MIDDLEBOURNE WEST VIRGINIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

The “Pay When Paid” Clause in California Construction—Strategies as the Battle Continues

August 03, 2026 — William L. Porter - Porter Law Group
It is well known in California Construction circles that the “Pay If Paid” clause is illegal in this state. There is a great distinction, though, between this clause and a similar clause, known as a “Pay When Paid” clause. A pay if paid clause allows a contractor to tell a subcontractor that if the contractor is unpaid for the subcontractor’s work, then the contractor has no legal obligation to pay the subcontractor, ever. For a great variety of reasons, the California Supreme Court, in the case of Wm. R. Clarke Corp v. Safeco Ins. Co. of America (1997) 15 Cal.4th 882, declared this type of clause illegal in California Construction. Although the pay if paid clause is illegal in California, the pay when paid clause is still perfectly legal and is found in many subcontracts that contractors issue to their subcontractors. The pay when paid clause allows a contractor to delay paying its subcontractors until the dispute between the contractor and the property owner over payment has been resolved and the contractor is paid by the property owner. Although seemingly reasonable (since it merely delays payment until the contractor is paid by the owner, thereby providing a funding source to pay subcontractors), significant problems still arise. Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

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Federal Court Pauses New Mexico PFAS Labeling Rule, but Not Its Bans or Reporting Deadline

October 26, 2026 — Ashleigh K. Myers, Jillian Marullo & Claudia Vetesi - Gravel2Gavel Construction & Real Estate Law Blog
As we previously reported, New Mexico adopted novel product labeling requirements that would require manufacturers to display a PFAS flask symbol on covered products. Those requirements are now on hold. A coalition of industry associations led by the American Chemistry Council sued in federal court, arguing that the mandate unconstitutionally compels speech in violation of the First Amendment. On September 16, 2026, the U.S. District Court for the District of New Mexico preliminarily enjoined enforcement of the labeling rule while the case, American Chemistry Council v. Kenney, No. 1:26-cv-02130-MIS-SCY, proceeds. The court found the challengers likely to succeed because New Mexico had not shown a reasonable fit between the label and its interests in protecting consumer health and the environment. A Broad Rule Built Around One Symbol New Mexico enacted its PFAS Protection Act in April 2025, joining Maine and Minnesota as the third state to adopt broad reporting requirements and eventual sales restrictions for products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The Act also authorized the Environmental Improvement Board to require PFAS labels on products. The Board’s implementing rule, which became effective July 1, 2026, specified the exact format of the label and how it had to appear. Reprinted courtesy of Ashleigh K. Myers, Pillsbury, Jillian Marullo, Pillsbury and Claudia Vetesi, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Ms. Vetesi may be contacted at claudia.vetesi@pillsburylaw.com Read the full story...

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Beyond the Forecast: Managing Extreme Weather Risks on Construction Sites

November 02, 2026 — Jordan Graustark - Construction Executive
Construction leaders would never downplay or dismiss a fall, struck-by incident or equipment failure as “just part of the job.” Yet, some temperature-related conditions, such as heat exhaustion, frostbite and hypothermia, are often accepted as unavoidable consequences of working conditions. Temperature-related incidents likely won’t command the same attention as a crane collapse, but understating their seriousness can be a costly mistake. As extreme weather becomes more frequent and unpredictable, that mindset is becoming increasingly difficult to defend. Extreme weather is not simply a seasonal inconvenience; it’s a serious occupational hazard. Heat waves, cold snaps and rapid temperature swings can contribute to serious injuries and fatalities—or SIFs—productivity losses and costly project disruptions. A single temperature-related incident can quickly become an OSHA recordable and project management challenge. Reduced physical and impaired cognitive performance from heat or cold stress can increase the risk of workplace incidents long before a medical emergency occurs. Reprinted courtesy of Jordan Graustark, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Building the Research and Healthcare Facilities of Tomorrow Without Impacting the Progress of Today

August 16, 2026 — Jason Tobias - Construction Executive
Research labs run experiments that can’t be paused. Hospitals treat patients around the clock. Yet these same facilities constantly need upgrades—new infrastructure, modernized systems, renovated spaces—to meet the demands of twenty-first century science and medicine. The challenge for construction teams isn’t just building. It’s building without ever turning the lights off. This unique dynamic creates an environment where construction activities are happening adjacent to sensitive testing and treatment, a complex setting where disruptions can have serious consequences. Skanska continues to successfully navigate these challenges across multiple sectors, including from occupied lab space at the North Carolina Department of Environmental Quality’s (NCDEQ) Reedy Creek Laboratory in Raleigh to hospital corridors alongside staff and patients in various hospital locations across the country. Reprinted courtesy of Jason Tobias, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Ahlers Cressman & Sleight Is Pleased to Announce Our Recognition in the 2027 Edition of Best Law Firms®

November 09, 2026 — Ahlers Cressman & Sleight PLLC
Ahlers Cressman & Sleight is pleased to announce our recognition in the 2027 edition of Best Law Firms®, ranked by Best Lawyers. ACS received a Tier 1 ranking in Seattle for both Construction Law and Construction Litigation; and a Tier 2 national ranking in the same areas. Best Law Firms® rankings are assessed through analyzing feedback provided by clients and professional references, information supplied by the firm, industry leader interviews, and lawyer evaluations collected through the Best Lawyers research process. For the 2027 edition, more than 110,000 client references were submitted as part of the Best Law Firms research process. Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

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GRSM Ranked Among Top 5 Construction Law Firms by Construction Executive

September 21, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani has been ranked the No. 5 construction law firm in the nation by Construction Executive in the magazine’s 2026 ranking of The Top 50 Construction Law Firms™. “Being named in the top five underscores the talent, experience, and nationwide capabilities of our construction team,” said Allen Estes III and Angela Richie, Chairs of GRSM’s Construction practice. “We are honored to serve as trusted counsel to clients across the construction industry and remain committed to delivering strategic solutions that help them achieve their business and project objectives.” In addition to this ranking, GRSM Construction practice group Co-Chairs Allen Estes and Angela Richie were featured in “Executive Insights 2026: Leaders in Construction Law,” where they shared insights on key risks to consider before signing construction contracts and discussed strategies for managing material cost volatility, supply-chain disruptions, and project delays. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Nicole Whyte is the Newly Elected Secretary of the Orange County Bar Association

September 28, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
“I am deeply honored to serve as Secretary of the Orange County Bar Association. To everyone who supported me, endorsed me, encouraged me, shared my message, and cast a ballot, thank you. I am profoundly grateful for your trust and confidence. Thank you from the bottom of my heart. I am ready to get to work.” – Nicole Whyte Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Michael C. Zisa and Phillip Boldt Co-Author D.C. Chapter of “50-State Guide to Electronic Execution of the General Agreement of Indemnity”

October 06, 2026 — Michael C. Zisa & Phillip Boldt - Peckar & Abramson, P.C.
Michael C. Zisa, Co-Managing Partner of P&A’s Washington, D.C. office, Chair of the Surety and Construction Related Insurance Defense practice, and Co-Chair of the Crisis Management team, and Phillip Boldt, an Associate in P&A’s Washington, D.C. office, have co-authored the District of Columbia chapter of the American Bar Association (ABA) Fidelity and Surety Law Committee and The Surety & Fidelity Association of America’s (SFAA), “50-State Guide to Electronic Execution of the General Agreement of Indemnity.” Reprinted courtesy of Michael C. Zisa, Peckar & Abramson, P.C. and Phillip Boldt, Peckar & Abramson, P.C. Mr. Zisa may be contacted at mzisa@pecklaw.com Mr. Boldt may be contacted at pboldt@pecklaw.com Read the full story...

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