POCAHONTAS VIRGINIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Subcontrator’s Insurer Must Reimburse for Defense of Contractor

January 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court determined that the subcontractor’s insurer owed a defense to the additional insured general contractor in a bodily injury suit. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins Co., 2025 U.S. Dist. LEXIS 227712 (S.D. W. V. Nov. 19, 2025). A.L.L. Construction, Inc. was the general contractor for a construction project. West Virginia Paving, Inc. was the subcontractor for paving work. After construction began, Charlottee Smith allegedly fell and was injured due to A.L.L. and West Virginia Paving’s negligent work. She sued both A.L.L. and West Virgina Paving. Smith and West Virginia Paving settled. 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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Snell & Wilmer Named Among the “Most Admired Law Firms to Work For” by Los Angeles Business Journal

December 22, 2025 — Snell & Wilmer
LOS ANGELES – Snell & Wilmer is proud to announce that its Los Angeles office has again been named to the Los Angeles Business Journal’s 2025 “Most Admired Law Firms to Work For.” The list highlights outstanding law fi­rms in the L.A. area that are consciously working towards creating diverse, positive, and supportive environments to help drive the success of their attorneys. Firms appearing on the list were judged on company culture, employee benefit and support programs, as well as diversity and women’s initiatives. “We are honored to be recognized once more as one of the ‘Most Admired Law Firms to Work For’ by the Los Angeles Business Journal”, said Joshua Schneiderman, managing partner of the firm’s Los Angeles office. “Our focus remains on building a workplace where people feel supported, encouraged to grow, and connected to their colleagues, clients, and communities. We are committed to investing in programs, relationships, and opportunities that create long lasting career fulfillment.” Read the full story...
Reprinted courtesy of Snell & Wilmer

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Payne & Fears Recog

Ninth Circuit Clarifies Viability of Takings Claims Under Arizona’s Unclaimed Property Act

November 09, 2025 — Ed J. Hermes, Jeremy J. Stewart, Benjamin J. Mills & Emily Statham - Snell & Wilmer
In a decision cementing a split with the Tenth Circuit, the Ninth Circuit recently held that property owners’ unclaimed property is not taken in violation of the Fifth Amendment where it is held in trust by the State. See Garza v. Woods, No. 24-1064, 2025 WL 2435221 (9th Cir. Aug. 25, 2025). The district court dismissed plaintiffs’ claims because sovereign immunity barred suit against the Arizona Department of Revenue (“Department”). See Garza v. Woods, No. CV-22-01310-PHX-JJT, 2023 WL 5608414 (D. Ariz. Aug. 30, 2023). The Ninth Circuit reversed this portion of the district court decision and allowed plaintiffs’ takings and due process claims because they plausibly alleged that the Department unconstitutionally seized their property under Arizona’s Unclaimed Prope

Don’t Ignore Prejudgment Interest

February 02, 2026 — David Adelstein - Florida Construction Legal Updates
When it comes to contracts, there may be a clause that provides that untimely payments shall bear interest at a particular rate. Or it may be the statutory rate. That clause will come into play when determining prejudgment interest. In ANY dispute, prejudgment interest can be an important damages component that accrues from the date of the loss. Don’t ignore prejudgment interest. The Fourth District of Florida, in a construction dispute, maintained:

“[I]f a plaintiff establishes that he sustained out-of-pocket loss, prejudgment interest must be awarded from the date of the loss. The trial court has no discretion regarding awarding prejudgment interest and must do so applying the statutory rate of interest in effect at the time the interest accrues.”

Bensusan v. Design Engineering Group, LLC, 2025 WL 3466367 (Fla. 4th DCA 2025) (citation omitted).

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Florida Litigation Team Delivers Crushing Summary Judgment Victory for National Home Builder

December 08, 2025 — Wood Smith Henning & Berman
The Wood Smith Henning & Berman Orlando trial team recently delivered a significant victory for a national home builder, obtaining three separate summary judgment rulings that resulted in a complete dismissal of all claims in a premises liability action in which the plaintiff demanded a seven-figure settlement. Partner Ian Gillan and Senior Associate Brian Hartley filed targeted motions for summary judgment addressing (1) trespassing; (2) Florida Building Code issues, and (3) OSHA applicability. The court granted all three motions. The case involved allegations that the plaintiff sustained injuries on a residential construction site. Plaintiff asserted that alleged violations of the Florida Building Code and OSHA regulations established a standard of care that was breached. Read the full story...
Reprinted courtesy of Wood Smith Henning & Berman

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PSA: Be Sure to Document (Even When Time is Short)

April 14, 2026 — Christopher G. Hill - Construction Law Musings
Written change orders are a big deal. Almost all construction contracts (at least the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law requires these provisions in residential construction contracts. Why are they so important? Because they are a “mini-contract” of sorts. They set the expectations, price, time, and work to be performed; work that was not included in the original price or scope for the project. Without this in writing, there will be no record of what the parties agreed to do. Does this sound familiar? Sound like its own contract? It should. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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California Supreme Court Approves of Annual Civility Oath for Attorneys, Rejects Incivility As Basis for Disciplinary Measures

December 08, 2025 — Saul Lopez - Lewis Brisbois Newsroom
San Diego, Calif. (October 20, 2025) - Courts and lawmakers in California and across the country are continuing to grapple with the ongoing problem of incivility among lawyers. Nearly every week a new story is publicized in which an at

Fixed Price, Fluid Quantities: The Hidden Risks in Lump Sum Agreements with Variable Units

November 21, 2025 — Virginia Trunkes - Construction Law Zone
Lump sum construction agreements are the most basic of the different design-bid-build options: the contractor agrees to complete the entire scope of work for a fixed price, and assumes most of the quantity and cost risks. If the contractor’s actual costs exceed its estimates, the contractor absorbs the loss. Adding a clause into the construction agreement that allows unit quantities to increase or decrease based on actual job quantities creates a mechanism that can reduce the risk of estimating, but it is a clause that should be carefully drafted and closely guarded. There are times when it makes sense for parties to deviate from their lump sum agreement and allow for greater flexibility: when there are uncertainties in site conditions or scope, and/or to reduce disputes over changed conditions. The parties can introduce elements of unit-price contracts into the lump sum framework, either choosing to shift the risk entirely to one party or the other, or sharing the risk, e.g., by including an equitable adjustment clause that allows for a price adjus

Recovering Attorney’s Fees and Arguing the Fees Are Inextricably Intertwined

December 02, 2025 — David Adelstein - Florida Construction Legal Updates
Attorney’s fees are a big part of any dispute. And the attorney’s fees should be because fees are a factor and can ultimately drive the outcome of a dispute. No one wants to spend $100,000 in fees to recover $100,000, so the conversation regarding attorney’s fees needs to be had early. Generally, a party can recover reasonable attorney’s fees if authorized by contract or by statute. So, there would need to be a prevailing party attorney’s fees provision in a contract, if suing on a contract

Turnover Traps for Community Associations: Investigate First, Release Claims Later

April 14, 2026 — Nicholas B. Vargo - Ball Janik LLP
Turnover of a community association from developer control to owner control is a uniquely vulnerable moment. Developers are increasingly presenting Florida condominium and homeowners’ associations with “standard” settlement or release agreements at turnover, often being framed as routine steps to finalize the transition of control. In reality, these agreements can have sweeping consequences, including the release of construction-defect claims before the association has conducted any meaningful independent evaluation. The developer has years of project knowledge and access to plans, subcontractors, and internal records. The newly elected board is just beginning to organize, obtain documents, and understand the property’s condition. Many defects, especially those involving roofing, waterproofing, windows, or structural components, are latent and not yet visible. Signing a release at this stage means the association is making a binding decision under conditions of uncertainty, witho