Tad West Virginia Construction Expert Witness Directory

Mandatory Arbitration Isn’t All Bad, if. . .

July 13, 2026 — Christopher G. Hill - Construction Law Musings
In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in the camp of those that think that mandatory arbitration clauses of the type typically found in contracts can add a layer of expense that can be unnecessary. However, if an arbitration clause is carefully drafted, and properly used, these clauses an be helpful in assuring that the streamlining effect for which arbitration was created actually occurs. Because the contract is king in Virginia, these provisions can essentially create the rule of civil procedure used to resolve any dispute relating to the project. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Old Storm, New Claim: A Fifth Circuit Notice Reminder

November 02, 2026 — Koorosh Talieh & Torrye Zullo - Hunton Insurance Recovery Blog
In a recent decision, the US Court of Appeals for the Fifth Circuit affirmed summary judgment for a commercial property insurer in a dispute involving the timing of notice for a hail damage claim. In Gann v. Depositors Insurance Co., No. 25-11291 (5th Cir. Oct. 5, 2026), the policyholder reported a claim after discovering interior water damage in 2022, but its consultant later attributed all of the claimed roof damage to a hailstorm that occurred in 2018. The court concluded that the delay in identifying and reporting the 2018 loss was unreasonable and prejudiced the insurer’s ability to investigate the circumstances of the loss in a timely manner. The decision is an important reminder for policyholders of the need for timely notice under property insurance policies. Such issues can arise, as they did in Gann, even where damage is not immediately apparent, its cause is not initially known, or the cause of loss may implicate a different policy period than the one under which the claim was first made. The Dispute The dispute arose from hail damage to the roof of a commercial property in Irving, Texas. After discovering interior water damage, the policyholder reported a claim to the insurer in September 2022, specifying August 9, 2022, as the date of loss. The insurer inspected the property and determined that a portion of the roof had sustained hail-related damage and issued payment. Reprinted courtesy of Koorosh Talieh, Hunton Andrews Kurth LLP and Torrye Zullo, Hunton Andrews Kurth LLP Mr. Talieh may be contacted at ktalieh@hunton.com Ms. Zullo may be contacted at tzullo@hunton.com Read the full story...

LA Scores Major Victory in a High-Exposure Premises Liability Action

July 06, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Our firm is proud to announce a decisive defense victory obtained by Partner Daniel Crespo and Associate Lauren Landau for our client in a high-exposure premises liability action arising from a 2022 incident at an active school construction site in Perris, California. On March 10, 2026, the Riverside County Superior Court granted Summary Judgment in full for our client, dismissing all claims brought by Plaintiff, who alleged she tripped and fell over a curb while picking up her daughter from school and sustained ankle and wrist injuries as a result. Through meticulous preparation and the strategic use of construction plans, contractual documents, and onsite surveillance video evidence, our team demonstrated that our client had no ownership, possession, or control over the portion of the existing sidewalk where the incident occurred, with construction plans unambiguously designating the area as pre-existing concrete outside our client’s scope of work, and the Construction Services Agreement expressly reserving control over all existing site improvements to the school district. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Texas Adopts New Procedural Rules for Summary Judgment Motions: What You Need To Know

July 13, 2026 — Conor G. Bateman & Marsha Cotton - Snell & Wilmer
On March 1, 2026, sweeping amendments to Texas Rule of Civil Procedure 166a took effect, fundamentally changing how Texas courts handle summary judgment motions — from filing and briefing through disposition. Whether representing a plaintiff or defendant, Texas litigants and attorneys must understand these new rules and their impact on case strategy and timelines. These procedural changes carry particular significance for construction litigants. Background: The Prior Rule Texas summary judgment practice has long diverged from the federal model. The Texas Rules of Civil Procedure recognize two types of summary judgment motions: (1) the traditional motion for summary judgment, and (2) the “no-evidence” motion for summary judgment. The no-evidence motion — unique to Texas — may be filed only after adequate time for discovery has passed. No bright-line rule governs that determination; it depends on the unique circumstances of each case. Reprinted courtesy of Conor G. Bateman, Snell & Wilmer and Marsha Cotton, Snell & Wilmer Mr. Bateman may be contacted at cbateman@swlaw.com Ms. Cotton may be contacted at mcotton@swlaw.com Read the full story...

Two Snell & Wilmer Attorneys Selected as 2026 San Diego Super Lawyers Rising Stars

May 14, 2026 — Snell & Wilmer
SAN DIEGO – Snell & Wilmer is pleased to announce that two attorneys in the San Diego office have been selected for inclusion in the 2026 San Diego Super Lawyers Rising Stars publication. Rising Stars is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. To be eligible for inclusion, a candidate must be either 40 years old or younger or in practice for 10 years or less. The selection process is multi-phased and includes independent research and peer nominations, with no more than 2.5 percent of the lawyers in the state named to the Rising Stars list. Read the full story...
Reprinted courtesy of Snell & Wilmer

Citadel’s Miami HQ Construction on Hold After Accident, Report Says

October 12, 2026 — Giulia Morpurgo – Bloomberg
Construction work on Citadel’s new headquarters in Miami has been paused following an accident on the site last week, the Wall Street Journal reported. The collapse of a rig on Monday prompted county authorities to issue a stop-work order pending an investigation, according to the newspaper, which cited a local building official. It’s unclear how long the stoppage will last or what caused the accident, the WSJ wrote on Sunday, adding that such probes can take up to six months. Read the full story...
Reprinted courtesy of Giulia Morpurgo, Bloomberg

Construction Liens: Liening for Amounts Not Yet Technically Due Does Not Mean Lien Is Fraudulent

August 11, 2026 — David Adelstein - Florida Construction Legal Updates
A 2024 bankruptcy ruling, In re Edgewater Construction Group, Inc., 657 B.R. 668 (S.D.Fla. 2024), touched upon an interesting issue when it comes to construction liens. Is a construction lien fraudulent simply because the lien includes amounts not yet due? Not necessarily. In this bankruptcy dispute, the subcontractor debtor (that filed for bankruptcy) recorded two construction liens on projects. The general contractor argued in the bankruptcy court that the subcontractor debtor’s liens were fraudulent. As to the first lien, the general contractor argued that the lien was fraudulent because it included amounts that the debtor knew the general contractor had already paid to the debtor’s subcontractors/suppliers. The bankruptcy court disagreed: “The Court finds that, although the Debtor had been told that [the general contractor] had paid these subcontractors, in light of the ongoing dispute between Debtor and [the general contractor], it was reasonable for the Debtor to demand proof. Debtor’s subsequent filing of a partial satisfaction of lien once the Debtor received the requested proof of payment from [the general contractor] counters any claim of willful exaggeration.” In re Edgewater Construction Group, supra, at 672-673. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Meet BWB&O’s 2027 Super Lawyers Southwest Rising Stars, Ryan Leibel!

November 09, 2026 — Dolores Montoya - Bremer Whyte Brown & O’Meara, LLP
Please join us in congratulating BWB&O’s Arizona Associate Ryan Leibel on being named to the 2027 Super Lawyers Southwest Rising Stars list! Ryan is being recognized for his work in General Litigation, marking an exciting professional milestone and reflecting his dedication to the practice of law. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara, LLP

TAD WEST VIRGINIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES