WEST POINT VIRGINIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Consider The Limited Warranty from Your Homebuilder

July 06, 2026 — David Adelstein - Florida Construction Legal Updates
When purchasing a home from a homebuilder, there is an important consideration when it comes to the limited warranty you receive around the time you close on the home. That limited warranty likely includes an arbitration provision requiring you to arbitrate your disputes, such as construction defect claims, against the homebuilder. That arbitration provision will most likely include all claims, including statutory claims (such as a statutory violation of a building code claim), requiring you to arbitrate, as opposed to litigate, your disputes against the homebuilder. This is an important consideration. If the arbitration provision does not allow you to arbitrate all of your claims, and eliminates your rights to legitimate statutory claims, the arbitration provision could be unenforceable. By way of example, in a residential construction defect dispute, Anderson v. Taylor Morrison of Florida, Inc., 223 So.3d 1088 (Fla. 2d DCA 2017), the appeal turned on whether the arbitration provision in the homebuilder’s limited warranty was valid. The homeowners took possession of their home in 2009. In 2015, the homeowners served a Florida Statutes Chapter 558 notice of construction defects that included a statutory violation of a building code claim under Florida Statute §553.84. The limited warranty included an arbitration provision that specified it was the “exclusive remedy” for all disputes arising out of or related to the warranty or issues with the home and property. When read together with the warranty’s disclaimer that precluded claims not covered by the warranty “whether in contract, tort, or otherwise,” the statutory building code violation claim could not be remedied through arbitration because it fell outside the warranty’s coverage. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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New York Enacts First-in-the-Nation Statewide Data Center Moratorium

August 03, 2026 — Joshua L. Sturtevant - Sheppard
As of May 2026, nearly 12 gigawatts of data center load requests were in the New York Independent System Operator interconnection queue, with more than two-thirds of capacity requests entering the queue in 2025 alone. On July 14, 2026, in response to concerns over this rapid growth, Governor Kathy Hochul issued Executive Order No. 62 (the “Order”) imposing a temporary moratorium on data centers in New York State. Among the concerns cited in the Order are the cost burden on ratepayers associated with transmission upgrades required to accommodate large loads, potential environmental impacts, and large-scale water use. The moratorium is intended to halt activities while the state government develops a comprehensive legal framework for data center development. While dozens of municipal and county-level moratoriums are in place throughout the U.S., and while the legislatures of several states, including Maine, have proposed moratoriums, the Order is the first statewide moratorium to be enacted nationally. Read the full story...
Reprinted courtesy of Joshua L. Sturtevant, Sheppard
Mr. Sturtevant may be contacted at jsturtevant@sheppard.com

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The Best Lawyers in America® - Ball Janik Attorneys Earn Multiple Recognitions

September 01, 2026 — Ball Janik LLP
Orlando, FL, August 20, 2026 – Ball Janik LLP is pleased to announce that 24 of its attorneys have been recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. The 33rd Best Lawyers edition recognitions are based on peer review and highlight attorneys across a range of practice areas. This recognition underscores the broad experience Ball Janik's attorneys bring to the firm's construction defect practice. "We're proud to be recognized by Best Lawyers again this year," said James C. Prichard, Managing Partner of Ball Janik LLP. "These honors reflect the expertise and depth of our team, our continued growth across Florida, and our commitment to providing strong counsel to clients in complex construction, insurance recovery, and litigation matters." Ball Janik attorneys recognized in the 2027 edition of The Best Lawyers in America® include: Keegan A. Berry — Construction Law Brian T. Crevasse — Construction Law; Litigation - Construction Todd Demetriades — Litigation - Construction Joseph R. Fitos — Construction Law; Litigation - Construction Megan A. Picataggio — Construction Law Jon E. Lemole — Construction Law; Litigation - Construction Salvatore G. Scro — Construction Law Nicholas B. Vargo — Construction Law; Litigation - Construction Kelly M. Corcoran — Construction Law Gabriel Z. Coelho — Construction Law Evan J. Small — Construction Law; Litigation - Construction Franchesco Soto — Construction Law; Litigation - Construction Phillip E. Joseph — Litigation - Construction; Real Estate Law James C. Prichard — Construction Law Ball Janik attorneys recognized in the 2027 edition of Best Lawyers: Ones to Watch® in America include: Nicholas Passantino — Litigation - Construction Amanda L. Gonzalez — Construction Law; Litigation - Construction Morgan N. Lester — Litigation - Construction Chris S. Tribbey — Construction Law Kyle Bugden — Construction Law; Litigation - Construction Brian Tannenbaum — Construction Law Kayla Mosquera — Insurance Law Natasha L. Biela — Commercial Litigation Elijah C. Waring, Jr. — Product Liability Litigation - Defendants Greg K. Demers — Construction Law About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 70-plus attorneys and paralegals in five offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, including for its construction law capabilities in Florida, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, Super Lawyers, and Corporate International. Read more at www.balljanik.com.

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The GKN Aerospace Chemical Release and the Laws Designed to Address It

July 06, 2026 — Sean M. Sherlock - Snell & Wilmer
On May 21, 2026, a 34,000-gallon storage tank at the GKN Aerospace facility in Garden Grove, California began leaking methyl methacrylate (MMA), a volatile and highly flammable industrial chemical used to manufacture high-strength acrylic plastics. GKN Aerospace makes advanced military and commercial transparencies, such as aircraft canopies, windshields, cabin windows, bullet-resistant glass, and spacecraft windows. In polymer chemistry lingo, MMA is known as a monomer. Monomers are like individual links to a chain. Under the right conditions they link up (react) with each other to form long-chained polymers, or plastics. MMA is an unstable monomer that requires controlled storage conditions to avoid setting off a polymerization (chain) reaction. According to early reports, the MMA tank at GKN Aerospace overheated. The cause of the overheating is not yet clear, but the overheating may have created conditions enabling the MMA to initiate polymerization, which in turn generated heat, which in turn generated pressure, activating the tank’s pressure-relief system and releasing MMA vapor into the atmosphere. Concerns about a runaway reaction, massive release, and explosion led the Orange County Fire Authority to order evacuation of approximately 40,000 residents and closure of thirteen schools. Read the full story...
Reprinted courtesy of Sean M. Sherlock, Snell & Wilmer
Mr. Sherlock may be contacted at ssherlock@swlaw.com

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Ahlers Cressman & Sleight named one of the Top 50 Construction Law Firms

August 11, 2026 — Ahlers Cressman & Sleight PLLC
Ahlers Cressman & Sleight PLLC is pleased to announce its fifth consecutive year of recognition by Construction Executive as one of The Top 50 Construction Law Firms. Since its first publication in 2003, Construction Executive magazine has served as the leading source for news, market developments, and business issues impacting the construction industry. Construction Executive established the rankings by asking over 600 U.S. construction law firms to complete a survey. Constructive Executive’s data collection includes: 2025 revenues from the firm’s construction practice; the number of attorneys in the firm’s construction practice; the percentage of the firm’s total revenues derived from its construction practice; the number of states in which the firm is licensed to practice; the year in which the construction practice was established; and the number of construction industry clients served during the fiscal year 2025. Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

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Key Person Provisions in Construction Contracts: Because People, Not Companies, Build Projects

October 27, 2026 — Nate Simon - Construction Executive
In construction, the person running your job matters: the project manager who sat in your preconstruction meetings, who understands the phasing, who knows why the MEP coordination sequence was set up the way it was, who has relationships with your team and the owner’s team. That person is not interchangeable. And if they disappear six weeks into the job and get replaced by someone who’s never read the drawings, you have a problem. This happens all the time. A contractor or consultant sells the A-team—the experienced project manager; the sharp superintendent; the people who won the job—during the proposal and interview. Then, once the contract is signed, those people quietly get moved to a larger project, not out of anything nefarious, but usually out of a necessity. A fire happens on another project and they are needed to put it out. By the time you realize those working on your project aren’t the ones you originally signed on, you’re three months in and the damage is already underway. Reprinted courtesy of Nate Simon, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
Mr. Simon may be contacted at nate@simonlawky.com

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Brenda Radmacher Authors Chapter in ABA Publication on Construction Delays

May 26, 2026 — Brenda Radmacher - The Construction Seyt
Brenda Radmacher, a partner in Seyfarth’s Construction Law practice and a mediator and arbitrator serving on the American Arbitration Association’s panels, is among the contributing authors to the American Bar Association’s forthcoming guide on construction disputes: Time – The Legal Implications of Project Delay in Construction. Drawing on three decades of experience, Radmacher authors Chapter 8, Contractor Delay Damages, offering practical insight into one of the most contested issues in construction litigation and arbitration. Read the full story...
Reprinted courtesy of Brenda Radmacher, Seyfarth Shaw LLP

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Jenny Michel Named Top Lawyer by Acadiana Profile Magazine

June 29, 2026 — Lewis Brisbois
Lafayette Managing Partner Jenny Michel has been named to Acadiana Profile magazine’s 2026 Top Lawyers list for Insurance Law. The annual list honors excellence across several practice areas. To select attorneys for its Top Lawyers list, Acadiana Profile works with a research firm that conducts a peer-review survey of attorneys in the Acadiana, Louisiana region. The attorneys nominate fellow professionals who they consider the best in their field of practice. Ms. Michel is co-chair of the London Market Group, the Pollution Legal Liability/Environmental Impairment Liability (PLL/EIL) practice, and the Energy, Marine & Power practice. She has worked with London insurers her entire career. Licensed in both Louisiana and Texas, she leads a team of experienced attorneys focused on marine, both traditional and alternate energy, onshore and offshore property, trucking and environmental insurance coverage and bad faith claims, excess monitoring, advice and litigation, both at the trial and appellate levels. Read the full story...
Reprinted courtesy of Lewis Brisbois

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