Fisher West Virginia Construction Expert Witness Directory

$356 Million Judgement Against Developer for Defective Construction of DC Condominium

August 16, 2026 — Nicholas D. Cowie - Cowie Law Group
On July 31, 2026, the Superior Court of the District of Columbia entered a $356,085,513.00 judgment against developers JBG Smith for defective construction and renovation of the Wardman Tower Residential Condominium in Washington, D.C. The case is Wardman Tower Residential Condominium Unit Owners Association v. JBG Smith Properties, et al., No. 2020 CA 004807 B (D.C. Super. Ct.). In a 148-page Trial Order, the D.C. Superior Court awarded $118,695,171.00 in damages in favor of the condominium association and against the condominium developers, including JBG Smith. The Court trebled those damages pursuant to the District of Columbia Consumer Protection Procedures Act (“CPPA”) to reach an ultimate judgment of $356,085,513.00. See Cowie Law Group: DC Condominium Construction Defects: Recovering Attorney’s Fees, Litigation Expenses & Treble Damages Under the Consumer Protection Procedures Act. Cowie Law Group, P.C. filed the lawsuit on behalf of the Association in 2020. The firm represented the Association throughout years of pretrial discovery and ultimately served as trial counsel with Williams & Connolly LLP during a lengthy bench trial before the Honorable Yvonne Williams. The Cowie Law Group team included attorneys, George A. Bealefeld, III, Albert G. McCarraher, Stanford L. Kimmel, III and Nicholas D. Cowie. Read the full story...
Reprinted courtesy of Nicholas D. Cowie, Cowie Law Group
Mr. Cowie may be contacted at ndc@cowielawgroup.com

Colorado Court Affirms Attorneys’ Fee Award Against Plaintiff’s Counsel for Pursuing Unsupported CCPA Claims

August 03, 2026 — David McLain - Colorado Construction Litigation Blog
The Colorado Court of Appeals recently affirmed a trial court’s award of more than $241,000 in attorney fees against a plaintiffs’ attorney who continued to pursue unsupported claims arising out of a residential construction dispute. Although the opinion was not selected for official publication under C.A.R. 35(e) and therefore has no precedential value, it nevertheless provides an instructive reminder that Colorado courts are willing to impose significant financial consequences when claims lack substantial justification. For builders, developers, contractors, insurers, and defense counsel, the case is worth reading, not because it announces new law, but because it demonstrates that Colorado’s fee-shifting statute remains a meaningful tool when unsupported claims continue long after they should have been abandoned. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

HHMR Honored as a 2026 Denver Business Journal Best Places to Work Recipient

March 10, 2026 — David McLain - Colorado Construction Litigation Blog
We are pleased to share that Higgins, Hopkins, McLain & Roswell has been named a 2026 Denver Business Journal Best Places to Work honoree, a recognition grounded entirely in direct feedback from our own team members. The Denver Business Journal Best Places to Work program, in partnership with Quantum Workplace, ranks organizations based on anonymous employee engagement survey results that measure culture, leadership, communication, trust, team dynamics, and satisfaction. This year’s list includes 65 companies across the Denver metropolitan area, judged by the people who know these workplaces best: their employees. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

New York Moves to Tighten Third-Party Practice: Key Changes to CPLR 1007

March 31, 2026 — Sophia L. Cahill - Sheppard
Effective April 18, 2026, the New York Legislature enacted the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act, amending CPLR 1007—the statute that governs third-party practice. The amendment sharply limits when and how defendants can commence third-party actions, curbing the expansive discretion they previously enjoyed and targeting the late-stage impleaders that often upend case schedules. What Changes Before the AVOID Act was signed into law on December 19, 2025 (and subsequently modified by Chapter Amendments A9502 and S8809, signed by Governor Hochul on February 13, 2026[1]), CPLR 1007 gave defendants broad latitude to implead “any person who is or may be liable” for all or part of the plaintiff’s claim. CPLR 1007 specified no outside time limit for the initiation of a third-party claim; courts assessed only whether a defendant’s delay was undue—such as impleading months after the note of issue—and whether the plaintiff would suffer prejudice if the third-party action were not severed. Read the full story...
Reprinted courtesy of Sophia L. Cahill, Sheppard
Ms. Cahill may be contacted at scahill@sheppard.com

Actual Controversy Without Actual Exhaustion: California Supreme Court Allows Declaratory Relief and Bad Faith Claims Against Excess Insurers

August 24, 2026 — Kyle A. Rudolph - Saxe Doernberger & Vita, P.C.
California courts were previously split on the issue of whether an insured may bring declaratory relief claims against excess insurers prior to the exhaustion of underlying insurance. Some California courts held that the actual exhaustion of underlying insurance was necessary, whereas other courts allowed for these types of claims to proceed.[1] Recently, the California Supreme Court addressed this split of authority and, in doing so, handed down a significant win for policyholders. In Fox Paine & Company, LLC, et al. v. Twin City Fire Insurance Company et al., the Court held that insureds may proceed with bringing forth viable declaratory relief and bad faith claims against excess insurers prior to the exhaustion of underlying insurance.[2] A summary of the Court’s opinion is provided below. Read the full story...
Reprinted courtesy of Kyle A. Rudolph, Saxe Doernberger & Vita, P.C.
Mr. Rudolph may be contacted at KRudolph@sdvlaw.com

2026 Southern California Super Lawyers Recognizes 14 Snell & Wilmer Attorneys

March 03, 2026 — Snell & Wilmer
LOS ANGELES AND ORANGE COUNTY – Snell & Wilmer is pleased to announce that 14 attorneys in its Los Angeles and Orange County offices have been selected for inclusion in the 2026 Southern California Super Lawyers publication. Of those 15, six were recognized as Rising Stars. Super Lawyers is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. The final published list represents no more than 5 percent of the lawyers in the state. Read the full story...
Reprinted courtesy of Snell & Wilmer

New Executive Order on AI Innovation and Security: Key Takeaways for the Construction Industry

June 15, 2026 — Richard R. Volack & Denis Serkin - Peckar & Abramson, PC
On June 2, 2026, President Trump signed an Executive Order titled “Promoting Advanced Artificial Intelligence Innovation and Security.” At its core, the Order is a cybersecurity and national-security measure rather than a broad regulation of how private companies develop or use AI. It directs federal agencies to harden government systems against AI-enabled cyber threats, establishes voluntary frameworks for collaboration between the federal government and the AI and critical-infrastructure sectors, and strengthens criminal enforcement against the malicious use of AI. Notably, the Order expressly disclaims any intent to create a “mandatory governmental licensing, preclearance, or permitting” regime for the “development, publication, release, or distribution of new AI models.” Instead, the Executive Order seeks to “promote AI innovation and security” by working with the private sector to modernize government and private-sector information systems and harden them against external threats, protect intellectual property from exploitation or theft, and cultivate American AI capabilities. Reprinted courtesy of Richard R. Volack, Peckar & Abramson, PC and Denis Serkin, Peckar & Abramson, PC Mr. Volack may be contacted at rvolack@pecklaw.com Mr. Serkin may be contacted at dserkin@pecklaw.com Read the full story...

Can Anything Supersede Excel in AEC?

April 27, 2026 — Aarni Heiskanen - AEC Business
If there’s one piece of software that dominates the business world across industries, it’s Microsoft Excel. Can AI finally dethrone the mighty spreadsheet? Memorable Spreadsheet Moments Everyone has memorable spreadsheet moments. I have a few. For example, my then-architecture firm was involved in more than a dozen housing developments abroad. I developed an Excel workbook that took the required number of households as input and automatically generated a breakdown of buildings and their apartment types for AutoCAD. This was urban planning and architectural design done with a spreadsheet. I also developed business software using Excel for project portfolio management. The prototype was later scaled into a commercial SaaS that is now used globally. Another memorable moment was when a property owner told me their Excel file grew so large that it ran out of rows and columns. That must have been before 2007, when the maximum number of columns on a sheet was still just 256 and the maximum number of rows was 65,536. The current limits are 1,048,576 rows and 16,384 columns, which I hope no one will exceed. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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