Dry Fork Virginia Construction Expert Witness Directory

Oracle's $16B Michigan Data Center Secures Financing as Power Contracts Face Appeals

June 08, 2026 — Bryan Gottlieb - Engineering News-Record
A $16 billion hyperscale data center under construction outside Ann Arbor, Mich., has secured financing backed by Blackstone and other institutional investors, even as the project's power supply agreements now face a legal challenge before the Michigan Court of Appeals. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

Colorado Supreme Court Reverses Course on Public Project Liens: Key Takeaways From Wadsworth v. Regional Rail Partners

July 27, 2026 — Amanda E. McKinlay - Snell & Wilmer
On April 6, 2026, the Colorado Supreme Court issued a unanimous opinion in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, 2026 CO 19, reversing the Colorado Court of Appeals and providing much-needed clarity regarding verified statements of claim (VSOCs) under the Colorado Public Works Act, C.R.S. §§ 38-26-101 et seq. The decision resolves two issues that have generated significant concern among construction industry professionals since the Court of Appeals issued its opinion on August 1, 2024. Under C.R.S. § 38-26-107(1), a subcontractor on a public works project may file a VSOC with the contracting public entity for amounts due and unpaid for “…furnished labor, materials, sustenance, or other supplies used or consumed by a contractor or his or her subcontractor in or about the performance of the work contracted to be done or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the work….” If a claimant files a VSOC for “an amount greater than the amount due” without a reasonable possibility that the amount is due and with knowledge that the claim is excessive, the claimant “shall forfeit all rights to the amount claimed” and becomes liable for the opposing party’s costs and attorneys’ fees. C.R.S. § 38-26-110. Read the full story...
Reprinted courtesy of Amanda E. McKinlay, Snell & Wilmer
Ms. McKinlay may be contacted at amckinlay@swlaw.com

We Won’t Permit That Excuse!

June 23, 2026 — Curt Martin & Richard Eiszner - ConsensusDocs
A Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project. That caught our attention. Can you build a commercial project without a permit? But as we read the case, we see the court’s reasoning. And it reminds us of an important legal principle that should inform our contract drafting and negotiation. The case was a civil suit brought by the project owner against its tenant improvement contractor for work on a medical spa. The owner claimed that the contractor didn’t perform the work properly and didn’t finish construction. The contractor argued that delays and problems were caused by the owner, alleging numerous failures, including the owner’s failure to secure a building permit. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Richard Eiszner, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Eiszner may be contacted at reiszner@pecklaw.com Read the full story...

Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects

March 24, 2026 — Chad Theriot & Jack Mayo - Construction Executive
Modular construction is revolutionizing the construction industry, tackling labor shortages, sustainability goals and supply-chain challenges, with the global market for modular and prefabricated construction projected to reach over $200 billion by 2030. While residential builders have embraced modular’s speed and affordability, the greatest risks—and opportunities—are emerging in the industrial sector, where project scale and complexity demand new legal strategies. In 2023, Chad Theriot explored industrial and infrastructure applications of modular construction, addressing risks like offsite fabrication and integration complexities in his article, “The Rise of Modular Construction—Impacts for Consideration.” Since that time, modular construction has continued to experience significant advancements and has been increasingly adopted by contractors across a broad spectrum of industrial and commercial projects. As modular construction continues to reshape the industrial landscape, contractors and owners alike must be mindful of the legal implications associated with its use, specifically as it relates to liability and risk allocation, regulatory compliance, quality control and upstream factors such as transportation and intellectual property concerns. Reprinted courtesy of Chad Theriot and Jack Mayo, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Additional Insureds Owed a Defense in Underlying Personal Injury Suit

March 03, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court granted partial summary judgment on the duty to defend to two additional insureds who were named as defendants in the underlying personal injury suit. In re Third St. Equity, LLC, 2025 U.S. Dist. LEXIS 234909 (E.D. N. Y. Dec. 2, 2025). Third Street Equity LLD hired Developing NY State, LLC as the contractor for a construction project. Developing NY entered a subcontract agreement with Capital Source Concrete NY LLC for concrete work as well as labor and services for a construction project. The subcontract required that Capital Concrete keep the construction site free of debris, waste material or rubbish. Further, Capital Concrete was responsible for compliance with OSHA safety regulations. It was also agreed that Capital Concrete would obtain liability and workers compensation insurance naming Third Street and Developing NY as additional insureds. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Louisiana Legislature Enacts Act 932 – Significant Changes to Insurer Bad-Faith Exposure for Failure to Settle

July 13, 2026 — Tabitha R. Durbin & Jennifer E. Michel - Lewis Brisbois
The Louisiana Legislature has enacted Act 932 (formerly House Bill 1162), which became law this week without the Governor's signature pursuant to the Louisiana Constitution, after expiration of the applicable constitutional review period. Act 932 makes several important amendments to Louisiana's insurer bad-faith statute and appears intended, at least in part, to address issues arising from the Louisiana Supreme Court's decision in Kelly v. State Farm Fire & Casualty Co., 169 So.3d 328 (La. 2015). The Act also makes changes regarding claim payments involving licensed contractors. The Act takes effect on August 1, 2026. Key Takeaways Act 932:

Limits certain bad-faith causes of action (bad faith failure to settle) involving personal injury and bodily injury claims where good-faith disputes exist or where an insurer has not been afforded sufficient opportunity to respond to a settlement demand.
Requires insurers and adjusters to verify a contractor's Louisiana license status before issuing claim payments when a contractor is named as a payee on a check for repair or restoration of immovable property.
Creates a statutory safe harbor protecting insurers from bad-faith penalties and attorney fees when payment delays result from an inability to verify a contractor's license, provided specified documentation and notice requirements are met.

Reprinted courtesy of Tabitha R. Durbin, Lewis Brisbois and Jennifer E. Michel, Lewis Brisbois Ms. Durbin may be contacted at Tabitha.Durbin@lewisbrisbois.com Ms. Michel may be contacted at Jenny.Michel@lewisbrisbois.com Read the full story...

Seattle Team Obtains Summary Judgment in Real Estate Broker Professional Liability Action

July 20, 2026 — Lewis Brisbois
Seattle Partner Kathleen A. Nelson and Associate Synova M. L. Edwards prevailed on a hotly contested motion for summary judgment in Whatcom County, Washington court in a real estate broker professional liability action. The plaintiff filed an action against Lewis Brisbois' clients, a real estate agent and brokerage firm, among several others, including the title company, purchasers and others related to the sale of real property following his complicated and long running divorce action. These claims primarily arose out of the clients’ reliance on an order signed by the court in the underlying divorce action. The order allowed the clients to execute the purchase and sale agreement, as the plaintiff was non-cooperative. Read the full story...
Reprinted courtesy of Lewis Brisbois

Samuel Alhadeff Represents LGI Homes in Acquisition and Re-Entitlement of Maravilla Estates

July 06, 2026 — Lewis Brisbois
Temecula Partner Samuel Alhadeff recently represented LGI Homes in its acquisition and re-entitlement of Maravilla Estates, a 169-lot active adult community located in San Jacinto, California. The acquisition and re-entitlement of the project provide LGI Homes with the opportunity to deliver much-needed age-qualified housing in one of Riverside County's growing residential markets. The community includes a recorded final map and finished lots, as well as future development inventory and planned amenities, positioning the project for continued development and completion. Read the full story...
Reprinted courtesy of Lewis Brisbois

DRY FORK VIRGINIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES