Yale Michigan Construction Expert Witness Directory

Construction Contract Negotiation & Drafting: A Practical Checklist (and Where State-Specific Issues Can Surprise You)

April 20, 2026 — Michelle Cooper - Sheppard Construction and Infrastructure Law Blog
Construction contract negotiation is often treated as a “forms exercise,” especially when the parties start from familiar templates (e.g., AIA forms). In practice, though, the biggest problems tend to arise not from the existence of a form, but from (i) misalignment among the project’s governing documents and participants, (ii) ambiguity in pricing and payment mechanics, and (iii) state-specific statutory requirements that override negotiated terms. This article includes a practical checklist intended to help owners, developers, and contractors streamline contract negotiations, reduce downstream disputes, and avoid unpleasant surprises during payment administration. Read the full story...
Reprinted courtesy of Michelle Cooper, Sheppard
Ms. Cooper may be contacted at mcooper@sheppard.com

World's Longest Immersed Tunnel Passes Milestone, But Faces Delays

August 03, 2026 — James Leggate - Engineering News-Record
Work on the $8-billion Fehmarnbelt Tunnel, which is planned to link Germany and Denmark as the world’s longest immersed tunnel, is progressing as crews achieved a milestone last month with the successful immersion of its first precast concrete element. But Danish state-owned project owner Femern A/S says the plan is now running at least two years behind schedule and the tunnel’s road and rail portions will open in two separate stages. Read the full story...
Reprinted courtesy of James Leggate, Engineering News-Record
Mr. Leggate may be contacted at leggatej@enr.com

Four Kahana Feld Attorneys Selected to 2027 Southern California Super Lawyers® and Rising Stars Lists

August 16, 2026 — Kahana Feld
IRVINE, CA – Aug. 3, 2026 – Kahana Feld is pleased to announce that partners Jason Feld, Amir Kahana, and Sharon Oh-Kubisch were selected to the 2027 Southern California Super Lawyers list, and attorney Hannah Ellenhorn Bloom was selected to the 2027 Southern California Super Lawyers Rising Stars list. Jason Feld was recognized in the area of Construction Litigation. He is a founding partner of Kahana Feld and focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors. Read the full story...
Reprinted courtesy of Kahana Feld

Oracle's $16B Michigan Data Center Secures Financing as Power Contracts Face Appeals

June 08, 2026 — Bryan Gottlieb - Engineering News-Record
A $16 billion hyperscale data center under construction outside Ann Arbor, Mich., has secured financing backed by Blackstone and other institutional investors, even as the project's power supply agreements now face a legal challenge before the Michigan Court of Appeals. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

The AI Knows Too Much: When Employees Feed Trade Secrets into Generative AI Tools

April 14, 2026 — Kazim A. Naqvi & John V. Mysliwiec - Sheppard
Every time an employee pastes proprietary source code, a customer list, or a confidential business strategy into ChatGPT, Claude, or Google Gemini, they may be quietly dismantling the legal protections that make those secrets worth protecting. Courts and regulators are only beginning to grapple with this problem, and right now, the burden of preventing it falls squarely on employers. The Legal Stakes Under the federal Defend Trade Secrets Act (“DTSA”) and the Uniform Trade Secrets Act (“UTSA”) as adopted across most states, a trade secret plaintiff must show that the information at issue was subject to reasonable measures to maintain its secrecy. Courts have historically credited measures like confidentiality agreements, physical access controls, and employee training—but those safeguards were designed for a world of thumb drives and disgruntled employees. They were not built for a world where a well-meaning engineer can, in seconds, transmit an entire corpus of proprietary data to a third-party AI platform operating under terms of service that may permit the provider to use inputs for model training. Reprinted courtesy of Kazim A. Naqvi, Sheppard and John V. Mysliwiec, Sheppard Mr. Naqvi may be contacted at knaqvi@sheppard.com Mr. Mysliwiec may be contacted at jmysliwiec@sheppard.com Read the full story...

HHMR and Every One of its Partners Recognized by Legal 500 in Denver Elite – Real Estate

April 20, 2026 — David McLain - Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce its recognition as a Tier 1 firm in the Denver Elite rankings for Real Estate, a category that includes construction law and construction litigation, by The Legal 500. In addition, each of the firm’s partners has been individually recognized in the same rankings. The firm’s individual recognitions include:

David M. McLain — Tier 1
Ricky L. Nolen, Jr. — Tier 2
Lisa Bondy Dunn — Tier 3

Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

From CERCLA to Drinking Water: D.C. Circuit’s PFAS Ruling Enters a Second Regulatory Fight

October 06, 2026 — Ashleigh K. Myers, Amanda G. Halter & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
On August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit upheld EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In Chamber of Commerce of the United States v. EPA, the court rejected challenges to EPA’s interpretation of CERCLA Section 102(a), the adequacy of its notice and comment process, its analysis of costs and benefits, and its decision to proceed despite uncertainty about future response actions and costs. This decision is already being invoked in a separate D.C. Circuit challenge to EPA’s 2024 PFAS drinking water rule promulgated under the Safe Drinking Water Act (SDWA). Six days after the CERCLA decision, respondent intervenors cited it as supplemental authority in American Water Works Association v. EPA, No. 24-1188, ahead of oral argument scheduled for September 18, 2026. The Chamber of Commerce decision may assist the respondent intervenors on certain notice and comment and economic analysis arguments, but its significance should not be overstated. The principal challenges to the standards for the four PFAS subject to EPA’s Hazard Index-based maximum contaminant level (MCL) turn on requirements specific to the SDWA, and EPA itself now agrees that those provisions were promulgated through an unlawful process. Reprinted courtesy of Ashleigh K. Myers, Pillsbury, Amanda G. Halter, Pillsbury and Jillian Marullo, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

Location, Location, Location — But Which One? The Few Words in Your Construction Contract that Pick Where You Fight

June 29, 2026 — Brad Sands - ConsensusDocs
Most professionals know the old real estate line: location, location, location. It turns out to be just as true for construction contracts as it is for property. Consider a recent case involving a project owner that hired two design firms for a project. When issues arose during construction, the owner sued the design firms in state court in Brazoria County, Texas, pursuant to the forum selection clause in the parties’ contracts. The defendants then removed the case to the federal district court in Galveston, a courthouse in a different county. But the owner wanted the case back in Brazoria County state court. Whether it got its wish came down to two words in the contract: “situated in.” This article is about words like those. A construction contract’s forum selection clause names the place for the fight nobody plans to have, and where that fight happens can shape how it goes. This article explains why the wording in your forum selection clause deserves careful reading before you sign a construction contract. It is not a deep dive into the mechanics of federal removal jurisdiction, and it is not an academic comparison of the terms “forum” and “venue.” Instead, it is a practical look at how courts actually read these clauses, so the location of a future fight is the one you intended. Read the full story...
Reprinted courtesy of Brad Sands, Jones Walker, LLP
Mr. Sands may be contacted at bsands@joneswalker.com

YALE MICHIGAN CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES