Carlsborg Washington Construction Expert Witness Directory

Reminder: FOLLOW Your Well Drafted Contract Provisions

February 17, 2026 — Christopher G. Hill - Construction Law Musings
I have early and very often stated that your contract is the basis for everything relating to your construction project. Everything from “no damages for delay” clauses to attorney fees to indemnity are found in those documents. A well drafted construction contract sets the expectations for the project clearly and, aside from just making it easier on everyone for a successful project, will ease things should there be any dispute later. However, all of the great drafting and pre-construction negotiation in the world won’t do you a bit of good if you don’t follow those provisions. I can’t count the number of times that a contractor or subcontractor has read and even understood the construction documents but then put the contract in the drawer and didn’t look at it again. Your experienced construction attorney, while helpful at the drafting and negotiation stages and beyond, cannot help do the work. Your lawyer can help you negotiate and highlight the notice provisions of the contract but cannot provide that notice to the Owner or General Contractor when you have a claim. In short, the best contract in the world is only as good as those that are following it. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Report: 2023 NYC Crane Fire and Collapse Caused by Failed Hydraulic Hose

December 30, 2025 — Justin Rice - Engineering News-Record
A disconnected hydraulic hose likely sprayed flammable oil onto a hot surface, igniting a blaze that compromised the luffing system of a tower crane on a busy New York City street, sending its boom crashing 500 ft to the ground, according to a long-awaited investigation into a 2023 crane fire and partial collapse on the west side of Manhattan. Read the full story...
Reprinted courtesy of Justin Rice, Engineering News-Record
Mr. Rice may be contacted at ricej@enr.com

How to Properly Fill Out and Use the Conditional Waiver and Release on Progress Payment Form Used in California Construction

December 15, 2025 — William L. Porter - Porter Law Group
This is the first article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Conditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect or the form or releasing claim rights to a greater extent than you intend. At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterlaw.com) under the “Forms” section. It is free and you can fill it out on your screen before printing it out and signing it. Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Weather Delay Claim - Owner Delay Pushes Contractor into Worse Seasonal Adverse Weather

November 04, 2025 — David Adelstein - Florida Construction Legal Updates
In government contracting, a contractor is entitled to a time extension for “unusually severe weather.” However, this time extension is typically not compensable (meaning you get time, but not additional compensation). However, “a contractor may bring a claim for compensable delay when government delay pushes a contractor’s performance into a period of worse seasonal adverse-but not unusually severe-weather.” Appeals of - Thalle Construction Company, ASBCA No. 63685, 2025 WL 2496328, n.10 (ASBCA 2025) (citation omitted). In a recent appeal with the Armed Services Board of Contract Appeals, a contractor pursued a weather delay claim. The contractor sought 39 days of adverse weather between the adjusted contract completion date and the actual substantial completion date claiming that the government pushed the contractor’s last 262 days of performance into worse seasonal adverse weather. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Allegations in Insured’s Complaint Sufficient to Survive Motion to Dismiss

November 09, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The insured’s complaint sufficiently pled breach of contract and bad faith to survive the insurer’s motion to dismiss. Macias v. Am. Family Ins. Co., 2025 U.S. Dist. LEXIS 148628 (D. Colo. Aug. 1, 2025). A hailstorm damaged the insureds’ property, including the roof. The insureds filed a claim (Claim One) with American Family. An adjuster assigned by American Family found storm-related damage to the gutters, window screens and lattice work, but only non-storm-related damage to other items, such as the roof. American Family determined the losses amounted to $1,104.97, which was below the deductible. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Document Everything! Always! No Exceptions! (AKA, Help Your Lawyer Help You!)

April 14, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
I had a case last year in which once again I found myself thinking: if only my client had better documented the verbal agreements, we would have had a much easier time defending his work. I know this is often easier said than done— you are in the middle of building a project, and you get a call, and you need to keep the project moving. No time for written change directives or a special bulletin. And yet—it is simply amazing to me the number of people who develop “litigation amnesia” about things when a lawsuit is involved. Your documentation system does not need to be perfect. You can use a simple Field notebook and handwritten notations. A text memo to yourself or, better yet, an email confirmation to the owner/contractor/whoever. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

Applicability of Florida’s Building Code Is a Question of Law

November 21, 2025 — David Adelstein - Florida Construction Legal Updates
The application of Florida’s Building Code is a question of law for the court. It’s NOT a question for a witness to determine. In a recent personal injury dispute dealing with the tripping and falling on a public sidewalk, a key issue included the application of Florida’s Building Code on a Florida Department of Transportation (FDOT) project. Summary judgment was granted for the defendants where a major portion of the ruling was based on the inapplicability of Florida’s Building Code to the public sidewalk. Even though the plaintiff had an expert witness that opined that the Florida Building Code did apply, the trial court rejected this opinion in determining the Code did not apply:

Whether the Florida Building Code is applicable to this case ultimately is a question of law belonging to the court, not the witness. See Lindsey v. Bill Arflin Bonding Ag., Inc., 645 So. 2d 565, 568 (Fla. 1st DCA 1994) (“The legal effect of a building code presents a question of law for the court, not a question of fact for the jury.”); see also Edward J. Seibert, A.I.A. Architect & Planner, P.A. v. Bayport Beach & Tennis Club Ass’n, Inc., 573 So. 2d 889, 891-92 (Fla. 2d DCA 1990) (“An expert should not be allowed to testify concerning questions of law and the interpretation of the building code presented a question of law. It was the duty of the trial court to interpret the meaning of the code . . . .” (citations omitted)). As such, it was the responsibility of the trial court to determine whether the building code applies to the sidewalk in this case and whether the code provided evidence of negligence. See Martin v. Omni Hotels Mgmt. Corp., No. 6:15-cv-1364-ORL-41KRS, 2017 WL 2928154, at *4 (M.D. Fla. April 19, 2017) (“Accordingly, [the expert] may not testify as to the applicability or inapplicability of any provision of the Florida Building Code. This Court will determine what provisions, if any, are applicable to the facts of this case.”).

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

Court Resolves Disagreement on the Amount of the Deductible

December 02, 2025 — Tred R. Eyerly - Insurance Law Hawaii
After a windstorm caused damage to the insured’s building and repair materials, the court sided with the insured in determining the amount of the deductible. Semaho, Inc. v. AMCO Ins. Co., 2025 U.S. Dist. LEXIS 193521 (D. Colo. Sept. 30, 2025). Semaho owned two commercial buildings insured under a policy issued by AMCO. The buildings were damaged in a windstorm and Semaho’s contractor stored the building materials for the repairs on one building’s roof. A second windstorm then seriously damaged the building materials stored on the roof. Semaho submitted a claim for the lost building materials. Coverage was undisputed but the parties disagreed over which deductible should apply to Semaho’s claim. The key policy provision stated that the deductible should be calculated separately for the “building” and for certain categories of “personal property,” based on “the value(s) of the property that has sustained loss or damage.” Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

CARLSBORG WASHINGTON CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES