WALKER KANSAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Massachusetts Nuclear Verdict Leads To $90M Bad Faith Award

February 10, 2026 — Eric B. Hermanson & Timothy J. Langan - White and Williams
Insurers in Massachusetts have long struggled with the demands of MGL ch. G.L.c 176D, § 3(9)(f), which requires “prompt, fair and equitable settlements of claims in which liability has become reasonably clear.” Last month a Superior Court ruling illustrated the potentially draconian consequences of a violation: finding an insurer liable for more than $90 million in bad faith damages, in a case that might have settled under $3 million with proper handling. The claimant, John Rooney, was a mason who fell off a scaffold at a construction site. He sued the general contractor. The general contractor, in turn, sought coverage as an additional insured under a series of Liberty Mutual policies issued to Rooney’s employer – the masonry company – with combined aggregate limits of $19.5 million. Reprinted courtesy of Eric B. Hermanson, White and Williams and Timothy J. Langan, White and Williams Mr. Hermanson may be contacted at hermansone@whiteandwilliams.com Mr. Langan may be contacted at langant@whiteandwilliams.com Thank You for Year 19 of Legal EliteJanuary 05, 2026 — Christopher G. Hill - Construction Law Musings
Thank you once a

Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy

March 10, 2026 — Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & Wilmer
On February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA. For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.” Reprinted courtesy of Brett W. Johnson, Snell & Wilmer, Derek Flint, Snell & Wilmer, T. Troy Galan, Snell & Wilmer and New LA Home Designs, Reimagined By FireJanuary 13, 2026 — Patrick Sisson - Bloomberg
One year after wildfires tore through neighborhoods in Los Angeles County, killing at least 31 people and destroying more than 10,000 buildings, architects and developers are rethinking what home looks like in LA, and how resilient residential architecture evolves. Recovery from the costly disaster is a long way away. So far, hundreds of ne

HHMR Attorneys Steve Heisdorffer and Dave McLain Named to 2026 Super Lawyers List

April 08, 2026 — Higgins, Hopkins, McLain & Roswell, LLC
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce that Steve Heisdorffer and Dave McLain have been selected to the 2026 Colorado Super Lawyers list for construction litigation. Mr. Heisdorffer has been consistently recognized in recent years for his work in construction litigation and related business disputes. Mr. McLain has been recognized by Super Lawyers each year from 2020 through 2026, following his earlier inclusion on the Rising Stars list from 2009 through 2012. Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be MessyMarch 10, 2026 — Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & Wilmer
On February 2

BWB&O’s LA Team Secures a Defense Victory for General Contractor Client in Riverside Superior Court!

January 13, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Woodland Hills Partner Daniel Crespo and Associate Lauren Landau for securing a defense victory on behalf of one of our general contractor clients! The Riverside Superior Court granted summary judgment in favor of our client, finding the plaintiff’s core allegation was flatly contradicted by video evidence. The Court held that surveillance footage conclusively showed the minor did not fall into an “open trench” as alleged, but instead fell after voluntarily jumping over a temporary construction fence stabilizer. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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One Industry, One Goal: Construction Safety Week 2026

May 05, 2026 — Maggie Murphy - Construction Executive
Construction safety has long been a top priority across the industry. Yet fatality rates have remained stubbornly flat for more than a decade. Steven Carter, global health and safety director at Gilbane chair company for Construction Safety Week 2026—believes the industry has reached a pivotal moment. This year’s theme—”All In Together: Recognize. Respond. Respect.”—is a unified call to action for owners, designers, contractors and craft professionals around a shared, risk-based approach to preventing serious injuries and fatalities. In a recent interview with Construction Executive, Carter discusses why the industry must move beyond incremental improvements, how technology and AI can support better planning and what it will take to create a true culture of psychological safety on jobsites. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
Quick Note: In

GRSM Attorneys Selected to 2025 Super Lawyers and Rising Stars Lists

January 06, 2026 — Gordon Rees Scully Mansukhani
Super Lawyers® has released its 2025 attorney lists across various regions of the United States. This year, 189 Gordon Rees Scully Mansukhani attorneys have been selected, with 60 named to Super Lawyers and 129 named to Rising Stars. *For attorneys licensed to practice in New Jersey: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers and Rising Stars selection methodology. GRSM Super Lawyers 2025 Northern California Michael D. Bruno David C. Capell Lisa M. Cappelluti Dion N. Cominos Matthew S. Foy Natalie Fujikawa Marie Trimble Holvick Michael A. Laurenson Michael J. Pietrykowski Andrew I. Port Gina Stassi Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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SDNY Ruling Highlights Privilege Risks in Client Use of Generative AI

March 03, 2026 — Christopher J. Olsen, Freddy X. Muñoz & Gary M. Stein - Peckar & Abramson, P.C.
Artificial intelligence is quickly becoming a go‑to tool for aggregating and summarizing large volumes of data, formulating and testing arguments, and even sketching litigation strategies. But a recent ruling from the Southern District of New York serves as a stark warning: when clients turn to generative AI for legal strategy, they may be unknowingly turning privileged information over to a third party and then creating documents that may later be discoverable in litigation. In a closely watched bench decision, Judge Rakoff ruled that AI‑generated documents created by the target of a criminal investigation using Anthropic’s Claude were not privileged despite being generated with information learned from his attorneys to support his potential legal defense and then shared with his counsel. The decision highlights the unresolved and increasingly consequential intersection of AI, privilege, and discovery. Facts Bradley Heppner received a grand jury subpoena and hired attorneys at Quinn Emanuel to represent him. After learning he was a target of the investigation, but before he was arrested, he created 31 documents with Claude using information from his attorneys to outline a potential defense strategy. He was later arrested on charges of securities and wire fraud, and federal agents seized his electronic devices, which contained the 31 documents that had been provided to his attorneys. Mr. Heppner argued that the documents were created to prepare his potential defense strategy in anticipation of an indictment, but he conceded that he made the decision to prepare the reports on his own, i.e., not at the direction of counsel. He nevertheless claimed the documents were protected from disclosure by the attorney-client privilege and work product doctrine; the government moved to overrule the objections. Reprinted courtesy of Christopher J. Olsen, Peckar & Abramson, P.C., Freddy X. Muñoz, Peckar & Abrams
A Year Later, Homeowners Still Repairing Damage from Sandy

Trial Victory in San Mateo County!

John Aho: Engineer Pushed for Seismic Safety in Alaska Ahead of 2018 Earthquake

Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect

Increasing Use of Construction Job Cameras

Don’t Assume Your Insurance Covers A Newly Acquired Company

When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee

The Supreme Court’s Administrative and Regulatory Law Rulings in the 2024 Term and Preview of Cases to Be Decided in Fall 2025

Congratulations to Nicole Whyte, Keith Bremer, John Toohey, and Tyler Offenhauser for Being Recognized as 2022 Super Lawyers!

So You Want to Build a Safety Plan

“Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

Halliburton to Pay $1.1 Billion to Settle Spill Lawsuits

PSA: Getting the First Mechanic’s Lien on a Project is a PlusThoughts on New Pay if Paid Legislation

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

How Berlin’s Futuristic Airport Became a $6 Billion Embarrassment

The ALI Restatement – What Lies Ahead?

Not to Miss at This Year’s Archtober Festival

Top 10 Take-Aways from the 2025 Annual Meeting in Austin

AECOM Out as General Contractor on $1.6B MSG Sphere in Las Vegas

Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

When Do Hard-Nosed Negotiations Become Coercion? Or, When Should You Feel Unlucky?

White and Williams LLP is Honored to be Recognized Among the 2026 Best Law Firms Ranked by Best Lawyers®

Federal Judge Vacates CDC Eviction Moratorium Nationwide

Another Municipality Takes Action to Address the Lack of Condominiums Being Built in its Jurisdiction

Open & Known Hazards Under the Kinsman Exception to Privette

Brown Paint Doesn’t Cover Up Construction Defects

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

Managing Once-in-a-Generation Construction Problems – Part II

Insurer Could Not Rely on Extrinsic Evidence to Circumvent Its Duty to Defend

Solicitor General’s Views to Supreme Court on Two Circuit Court Rulings that Groundwater Can be Considered “Waters of the United States”

Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

Water Alone is Not Property Damage under a CGL policy in Connecticut

New York Converting Unlikely Buildings into Condominiums

Ontario Court of Appeal Clarifies the Meaning of "Living in the Same Household" for Purposes of Coverage Under a Homeowners Policy

Safety Guidance for the Prevention of the Coronavirus on Construction Sites

Jurisdiction Over Foreign Manufacturers in Construction Litigation

Contractor Gets Green Light to Fix Two Fractured Girders at Salesforce Transit Center

Federal Court Predicts Coverage In Nevada for Damage Caused by Faulty Workmanship

Requesting an Allocation Between Covered and Non-Covered Damages? [Do] Think Twice, It’s [Not Always] All Right.

U.S. State Adoption of the National Electrical Code

Remodel Leaves Guitarist’s Home Leaky and Moldy

Best Lawyers® Recognizes 40 White and Williams Lawyers

When Every Drop Matters, Cities Turn to Watertech

New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents

GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

English v. RKK- There is Even More to the Story

Jason Poore Receives 2018 Joseph H. Foster Young Lawyer Award

Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law FirmsTM of 2023 by Construction Executive

An Insurance Policy Isn’t Ambiguous Just Because You Want It to Be

Michigan Lawmakers Pass $4.7B Infrastructure Spending Bill

Liability Insurer Precluded from Intervening in Insured’s Lawsuit

Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

Los Angeles Warehousing Mecca Halts Expansion Just as Needs Soar

Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims

Texas Mechanic’s Lien Law Update: New Law Brings a Little Relief for Subcontractors and a Lot of Relief for Design Professionals

HOA Has No Claim to Extend Statute of Limitations in Construction Defect Case

The Power of Planning: Four Key Themes for Mitigating Risk in Construction

New Jersey’s Proposed Construction Defect Law May Not Cover Everything

Lewis Brisbois Ranked Tier 1 Nationally for Seven Practice Areas in 2026 Best Law Firms

Seattle’s Residential Zoning Transformation: What Property Owners, Buyers, and Investors Should Understand

Four Companies Sued in Pool Electrocution Case

Factual Issues Prevent Summary Judgment Determination on Coverage for Additional Insured