Brogan Oregon Construction Expert Witness Directory

Ownership and Licensing in Design Agreements

April 14, 2026 — Abby Dvorkin - Snell & Wilmer
The ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project. Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a). Read the full story...
Reprinted courtesy of Abby Dvorkin, Snell & Wilmer
Ms. Dvorkin may be contacted at advorkin@swlaw.com

Data Center Construction: Contractors Must Step Up

May 26, 2026 — Aarni Heiskanen - AEC Business
I attended the Datacenter Forum 2026 in Helsinki last week. Over 400 people packed the room. Walking out, I had one overriding thought: Is construction operating in a different century from the technology it is being asked to house? Is Our Industry on Par? Ciarán Forde, Senior Vice President at CTS Nordics, opened the forum with a statement that set the tone for everything that followed: data centers are no longer just a technical challenge; they are a national strategy. Before AI, Ciarán had worked in telecoms, where data centers were already complex. But now, he said flatly, everything has changed, and the industry must rethink everything. The numbers behind the claim are staggering. Current AI data center racks run at 40 to 100 kW. In three years, 800 kW per rack is on the roadmap. And the development cycle for a new chip is roughly one year, which means deployments begin aging out almost as soon as they are commissioned. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

My Current Love-Hate Relationship with AI

June 08, 2026 — Garret D. Murai - California Construction Law Blog
It’s early in the relationship, I know. But still, there are some things that bug me. Yet, I also know that it’s a relationship in which leaving is not an option, and even if I could, it’s not to the point where it’s so bad that I would do so. So, if you would, let me gripe a bit. While there’s been much discussion about AI and, at least in my neck of the woods, a fair amount of discussion about how lawyers can, should, and must use AI or risk becoming discarded into the dustbin of history, much less has been written about clients’ use of AI. Increasingly, I’ve gotten the sense that my clients are using AI. For example, I had a client ask for confirmation that if he disagreed with an administrative decision that he could file a writ of mandate, and if so, whether that deadline was 30, 60 or 90 days after the administrative decision. The answer to the first question was yes, and as to the second question, the answer was 90 days. This was from a client who, smart as he is, probably didn’t know this off the top of his head. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Nationwide Preliminary Injunction Ordering Department of Defense to Resume Review of Wind Energy Projects

September 21, 2026 — Victor J. Roehm III, Christopher P. Colyer & Sara M. Ajeti - Snell & Wilmer
On August 6, 2026, the U.S. District Court for the District of Oregon granted a preliminary injunction in Renewable Northwest v. Hegseth, Case No. 3:26-cv-01092-IM, ordering the Department of Defense (DoD) to resume processing wind energy project applications under the existing statutory and regulatory framework and staying DoD’s review freeze pending final adjudication on the merits. Background In 2011, Congress created the Military Aviation and Installation Assurance Siting Clearinghouse (Clearinghouse) within DoD to review wind energy projects that might affect military operations. When a wind project developer files an application with the Federal Aviation Administration (FAA), the FAA refers it to DoD to determine whether the project poses an “unacceptable risk to the national security.” Reprinted courtesy of Victor J. Roehm III, Snell & Wilmer, Christopher P. Colyer, Snell & Wilmer and Sara M. Ajeti, Snell & Wilmer Mr. Roehm may be contacted at vroehm@swlaw.com Mr. Colyer may be contacted at ccolyer@swlaw.com Ms. Ajeti may be contacted at sajeti@swlaw.com Read the full story...

Insurer Cannot Dispose of Water Leak or Bad Faith Claims on Motion for Summary Judgment

July 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer’s motion for summary judgment seeking to eliminate the insured’s claims for damage from a water leak, bad faith and punitive damages failed. Nargizyan v, State Farm General Ins. Co., 2026 Cal App. LEXIS 302 (Cal. Ct. App. April 15, 2026). The insured noticed tiles on his kitchen floor were warmer than usual. He found water dripping from the top of the crawl space under the house. He noticed water was “dripping in different places” but not pouring like a faucet. “There were too many places to count where water was dripping and there was water all over the place.” Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

HDR Agreed to $12M Settlement With Miami Bridge Design-Build Team

May 12, 2026 — Richard Korman - Engineering News-Record
HDR last year agreed to pay $12 million to the design-build construction contractor Archer Western-de Moya Group to settle its claims that the engineer had incompletely designed and under-designed Miami's new Signature Bridge when the joint venture committed to a fixed price prior to construction in 2018. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

Data Center Construction and the AEC Partner of the Future

April 14, 2026 — Aarni Heiskanen - AEC Business
During my involvement in designing mobile phone production facilities, the speed of design and construction was critical. Any delay could directly translate into lost revenue. That same logic now applies to data centers, though the stakes are much higher. Instead of optimizing physical production lines, we are constructing infrastructure for digital production. The global data center capacity is expected to nearly double by 2030, and with this level of demand, the traditional project-by-project delivery model begins to show its limitations. Data centers are no longer isolated projects in the traditional sense. They are evolving into repeatable, scalable production systems, making them ideal environments for AEC process and business model innovation. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Lewis Brisbois Welcomes Clients and Community Leaders to New Garden City Office Opening

July 27, 2026 — Lewis Brisbois
On July 15, Lewis Brisbois hosted a ribbon-cutting event for its new Garden City office, which opened in April to serve the Long Island community and beyond. The event was attended by more than 100 people, including Lewis Brisbois attorneys and staff as well as clients, local business and government leaders, Nassau County Supreme Court judges, and members of the press. Nassau County Executive Bruce Blakeman delivered remarks and cut the ribbon for the office. Read the full story...
Reprinted courtesy of Lewis Brisbois

BROGAN OREGON CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES