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    Construction Expert Witness News and Information
    For Washington District Of Columbia

    Will Claims By Contractors on Big Design-Build Projects Ever End?

    Changes to Arkansas Construction and Home Repair Laws

    Guidance for Structural Fire Engineering Making Its Debut

    Appellate Court Endorses Discretionary Test for Vicarious Disqualification of Law Firms Due To New Attorney’s Conflict

    Colorado House Bill 25-1261 Will Skyrocket Housing Costs — Here’s Why You Should Oppose It

    Substantial Completion Explained: What Contractors & Owners Should Know

    Contractor’s Burden When It Comes to Delay

    2024 Construction Law Update

    Account for the Imposition of Material Tariffs in your Construction Contract

    Condo Board May Be Negligent for not Filing Construction Defect Suit in a Timely Fashion

    Superior Court Of Pennsylvania Holds Curb Construction Falls Within The Scope Of CASPA

    Monitoring Building Moisture with RFID – Interview with Jarmo Tuppurainen

    New York Court Enforces Construction Management Exclusion

    Job Gains a Positive for Housing

    Georgia Passes Solar CUVA Bill

    Insolvency of Primary Carrier Does Not Invoke Excess Coverage

    Construction Law Alert: A Specialty License May Not Be Required If Work Covered By Another License

    Two Paths to Industrialized Construction: Lessons from China

    Toll Brothers Climbs After Builder Reports Higher Sales

    Home Builder Doesn’t See Long Impact from Hurricane

    Function Over Form: Eighth Circuit Narrows Application of Cosmetic Damage Exclusion

    Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony

    CDJ’s #4 Topic of the Year: KB Home Greater Los Angeles, Inc. v. The Superior Court of Los Angeles County

    Public Contract Code 9204 – A New Mandatory Claims Process for Contractors and Subcontractors – and a Possible Trap for the Unwary

    A Look at Trending Legislative Changes Impacting Workers' Comp

    Scaffolding Collapse Kills Workers at China Construction Site

    Federal Judge Dismisses Insurance Coverage Lawsuit In Construction Defect Case

    Liability Insurer’s Duty To Defend Insured Is Broader Than Its Duty To Indemnify

    AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

    The Creation of San Fransokyo

    Ruling Dealing with Constructive Changes, Constructive Suspension, and the Implied Covenant of Good Faith and Fair Dealing

    Extrinsic Evidence, or Eight Corners? Texas Court Sheds Light on Determining the Duty to Defend

    The Flood Insurance Reform Act May be Extended to 2016

    Thank You!

    Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute

    Texas Law Bars Coverage under Homeowner’s Policy for Mold Damage

    Insured's Claim for Water Damage Dismissed with Leave to Amend

    David M. McLain to Speak at the CLM Claims College - School of Construction - Scholarships Available

    Hawaii State Senate Requires CGL Carriers to Submit Premium Information To State Legislature

    SunEdison Gets Shinsei Bank Funding for Japan Solar Power Plant

    Understanding the Details: Suing Architects and Engineers Can Get Technical

    Kahana Feld Partner Jeff Miragliotta and Senior Associate Rachael Marvin Obtain Early Dismissal of Commercial Litigation Cases in New York and New Jersey

    Florida Self-Insured Retention Satisfaction and Made Whole Doctrine

    BHA has a Nice Swing: Firm Supports CDCCF Charity at 2014 WCC Seminar

    2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots

    A Word to the Wise about Construction Defects

    Discovery Requests in Bad Faith Litigation Considered by Court

    On-Site Supersensing and the Future of Construction Automation – Discussion with Aviad Almagor

    Trade Contract Revisions to Address COVID-19

    Big Changes and Trends in the Real Estate Industry
    Corporate Profile

    WASHINGTON DISTRICT OF COLUMBIA CONSTRUCTION EXPERT WITNESS
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    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Washington, District Of Columbia Construction Expert Witness Group provides a wide range of trial support and consulting services to Washington's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Construction Expert Witness News & Info
    Washington, District Of Columbia

    That’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement Unenforceable

    May 14, 2026 —
    In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of Service.” Duffy did not have to open the link or scroll to the bottom of the agreement before being able to click on the checkmark box. The Terms of Service included an arbitration provision requiring that any dispute related to the moving services to be resolved by arbitration in accordance with the American Arbitration Association. The Terms of Service did not include any statement that the user was waiving the right to a jury trial. The Superior Court found the internet Terms of Service unenforceable. During the moving process, an accident occurred and injured Duffy. In May 2024, Duffy and his wife sued Dolly and other related entities alleging negligence and loss of consortium. Dolly filed preliminary objections alleging that the parties agreed to alternative dispute resolution. The lower court overruled the preliminary objections, finding that Dolly’s website did not provide reasonably obvious notice of its Terms of Service to Duffy and, as such, Duffy never agreed to waive his constructional right to a jury trial. Dolly filed an appeal to the Superior Court. Read the full story...
    Reprinted courtesy of Gus Sara, White and Williams LLP
    Mr. Sara may be contacted at sarag@whiteandwilliams.com

