Gordon Wisconsin Construction Expert Witness Directory

Limitations of Liability Provisions in Construction Contracts: A Means to Manage Risk and Limit Financial Exposure

June 23, 2026 — Ellen Chapelle, Richard Reizen, Hannah Batsche - Construction Executive
Taking a cue from architects and engineers, construction contractors have started inserting limitation of liability clauses in their construction contracts to manage risk and limit financial exposure. This article will address the specific risks that can be limited through an LOL, tips for negotiating the LOL terms with reluctant owners to cover those specific risks, how to limit unintended consequences of an LOL (such as relieving an insurer of its obligations to cover certain losses), and approaches to setting the amount of the liability cap in the LOL. Addressing Particular Risks An LOL can address a wide range of risks, including:

Damages for delay
Liability for non-conforming or defective work
Liability for third-party bodily injury or property damage
Liability excluded by a general liability policy (e.g., pollution and cyber liability)
Liability related to intellectual property

White and Williams LLP Secures $42.4 Million Award for Ventana DBS LLC in Philadelphia Marriott Construction Litigation

July 27, 2026 — Craig O'Neill, Lindsay Liebman, Kristen Nichols Wright, Zachary Roth & William Taylor - White and Williams
White and Williams LLP's Construction and Surety Practice attorneys secured a significant victory for client Ventana DBS LLC in a complex commercial construction dispute before the Philadelphia Court of Common Pleas, Commerce Division. The trial team, led by Bill Taylor, retired Partner, and Craig O'Neill, Co-Chair of the Construction and Surety Practice Group, with support from Lindsay Liebman, Counsel, Zachary Roth, Partner, Kristen Nichols Wright, Associate, and Sue Ferrante, Legal Secretary, obtained a $42.4 million award on Ventana's claims for unpaid work, delay costs, CASPA penalties and interest, attorneys’ fees and other project-related costs arising from the construction of the Marriott W/Element Hotel Project in Philadelphia. To achieve this result, the White and Williams team managed an extensive discovery period over the course of four-years of litigation, conducted over sixty depositions, participated in court-ordered mediation and arbitration proceedings, and successfully represented Ventana during a bifurcated trial that spanned over the course of a year. Reprinted courtesy of Craig O'Neill, White and Williams, Lindsay Liebman, White and Williams, Kristen Nichols Wright, White and Williams, Zachary Roth, White and Williams and William Taylor, White and Williams Mr. O'Neill may be contacted at oneillc@whiteandwilliams.com Ms. Liebman may be contacted at liebmanl@whiteandwilliams.com Ms. Wright may be contacted at wrightk@whiteandwilliams.com Mr. Roth may be contacted at rothz@whiteandwilliams.com Mr. Taylor may be contacted at taylorw@whiteandwilliams.com Read the full story...

Emerging Issues in Construction CGL Insurance Part 2: The Separation of Insureds and Additional Insured Interests

September 29, 2026 — Eric M. Clarkson - SDV Fenchurch
Many coverage disputes hinge on first principles—the fundamentals of insurance —rather than the minutiae. Unfortunately, the basic anatomy of insurance policies can get lost sometimes when parties are laser-focused on a particular term or set of circumstances. This is true not just in disputes, but also when writing coverage. One of the fundamentals that is commonly misunderstood and overlooked—but which is absolutely critical to the intended operation of insurance coverage—is what is commonly known as the “separation of insureds.” The “separation of insureds” is the concept that each “insured” under a policy are referred to and treated differently, and most of all that the distinctions matter. The concept is usually included as a condition in the policy. It embodies the requirement that the policy applies to each insured distinctly from how it applies to other insureds. The ISO Form CGL policies specifically state that they apply “[s]eparately to each insured against whom a claim is made or ‘suit’ is brought.” The separate and distinct treatment of insureds is more critical in construction operations than anywhere else. This distinction is essential to ensure coverage works as intended, especially when contracted operations are involved, because the policy must insure the subcontractor that purchased the policy, the general contractor who hired the subcontractor, and the owner that hired the general contractor. Even small modifications can easily frustrate the intent of the parties. Read the full story...
Reprinted courtesy of Eric M. Clarkson, SDV Fenchurch
Mr. Clarkson may be contacted at eric.clarkson@sdvfenchurch.us

New Survey Reveals Overwhelmingly Optimistic Results on the Use of AI in Construction

May 14, 2026 — Construction Executive
On December 5, 2025, CMiC and Dodge released a survey asking over 6,000 companies across various sectors of the construction industry their stance on artificial intelligence—whether they use it or not; whether they like it or not; whether they have or are planning to implement it or not; and so on. Considering its reputation for skepticism and reluctance when it comes to adopting new forms of technology, the construction industry pleasantly surprised CMiC and Dodge with its answers to these questions, with 87% of contractors believing AI will have a meaningful impact on construction. “The research indicates the construction industry is nearing a tipping point for AI adoption,” says Steve Jones, senior director of industry insights at Dodge Construction Network, who sat down with Construction Executive to delve further into the survey questions and answers and what the industry’s current position on them means for AI’s future role in construction. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Water Reuse Emerges as a Critical Strategy for Data Center Development

June 22, 2026 — Ashleigh Myers, Jillian Marullo & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
As demand for data centers continues to accelerate, water availability is emerging as a critical factor in project development and long-term operations. Although power supply and transmission access have historically dominated siting discussions, increasing water constraints in many regions are placing greater focus on the substantial volumes of water required to support data center cooling systems. As we covered previously, data centers are frequently located in areas already experiencing water stress and require substantial volumes of water to operate—roughly 228 billion gallons in 2023 in the United States alone—with water use projected to increase by up to 170% by 2030. Alternative cooling options, such as free-air cooling or mechanical chillers, can reduce direct water consumption but introduce their own tradeoffs. Free-air cooling is climate-dependent and often ineffective in hotter regions, while mechanical chillers increase energy demand, potentially shifting water consumption upstream through increased electricity generation. Reprinted courtesy of Ashleigh Myers, Pillsbury, Jillian Marullo, Pillsbury and Jason Drogin Atwood, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

Construction Companies Are Nearly Seven Times Safer With These Best Practices

June 15, 2026 — ABC - Construction Executive
WASHINGTON, May 4—Associated Builders and Contractors released its 2026 Health and Safety Performance Report, an annual guide to health and safety best practices on construction jobsites. The 2026 report shows the positive effects of participating in ABC’s STEP® Health and Safety Management System, which enables top-performing ABC members to achieve incident rates 686% safer than the U.S. Bureau of Labor Statistics construction industry average, reducing total recordable incident rates by 85%. Established in 1989, STEP is a proven system that provides contractors and suppliers with a robust, no-cost framework for measuring health and safety data and benchmarking with peers in the industry. This self-assessment tool helps participants identify real opportunities for scalable growth in their health and safety programs to lower their total recordable incident rates and become an employer of choice in a competitive labor market. Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Nomos LLP Partner Garret Murai Recognized by Best Lawyers in America

September 08, 2026 — Garret D. Murai - California Construction Law Blog
Nomos LLP partner Garret Murai has been recognized in the 2027 edition of The Best Lawyers in America® in the area of Construction Law. Only about 5% of lawyers in the United States are recognized by Best Lawyers in America®. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Traub Lieberman Attorneys Recognized in the 2027 Edition of The Best Lawyers in America®

September 08, 2026 — Traub Lieberman
Traub Lieberman is pleased to announce that four Partners have been selected by their peers for inclusion in the 2027 edition of The Best Lawyers in America®. In addition, six attorneys have been included in the 2027 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s White Plains, NY; Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2027 Best Lawyers® White Plains, NY

Lisa L. Shrewsberry – Commercial Litigation

Chicago, IL

Brian C. Bassett – Insurance Law

Palm Beach Gardens, FL

Rina Clemens – Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants

St. Petersburg, FL

Lauren S. Curtis – Insurance Law

Read the full story...
Reprinted courtesy of Traub Lieberman

GORDON WISCONSIN CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES