SMITHERS WEST VIRGINIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

What if the Supreme Court Overrules the Reciprocal Tariffs? Plan Now for Refunds, Protests, and Contract Reconciliation

December 15, 2025 — Brett W. Johnson, T. Troy Galan, Cole Craghan & Thomas Williams - Snell & Wilmer
As the U.S. Supreme Court weighs the legality of President Trump’s “reciprocal tariffs,” companies that sell goods internationally face a pivotal inflection point. If the tariffs are struck down, the decision will not simply unwind a trade policy — it may trigger a complex refund process involving billions of dollars in tariffs. This will lead to disputes over who receives repayment, and potential friction between suppliers and customers whose contracts passed tariff costs downstream. Such disputes appear to be on the horizon, as the U.S. Supreme Court considered oral arguments on the reciprocal tariffs on November 5, 2025, and several Justices signaled their skepticism about whether the International Emergency Economic Powers Act (IEEPA) permits the president to impose tariffs unilaterally. While the outcome remains uncertain, businesses that act now to preserve refund rights and clarify contractual obligations may be best positioned to receive refunds and avoid costly disputes if the tariffs are ordered to be repaid. Reprinted courtesy of Brett W. Johnson, Snell & Wilmer, T. Troy Galan, Snell & Wilmer, Cole Craghan, Snell & Wilmer and Thomas Williams, Snell & Wilmer Mr. Johnson may be contacted at bwjohnson@swlaw.com Mr. Galan may be contacted at tgalan@swlaw.com Mr. Craghan may be contacted at ccraghan@swlaw.com Mr. Williams may be contacted at twilliams@swlaw.com Read the full story...

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US Energy Dept. Withdraws Federal ‘Zero-Emissions Building’ Definition

December 22, 2025 — Bryan Gottlieb - Engineering News-Record
The U.S. Dept. of Energy has withdrawn the Biden-era federal definition of a “zero-emissions building,” marking another step in the Trump administration’s rollback of climate-focused initiatives and creating uncertainty for states, cities and owners that had informally used the guidance in project planning. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

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Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal

June 08, 2026 — Andrea DeField, Machaella Reisman & Cary D. Steklof - Hunton Insurance Recovery Blog
The mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer. Delay to Run the Statute of Limitations Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage. Reprinted courtesy of Andrea DeField, Hunton Andrews Kurth LLP, Machaella Reisman, Hunton Andrews Kurth LLP and Cary D. Steklof, Hunton Andrews Kurth LLP Ms. DeField may be contacted at adefield@hunton.com Ms. Reisman may be contacted at reismanm@hunton.com Mr. Steklof may be contacted at csteklof@hunton.com Read the full story...

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Exclusion Bars Coverage For Cosmetic Hail Damage to Roof

January 13, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer’s motion for summary judgment, finding there was no coverage for hail damage due to an exclusion for cosmetic hail damage. Cannon Falls Area Schools v Hanover Am. Ins. Co., 2025 U.S. Dist. LEXIS 206792 (D. Minn. Oct. 21, 2025). On April 22, 2022, a hailstorm and high winds damaged the insured School’s buildings. The School’s buildings had metal roofs. The parties agreed that the hailstorm caused indentations to the roofs, but did not puncture the metal on the roofs. Since the storm, the roofs had not leaked. The School submitted a claim for property damage to its insurer, Hanover. A portion of the claim for damage to the HVAC equipment was paid. The remainder of the claim was denied based on the policy’s Cosmetic Damage Exclusion which excluded coverage for cosmetic damage to roof surfacing caused by wind or hail. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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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

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Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability

January 21, 2026 — Matt Maranges - ConsensusDocs
In Florida, developers and contractors work under strict clocks. Section 95.11(3)(b), Florida Statutes, sets two firm deadlines for construction claims: a four-year statute of limitations and a seven-year statute of repose. Those timelines govern when an owner or condominium association may pursue claims for alleged defects. Once the repose period ends, the claim is barred regardless of when the problem surfaced. Condominium law complicates that scheme. Section 718.124 delays the start of the limitation and repose periods on association claims until control of the board shifts from the developer to the unit owners. The logic is simple: a developer-controlled board cannot be expected to sue the developer. The practical effect is more sweeping. If turnover occurs late in the life of a project, the repose period may remain tolled for years, extending exposure far beyond the seven years that apply everywhere else. Read the full story...
Reprinted courtesy of Matt Maranges, Jones Walker
Mr. Maranges may be contacted at mmaranges@joneswalker.com

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New Year’s Resolution: Engineering the “Tee-Up Day” for Complex Construction Mediations

February 17, 2026 — Joël Bertet - The Dispute Resolver
The construction industry is defined by its commitment to "Critical Path" scheduling. From the moment a project breaks ground, every stakeholder—from the MEP sub to the owner’s rep—is focused on sequencing. We know that you cannot hang drywall before the rough-in is inspected, and you cannot pour a slab-on-grade until the vapor barrier is verified. Yet, when these projects devolve into litigation, the legal community often abandons the logic of sequencing. We rush headlong into "The Mediation Day"—a high-stakes, expensive, one-day marathon where we expect dozens of parties, hundreds of insurance layers, and thousands of pages of expert reports to magically align into a settlement by 6:00 PM. As we open our calendars for the new year, it is time for a professional resolution. We must stop treating mediation as a single-day event and start treating it as a managed, sequenced process. The centerpiece of this resolution is the “Tee-Up Day.” Read the full story...
Reprinted courtesy of Joël Bertet, ResolveBertet
Mr. Bertet may be contacted at joel@resolvebertet.com

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The Single Source of Truth in Construction Projects: Reality or Myth?

March 24, 2026 — Aarni Heiskanen - AEC Business
The idea of a single source of truth has been a fundamental part of the digital vision in the AEC industry for many years. From centralized CAD storage to BIM collaboration platforms and, more recently, Common Data Environments, the goal stays the same. Project teams want a reliable place where everyone can access the latest information. The phrase “single source of truth” comes from database and information management practices in the IT world, where the goal was to maintain one authoritative record of data and eliminate data redundancy. As the AEC industry began adopting digital tools, the same idea was applied to project information and workflows. Despite decades of technological progress, the question remains whether “one ring that rules them all” can actually be implemented in real construction projects. 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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