    Supply Chain Is a Legal Exposure—Not Just a Force Majeure Problem

    September 08, 2026 —
    This is not another force majeure article. The supply-chain related legal exposure that contractors are carrying today—in sanctions risk, specification non-compliance, warranty exposure and regulatory volatility—extends well beyond what even a well-drafted force majeure clause protects. An engineering, procurement and construction contractor on a gas-fired power plant discovers during commissioning that transformer oil in a critical unit contains Russian-origin naphthenic base oil, which is a prohibited source under Office of Foreign Assets Control sanctions. The contractor didn’t source it. A subsupplier two tiers below made the substitution when disruptions in the Strait of Hormuz tightened the primary supply chain for this specialty product and no one in the purchase-order chain flagged it. The procurement decision is long done and the documentation trail that should have caught it doesn’t exist. Reprinted courtesy of Owen Newman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Mr. Newman may be contacted at oknewman@duanemorris.com

    The Best Lawyers in America® - Ball Janik Attorneys Earn Multiple Recognitions

    September 01, 2026 —
    Orlando, FL, August 20, 2026 – Ball Janik LLP is pleased to announce that 24 of its attorneys have been recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. The 33rd Best Lawyers edition recognitions are based on peer review and highlight attorneys across a range of practice areas. This recognition underscores the broad experience Ball Janik's attorneys bring to the firm's construction defect practice. "We're proud to be recognized by Best Lawyers again this year," said James C. Prichard, Managing Partner of Ball Janik LLP. "These honors reflect the expertise and depth of our team, our continued growth across Florida, and our commitment to providing strong counsel to clients in complex construction, insurance recovery, and litigation matters." Ball Janik attorneys recognized in the 2027 edition of The Best Lawyers in America® include: Keegan A. Berry — Construction Law Brian T. Crevasse — Construction Law; Litigation - Construction Todd Demetriades — Litigation - Construction Joseph R. Fitos — Construction Law; Litigation - Construction Megan A. Picataggio — Construction Law Jon E. Lemole — Construction Law; Litigation - Construction Salvatore G. Scro — Construction Law Nicholas B. Vargo — Construction Law; Litigation - Construction Kelly M. Corcoran — Construction Law Gabriel Z. Coelho — Construction Law Evan J. Small — Construction Law; Litigation - Construction Franchesco Soto — Construction Law; Litigation - Construction Phillip E. Joseph — Litigation - Construction; Real Estate Law James C. Prichard — Construction Law Ball Janik attorneys recognized in the 2027 edition of Best Lawyers: Ones to Watch® in America include: Nicholas Passantino — Litigation - Construction Amanda L. Gonzalez — Construction Law; Litigation - Construction Morgan N. Lester — Litigation - Construction Chris S. Tribbey — Construction Law Kyle Bugden — Construction Law; Litigation - Construction Brian Tannenbaum — Construction Law Kayla Mosquera — Insurance Law Natasha L. Biela — Commercial Litigation Elijah C. Waring, Jr. — Product Liability Litigation - Defendants Greg K. Demers — Construction Law About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 70-plus attorneys and paralegals in five offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, including for its construction law capabilities in Florida, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, Super Lawyers, and Corporate International. Read more at www.balljanik.com.

    Drilling Rig Topples at Citadel Miami Headquarters Site, Injuring Four

    October 12, 2026 —
    An 85-ft drilling rig working at the site of Citadel's planned global headquarters in Miami toppled into Brickell Bay Drive Sept. 14, striking vehicles and a construction container, sending three workers and a motorist to hospitals. Read the full story...
    Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
    Mr. Gottlieb may be contacted at gottliebb@enr.com

    Denis Serkin and Michael S. Zicherman Co-Edit/Author Lexology Panoramic: Construction 2027

    August 03, 2026 —
    P&A partners Denis Serkin and Michael S. Zicherman served as co-editors and authors of Lexology’s Panoramic: Construction 2027 – US and Global guide. Formerly Getting the Deal Through, Lexology Panoramic provides members of the construction industry and construction-related legal and business providers with side-by-side comparison of key industry issues in 19 jurisdictions worldwide. Reprinted courtesy of Denis Serkin, Peckar & Abramson, P.C. and Michael S. Zicherman, Peckar & Abramson, P.C. Mr. Serkin may be contacted at dserkin@pecklaw.com Mr. Zicherman may be contacted at mzicherman@pecklaw.com Read the full story...

    How AEC Firms Move AI Beyond the Pilot

    July 27, 2026 —
    Most AEC firms can run an AI pilot, but few can scale it. Enthusiasm for a first experiment rarely extends beyond the pilot team, leaving the pilot as an isolated win that never changes how the company works. In a recent AEC Business Podcast episode, Adeline Chan, CEO and co-founder of Hong Kong-based AAL Innovation, explained why that gap exists and what separates the firms that close it from those that stall. The Pilot Mindset that Holds Construction Back Adeline draws a sharp contrast between finance and construction. Banks cannot afford to fall behind their competitors, so they pilot constantly, sometimes running hundreds of proof-of-concept teams in parallel and letting them compete internally to identify the approach that works. The winning concept becomes the standard and scales across the organization, and the return on investment is measured in undeniable numbers. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Flatiron Said Disputed Concrete Mix Cost Millions on Large Caltrans Project

    June 22, 2026 —
    For awhile in 2023, part of the California Dept. of Transportation's (Caltrans) Fix 50 HOV lane and resurfacing project in Sacramento itself needed to be fixed. Reprinted courtesy of Elaine Silver, Engineering News-Record and Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

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

    May 14, 2026 —
    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...