LA GRANGE ILLINOIS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Will the YIMBY ‘Holy Grail’ Deliver an LA Building Boom?

December 08, 2025 — Patrick Sisson - Bloomberg
When California Governor Gavin Newsom signed State Bill 79 into law on Oct. 10, supporters of the pro-housing “Yes In My Backyard” movement celebrated a legislative victory that had been called a YIMBY “holy grail.” By legalizing multistory apartments near transit stops in the state’s most urbanized counties — and crucially, in areas formerly zoned for single-family homes — SB 79 was hailed as a huge step toward closing California’s longstanding affordable housing gap. Along with recent reform of the state’s infamous project-delaying environmental review law, CEQA, SB 79 boosters like the advocacy group California YIMBY say that the legislation can unlock the promised goal of “housing abundance” when it comes into effect on July 1, 2026. Now comes the hard part — especially in places like Los Angeles. There, SB 79 faces fierce opposition from co

Managing Tariff Volatility in Cross‑Border U.S. Construction Projects: Practical Contract‑Drafting and Procurement Strategies

March 10, 2026 — Sara Beiro Farabow & Michael Wagner - The Construction Seyt
Volatile U.S. tariff announcements continue to affect international supply chains for U.S. construction projects. Although recent litigation has centered on the scope of presidential tariff authority rather than construction‑specific disputes, these decisions carry importa

Builders Oppose Senate Housing Bill Over Investor Ban Provision

March 24, 2026 — Katy O'Donnell - Bloomberg
A powerful group representing the nation’s home builders is coming out against the most significant housing legislation in more than a decade over a provision negotiated by the White House that would restrict institutional investors from purchasing single-family homes. The builders’ objection could imperil the bill’s chances of becoming law, even as leaders of both parties are desperate to show they are doing something to alleviate voters’ cost-of-living concerns. The Senate voted 90-8 to clear a procedural hurdle for the bill on Wednesday, with a vote on final passage expected early next week. The inclusion of the investor ban in a broader housing bill was key to getting the White House on board, Senate Banking Committee Chairman Tim Scott, a Republican from South Carolina, told reporters Tuesday. Read the full story...
Reprinted courtesy of Katy O'Donnell, Bloomberg

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When Is a Survival Clause Absolutely Necessa

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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Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra Win Motion for Summary Judgment

January 21, 2026 — Traub Lieberman
Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra recently won a motion for summary judgment in favor of an insurer in a matter brought before the United States District Court for the Southern District of Florida. In the underlying lawsuit, the insured, a property management company, was being sued in a wrongful death action arising from a shooting that occurred in the common area of a multi-family residential property managed by the insured. The insurer agreed to provide a defense to its insured in the wrongful death action, subject to a reservation of rights based on the policy’s Conditional Coverage Endorsement, which contains various conditions the insured must meet in order for coverage to be triggered under the policy. One of those conditions requires the insured to ensure that a property owner’s insurance policy must not contain any restrictions for assault and battery (“A&B”) exposures, including a sublimit for A&B claims. In this case, the property owner’s insurance policy did indeed contain a sublimit for A&B claims. Read the full story...
Reprinted courtesy of Traub Lieberman

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Insurer’s Late Notice Argument Fails Due to Lack of Prejudice

December 30, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court refused to dismiss the insured’s claim for hail damage based on late notice because the insurer failed to demonstrate it had suffered prejudice. Borene UMC v. Church Mut. Ins. Co., 2025 U.S. Dist. LEXIS 210767 (W.D. Texas Oct. 27, 2025). Boerne UMC owned multiple buildings that were allegedly damaged during a hailstorm that occurred in May 2021. In August 2022, Boerne hired a contractor to inspect the roofs. The contractor found damage to several roofs and HVAC units and prepared an estimate for repair of over $700,000. Boerne submitted a claim to

VF Law Strengthens Litigation Practice with Experienced Litigation Attorney Andre Egle in the Seattle Office

October 27, 2025 — VF Law
Seattle, WA - VF Law, a full-service law firm, is pleased to announce that seasoned litigator, Andre Egle, has joined the firm. Andre has over 20 years of experience in commercial litigation, representing large and small businesses, as well as individuals, including bui

Climate Superfund Litigation: Courts Split on Venue and Intervention in New York and Vermont Cases

October 27, 2025 — Amanda G. Halter, Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
Coalitions of Republican-led states, industry associations led by the U.S. Chamber of Commerce, and, most recently, the U.S. Department of Justice are testing “climate superfund” laws that aim to recover billions from carbon majors for climate adaptation costs. Recent rulings in lawsuits challenging the New York and Vermont statutes have split cases across courts and reached opposite outcomes on intervention: In New York, cases are being split between the Northern and Southern Districts and intervention efforts by nonprofits have been blocked, while in Vermont, the district court has allowed environmental organizations to join the defense of the statutes in two cases. Southern District of New York Splits the Cases On September 8, Judge Mary Kay Vyskocil ordered transfer of the Chamber of Commerce’s suit - joined by the American Petroleum Institute, the National Mining Association, and the Business Council of New York State - to the Northern District. The court found the case “substantially similar” to West Virginia v. James, the coalition suit brought by 22 states and four industry groups, and concluded that efficiency and consistency favored transfer under both 28 U.S.C. 1404(a) and the first-filed rule. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

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Reminder: You Can’t Make Others Indemnify You for Your Own Actions

January 13, 2026 — Christopher G. Hill - Construction Law Musings
I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case, Sauer Construction, LLC v. MC3 Solutions, LLC et al. In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.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 stora
Sobering Facts for Construction Safety Day

Insurer Not Responsible for Insured's Assignment of Policy Benefits

Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing
U.S. Navy Sailors Sue Tokyo Utility Company Over Radiation Poisoning

Public-Employee Union Fees, Water Wars Are Key in High Court Rulings

Lauren Motola-Davis Honored By Providence Business News as a 2021 Leader & Achiever

Georgia Supreme Court Rules Construction Defects Can Constitute an Occurrence in CGL Policies

Louisiana Coupl
You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors

When is Mediation Appropriate for Your Construction Case?

Fatal Crane Collapse in Seattle Prompts Questions About Disassembly Procedures

Is Your Contract “Mission Essential?” Recovering Costs for Performing During a Force Majeure Event Under Federal Regulations

Colorado Supreme Court to Hear Colorado Pool Systems, Inc. v. Scottsdale Insurance Company, et al.

Hudson Tunnel Plan Shows Sign of Life as U.S. Speeds Review

New England Construction Defect Law Groups to Combine

Drop in Civil Trials May Cause Problems for Construction Defect Cases

HEI Civil's Colorado Division is Awarded the 2024 NUCA William H. Feather Safety Award For 1,000,000+ Manhours

Finding an "Occurrence," Appellate Court Rules Insurer Must Defend

No Coverage for Home Damaged by Falling Boulders

Ten Years After Colorado’s Adverse Possession Amendment: a brief look backwards and forwards

Angels Among Us

…More on Delay Claims and the Burden of Proof Substantiating Delay

Professional Liability Alert: California Appellate Courts In Conflict Regarding Statute of Limitations for Malicious Prosecution Suits Against Attorneys

California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies

Designing a Fair Standard of Care in Design Agreements

Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits

Contractual Fee-Shifting in Litigation: Who Pays the Price?

Summary Judgment for Insurer Reversed Based on Expert Opinion

Homeowners Sue Over Sinkholes, Use Cash for Other Things

Chicago Aldermen Tell Casino Bidders: This Is a Union Town

Terminating A Subcontractor Or Sub-Tier Contractor—Not So Fast—Read Your Contract!

Eight Payne & Fears Attorneys Named 2025 Southern California Super Lawyers

Vacation during a Project? Time for your Construction Documents to Shine!

Landlords, Brace Yourselves: New Law Now Limits Your Rental Increases & Terminations

What Types of “Damages Claims” Survive a Trustee’s Sale?

Hurricane Ian: Florida Expedites Road Work as Damage Comes Into Focus

California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

Hundreds of Snakes Discovered in Santa Ana Home

Caveat Emptor (“Buyer Beware!”) Exceptions

Feds Withdraw $4.9B Conditional Loan Guarantee for Grain Belt Express Power Line

Veolia Water Technologies, Inc. v. Antero Treatment LLC: Colorado Court of Appeals Addresses Fraud in Design-Build Contracts

The ALI Restatement – What Lies Ahead?

When is Forum Selection in a Construction Contract Enforceable?

Time to Negotiate Limitation on Remedies and Damages Is on the Front End

Thanks to All for the 2024 Super Lawyers Nod!

Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

Hilary Soaks California With Flooding Rain and Snarls Flights

Insurer Has Duty to Defend Despite Construction Defects

How to Make the Construction Dispute Resolution Process More Efficient and Less Expensive

The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law

Look Up And Look Out: Increased Antitrust Enforcement Of Horizontal No-Poach Agreements Signals Heightened Scrutiny Of Vertical Agreements May Be Next

Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment

The Housing Market Is Softening, But Home Depot and Lowe's Are Crushing It

California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien

Ohio Court of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims

Always Keep Your Time Limits in Mind—to Know When You Can Sue, and When You Can No Longer Be Sued (Law Note)

David McLain Recognized Among the 2021 Edition of The Best Lawyers in America© for Construction Law

The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.
hp?cdjs=514846860">Fifth Circuit Certifies Eight-Corners Duty to Defend Issue to Texas Supreme Court

Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates, Trouble for the Real Estate Market and Real Estate as a Long-Term Investment

Decision from Hawaii Supreme Court Amplifies Reasoning for its Prior Order in Maui Fire Cases

Five Haight Attorneys Selected for Best Lawyers in America© 2021

Consumer Protection Act Whacks Seattle Roofing Contractor

Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

Counterpoint: Washington Supreme Court to Rule on Resulting Losses in Insurance Disputes

Economic Waste Doctrine and Construction Defects / Nonconforming Work

The Law Clinic Paves Way to the Digitalization of Built Environment Processes

An Increase of US Metro Areas’ with Normal Housing & Economic Health

“Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint

Haight Expands California Reach – Opens Office in Sacramento