FALLING WATERS WEST VIRGINIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

OC Streetcar Project Mediation Sets $50M Payment to Walsh

July 20, 2026 — Richard Korman - Engineering News-Record
Walsh Construction told a California state court judge last month that lawsuit mediation of its claims on an Orange County light-rail project—known as OC Streetcar—had produced a settlement of some claims under which the county agreed to pay the contractor almost an additional $50 million. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

---

Navigating Wind and Solar Development Opportunities on State and Private Lands During Uncertain Times for Renewable Energy

February 02, 2026 — Cara M. MacDonald, Robert G. Howard & Andrew Jacobs - Gravel2Gavel Construction & Real Estate Law Blog
Recent executive actions and federal guidance have targeted wind and solar development, creating substantial uncertainty for the U.S. offshore wind industry and also reshaping the regulatory landscape governing onshore wind and solar development. Wind and solar projects on federal lands are now subject to heightened review processes and enhanced regulatory scrutiny. As a result, many developers are considering opportunities on state-owned and privately held lands rather than federal lands. 2025 Federal Executive Actions Impacting Wind and Solar At the federal level, renewable energy development on public lands is governed primarily by the Federal Land Policy and Management Act and administered by the Bureau of Land Management. The agency provides rights of way and leases (in designated leasing areas) for energy project development. Despite significant incentives for renewable energy development under the Biden administration, the Trump administration has deprioritized renewable energy in support of traditional energy sources like oil, gas and coal, as well as nuclear and geothermal energy. Reprinted courtesy of Cara M. MacDonald, Pillsbury, Robert G. Howard, Pillsbury and Andrew Jacobs, Pillsbury Ms. MacDonald may be contacted at cara.macdonald@pillsburylaw.com Mr. Howard may be contacted at robert.howard@pillsburylaw.com Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com Read the full story...

---

GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

May 14, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute. The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim. GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

---

How AI Turns Construction Documents Into Procurement Intelligence

May 05, 2026 — Aarni Heiskanen - AEC Business
MEP equipment accounts for up to 40% of costs on data center or hospital projects, has lead times ranging from 20 weeks to over a year, and has historically been the most underserved area in construction software. In this episode, I speak with Victor Muchiri from BuildVision about what it actually takes to make AI useful in construction procurement, not as a pilot, but in production. We dig into why you cannot simply upload a set of construction drawings to ChatGPT and trust the output. Construction documents are complex, cross-referenced, and consequential. Without deep domain context, such as manufacturer ontologies, equipment taxonomies, and engineering expertise, AI produces plausible results, not reliable ones. BuildVision’s approach is to act as a harness around AI models, wrapping them in construction-specific knowledge so the output can be trusted for real procurement decisions. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

---

Managing Tariff Volatility in Cross‑Border U.S. Construction Projects: Practical Contract‑Drafting and Procurement Strategies

March 10, 2026 — Sara Beiro Farabow & Michael Wagner - The Construction Seyt
Volatile U.S. tariff announcements continue to affect international supply chains for U.S. construction projects. Although recent litigation has centered on the scope of presidential tariff authority rather than construction‑specific disputes, these decisions carry important implications for how parties structure risk in their contracts. In May 2025, the U.S. Court of International Trade (CIT) struck down certain “Liberation Day” tariffs as exceeding presidential authority under IEEPA. A federal district court in Washington, D.C. likewise issued a preliminary injunction suspending related tariffs—though it later stayed its own order pending appeal. And the Supreme Court has agreed to review cases addressing the legal limits of IEEPA‑based tariffs. While none of these developments arises from construction disputes, the themes they highlight—timing, statutory authority, and documentation—mirror the issues encountered when tariff conditions disrupt international procurement. The following strategies reflect practical steps U.S. project owners, contractors, and foreign suppliers can take to mitigate risk, drawing on drafting approaches now widely used across major construction forms, including—but not limited to—modified AIA agreements. Reprinted courtesy of Sara Beiro Farabow, Seyfarth Shaw LLP and Michael Wagner, Seyfarth Shaw LLP Ms. Farabow may be contacted at sfarabow@seyfarth.com Mr. Wagner may be contacted at mewagner@seyfarth.com Read the full story...

---

Soot Constitutes Property Damage

March 17, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying Missouri law, the Eighth Circuit affirmed the jury verdict awarding damages for the presence of soot after a fire. Maxus Metropolitan, LLC v. Travelers Property Cas. Co. of Am., 2025 U.S. App. LEXIS 29921 (8th Cir. Nov, 17, 2025). A fire destroyed Phase 6 of a multi-building apartment complex known as the Metropolitan. At the time of the fire, all six phases of the Metropolitan were at various stages of completion, including some of which were occupied by tenants. Phase 6 was still under construction. The fire caused severe damage to Phase 5. The interiors of Phases 1-4 were unaffected by the fire. Maxus Metropolitan, the owner of the complex, had a policy with Travelers which covered up to $35 million in “direct physical loss, . . or damage.” The policy also provided coverage for up to $5 million in lost business income. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026). Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance poli
Contractual Waiver of Consequential Damages

Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel

Best Lawyers Recognizes Twenty White and Williams Lawyers

The Basics of Subcontractor Defaults – Key Considerations

What You Need to Know About Enforcement Actions by the Contractors State License Board

Claims for Negligence? Duty to Defend Triggered

At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way

Collapse of Underground Storage Cave Not Covered

Best Lawyers Recognizes Fifteen White and Williams Lawyers

A Guide to California’s Changes to Civil Discovery Rules

New EPA Regulation for Phase I Environmental Site Assessments

Risks of Using an AI Chatbot for Legal Advice: Lessons from United States v. Heppner

A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu

Denver Airport's Renovator Uncovers Potential Snag

To Catch a Thief

The Future of Construction Defects in Utah Unclear

Following California Law, Federal Court Adopts Horizontal Allocation For Asbestos Coverage

Navigating Construction Contracts in the Energy Sector – Insights from Sheppard Mullin’s Webinar Series

Speeding up Infrastructure Projects with the Cloud

The Practical Distinction Between Anticipatory Breac
Toxic Drywall Not Covered Under Homeowner’s Policy

Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy

What is an Alternative Dispute Resolution?

Mediation in the Zero Sum World of Construction

Construction Law Breaking News: California Supreme Court Rules in Favor of Beacon Residential Community Association

9 Positive Housing Statistics by Builder

Preparation Is Key: How Condo and Homeowner Associations Can Protect Their Communities Amid Hurricane Season

Virginia Chinese Drywall and pollution exclusion

Real Estate & Construction News Roundup (7/31/24) – International Homebuying Shrinks Commercial Real Estate Focus on Sustainability, and U.S. Banks Boost Provisions for Credit Losses

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

Demanding a Reduction in Retainage

Wildfire Risks Elevated for US Plains Due to Drought Conditions

Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall

Prison Contractors Did Not Follow the Law

Colorado Springs may be Next Colorado City to Add Construction Defects Ordinance

The Burden of Betterment

Uniform Rules Governing New York’s Supreme and County Courts Get An Overhaul

Insurers' Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part

NLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational Status

Maui Wildfire Cleanup Could Cost $1B and Take One Year

Contractor’s Coverage For Additional Insured Established by Unilateral Contract

How the Parking Garage Conquered the City

Another Case Highlighting the Difference Between CGL Policies and Performance Bonds

New York’s Highest Court Weighs in on N.Y. Labor Law

SEC Proposes Rule Requiring Public Firms to Report Climate Risks

Attorney’s Fees Entitlement And Application Under Subcontract Default Provision

Delays in Filing Lead to Dismissal in Moisture Intrusion Lawsuit

Survey: Workers Lack Awareness of Potentially Hazardous Nanomaterials

Cracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire Structure

Nonparty Discovery in California Arbitration: How to Get What You Want

Not So Universal Design Fails (guest post)

2011 West Coast Casualty Construction Defect Seminar – Recap

Experts Weigh In on Bilingual Best Practices for Jobsites

Kaylin Jolivette Named LADC's Construction and Commercial Practice Chair

Developer Africa Israel Wins a Round in New York Condominium Battle

SCOTUS to Weigh Landowners' Damage Claim Against Texas DOT

Question of Parties' Intent Prevents Summary Judgment for Insurer

AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages

Homebuilders Leading U.S. Consumer Stocks: EcoPulse

Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action

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

Under Privette Doctrine, A Landowner Delegates All Responsibility For Workplace Safety to its Independent Contractor, and therefore Owes No Duty to Remedy or Adopt Measures to Protect Against Known Hazards

Hudson River PCB Cleanup Lands Back in Court

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

Virginia General Assembly Tweaks Pay-if-Paid Ban

Power Hungry: AI-Fueled Data Center Boom Sets Energy Delivery’s New Course

Common Law Indemnity Claim Affirmed on Justifiable Beliefs

Record Home Sales in Sydney Add to Bubble Fear

Ownership and Licensing in Design Agreements

Five Actions Construction and Energy Risk Managers Can Take to Avoid the Catastrophic Consequences of a Cyber Attack