OCONTO WISCONSIN CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

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

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Court to General Contractor: Too Late to Reclaim $600K Sub Overpayment

March 03, 2026 — Richard Korman - Engineering News-Record
Massachusetts contractors and their attorneys are once again testing the limits of the state's 15-year-old prompt-pay law, with concerned prime contractors asking an appeals court to overturn a lower court ruling that they believe gives subcontractors a powerful upper hand in payment disputes. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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Preventing Common and Costly Water Intrusion Events in Construction

July 13, 2026 — Andrew Swift - Construction Executive
Water leaking into a building is a leading cause of damage and loss in the construction industry. On one jobsite, heavy rains flooded a sub-basement, damaging a new electrical transformer—all because a roof drain was not property connected. On another jobsite, a drinking-fountain supply line broke in a multistory building that was undergoing renovation, causing water to run—undetected—for an entire weekend, resulting in water damage to all lower floors, where construction had been finished. Those loss scenarios could have been prevented with a comprehensive and effective water damage prevention plan (WDPP). This includes routine site inspections to identify uncontrolled water damage exposures and basic maintenance to make sure drains are clean of debris and divert them to a catch basin or low point away from the building. An effective WDPP plan also incorporates technology such as backflow preventers on sewer connections and water sensing technology to monitor the most vulnerable exposures. Reprinted courtesy of Andrew Swift, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Fourth Circuit Extends Coverage to Contractor

May 14, 2026 — Hunton Insurance Recovery Blog
The Fourth Circuit in APAC-Atlantic, Inc. v. Owners Insurance Co., No. 24-1969, 2026 WL 458402 (4th Cir. Feb. 18, 2026) recently endorsed broad coverage for additional insureds, interpreting “arising out of” broadly under North Carolina law to extend coverage to a repaving company under its subcontractor’s liability insurance policy. The court held that an additional insured’s liability “arising out of” a named insured’s work in an additional-insured endorsement means liability “relating to” or “causally connected to” the named insured’s operations, rather than liability defined more narrowly as “caused by” or “the fault of” the named insured. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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Breaking Ground On New California Public Works Prevailing Wage Requirements

April 27, 2026 — Heather Frisch, Christopher Bouquet & Ashley Stein - The Construction Seyt
Seyfarth Synopsis: As of January 1, 2026, AB 889 bulldozed California’s Prevailing Wage law, which impacts public works employers—including public agencies, the contractors that work for them, and private owners and developers whose projects may be subject to public works requirements. The amended law reframes the calculation of fringe benefits for individuals who work on public works project and mandates annualization of such benefits, demolishes the practice of frontloading these benefits, and requires employers to maintain inspection-ready records of compliance. This year, AB 889 significantly revised California’s prevailing wage law, codified at Labor Code section 1773.1, to clarify the state’s prevailing wage regulations and streamline enforcement. Accordingly, as of January 1, 2026, California public works employers are required to annualize employees’ fringe benefits and maintain specific documentation demonstrating statutory compliance. These new obligations impact public agencies and their contractors, as well as private owners and developers whose projects may be subject to public works requirements. Continue reading for the blueprint of how to comply with the state’s amended prevailing wage law. Reprinted courtesy of Heather Frisch, Seyfarth Shaw LLP, Christopher Bouquet, Seyfarth Shaw LLP and Ashley Stein, Seyfarth Shaw LLP Ms. Frisch may be contacted at hfrisch@seyfarth.com Mr. Bouquet may be contacted at cbouquet@seyfarth.com Ms. Stein may be contacted at astein@seyfarth.com Read the full story...

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Court Ends Trump Shutdown of NY's $5B Empire Wind, Second Offshore Project Revived

February 17, 2026 — Debra K. Rubin - Engineering News-Record
In a much-anticipated decision Jan. 15, the federal district court in Washington, D.C., revoked a construction shutdown ordered by the Trump administration against another major East Coast offshore wind project—the $5-billion Empire Wind underway south of New York City. The project's developer, Norway-based Equinor, won a stay and preliminary injunction in response to its lawsuit and one from the state, which aims to direct most of the project's planned 810 MW of power generation to the city's metro area. Read the full story...
Reprinted courtesy of Debra K. Rubin, Engineering News-Record
Ms. Rubin may be contacted at rubind@enr.com

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Tampa Team Obtains Highly Favorable Verdict for Property Owner Client in Lawsuit over Traffic Accident

March 24, 2026 — Lewis Brisbois Newsroom
Tampa Managing Partner John Rine and Partner Nick Dareneau obtained a very favorable verdict for their property owner client in a Sarasota County trial in a lawsuit arising from a traffic accident. At the end of closing arguments, plaintiff’s counsel requested appropriately $18 million from the jury. The jury returned a net verdict of just over a thousand dollars. The plaintiff was on a scooter and was involved in an accident with an SUV in a parking lot intersection. Our firm represented the property owner. The plaintiffs argued that the landscape vegetation was too tall and violated the sight lines of the two drivers, and that the height of the shrubbery violated the owner’s landscaping contract and a local sight line ordinance. They also argued that the intersection lacked a stop sign in contrast to the other six parking lot entrances, which had stop signs. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Chambers USA 2026 Recognizes Multiple Snell & Wilmer Attorneys and Practices

August 11, 2026 — Snell & Wilmer
PHOENIX – Snell & Wilmer is pleased to announce that its attorneys have received 57 individual recognitions in their respective fields, by Chambers USA: America’s Leading Lawyers for Business 2026. These prestigious rankings are driven by independent interviews with clients of the firm and members of the legal community. Read the full story...
Reprinted courtesy of Snell & Wilmer

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