL completes more than $9.9 billion USD in work annually, building projects that shape communities. The company’s 100% employee ownership model fuels a culture of commitment for clients in the buildings, civil infrastructure, heavy industrial and solar markets. With a strategic presence in more than 30 major centers, PCL’s leadership teams consistently drive innovation and set new benchmarks for excellence, bringing unparalleled skill to every project. Watch us build at PCL.com. About the Transition Accelerator The Transition Accelerator works with 300+ partner organizations across Canada to build out pathways to a prosperous low-carbon economy and avoid costly dead-ends along the way. We help governments and industry harness the global shift towards clean growth to secure permanent jobs, abundant energy, and strong regional economies across the country. By connecting systems-level thinking with real-world analysis, we’re enabling a more affordable, competitive, and resilient future. Read the full story...

Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation

February 23, 2026 — Ryan C. Brooks & Keith G. Salhab - Wood Smith Henning & Berman LLP
The case of Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc. represents a quiet but significant correction in Florida construction law litigation. The Florida Third District Court of Appeal granted a petition for writ of certiorari and quashed a trial court order that denied a contractor's motion to stay litigation under Chapter 558, Florida Statutes. Though procedurally narrow, the ruling reflects an increasingly assertive appellate stance. Chapter 558's pre-suit notice and right-to-repair process is mandatory, jurisdictional in effect, and not subject to dilution by trial-level discretion. At its core, the opinion reinforces a foundational principle. Florida intends for construction defect disputes to be managed, investigated, and often resolved before they reach a courtroom. The Third DCA's insistence on strict statutory compliance signals to trial courts, and to the plaintiffs' bar, that procedural shortcuts will not be tolerated. Reprinted courtesy of Ryan C. Brooks, Wood Smith Henning & Berman LLP and Keith G. Salhab, Wood Smith Henning & Berman LLP Mr. Brooks may be contacted at rbrooks@wshblaw.com Mr. Salhab may be contacted at ksalhab@wshblaw.com Read the full story...

Kahana Feld Announces Key Partner Additions Coast to Coast

June 22, 2026 — Kahana Feld
IRVINE, CA – June 10, 2026 – Kahana Feld is pleased to announce Yvette Davis, Evan Kalooky, Beth Obra-White, Sean Paden, Michael Parme, Jeffrey Schmid, and Julieanne Yanez have joined the firm as partners. Four of these partners are joining the San Diego office, which further strengthens the firm’s General Liability and Construction Litigation practices and enhances Kahana Feld’s ability to serve clients across a broad range of complex matters in the region. Read the full story...
Reprinted courtesy of Kahana Feld

Steel Cooling: Steel Costs Steadily Decline After Pandemic Price Shock

May 12, 2026 — Construction Executive
Steel prices have continued trending downward after several years of volatility, according to Gordian’s latest analysis based on RSMeans Data. After dramatic spikes during the pandemic-era supply disruptions, the market has gradually stabilized as supply chains improve and demand softens in some construction segments. However, selective volatility and tariff uncertainty continue to influence pricing across the sector. Key findings from the report include:

Steel prices declining: The national average price of structural steel fell to about $2,343.93 per ton in January 2026, down 5.38% from the previous quarter and 7.18% year over year.
Longer-term price correction: Steel costs have been trending downward since 2024 after earlier volatility driven by inflation, supply shortages and global demand swings.

CHERITON VIRGINIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES