Cambridge Massachusetts Construction Expert Witness Directory

The Ghosts of Tariffs Past May Help Us in the Future

January 07, 2025 — Kellie Ros - ConsensusDocs
The havoc material tariffs have caused the construction industry is nothing new. President-Elect Donald Trump imposed heavy tariffs on steel and aluminum in his first administration in 2016. While the tariffs themselves were not wholly unexpected, the ripple effect of those tariffs (coupled with the impacts of the COVID-19 pandemic) caused unexpected challenges for the construction industry. Those included allocating the risk of the additional costs caused by tariffs, supply and demand issues, grappling with escalation clauses, and navigating fixed price projects. The industry must now utilize the lessons learned from the rear-view mirror to strategically prepare for what was promised to be a second round of tariffs come January 2025. Tariffs’ Impacts on Material Prices Everywhere New or increased tariffs have the potential to raise prices for a wide range of construction inputs. Based on simple supply and demand principles, this includes inputs produced domestically that compete with foreign imports. For example, if a 20% tariff is imposed on Chinese steel, contractors may look to procure Brazil or U.S. steel in an effort to cut their costs. Such a rush to those less-costly alternatives may result in a supply shortage or an increase in prices in the marketplace across the globe. This occurred in 2016 when material prices indirectly related to the inputs on which the tariffs were imposed even increased. Contractors may be well served to get ahead of anticipated price increases and purchase materials now or take other actions in negotiating contracts to protect themselves. Read the full story...
Reprinted courtesy of Kellie Ros, Peckar & Abramson, P.C.
Ms. Ros may be contacted at kros@pecklaw.com

Candace Dickson Recognized as “Up & Coming Lawyer” by The Indiana Lawyer

June 16, 2025 — Lewis Brisbois Newsroom
Northwest Indiana (June 3, 2025) – Northwest Indiana Associate Candace C. Dickson was recently honored by The Indiana Lawyer as an “Up & Coming Lawyer” at the organization’s “Leadership in Law” awards ceremony. According to the publication, this year’s honorees include 37 talented attorneys who “represent the strength and the future of Indiana’s legal profession.” When asked why she chose law as a career, Mrs. Dickson said “I decided to enter the legal profession so that I could assist my community with understanding the law. Many of them do not have access to an attorney. I wanted to fill that gap for individuals who looked like me and were from my hometown.” Read the full story...
Reprinted courtesy of Lewis Brisbois

PFAS, HFCs and Related Chemicals in the Data Center Industry

May 23, 2025 — Reza Zarghamee & Sidney L. Fowler - Gravel2Gavel Construction & Real Estate Law Blog
Data centers use various chemicals that have recently been the focus of regulatory efforts at the federal and state level. The historic or future use of these chemicals may create liabilities, obligations, or new costs for both existing and planned data centers. PFAS Use in Data Centers Per- and polyfluoroalkyl substances (PFAS) are a class of approximately 15,000 synthetic fluorinated organic compounds (by EPA’s most recent reckoning) that have been widely used for decades in a wide range of products and industries. The carbon-fluorine bond is among the strongest in organic chemistry and gives PFAS their physical properties: fire, water and grease resistance. These properties—chemical stability, resistance to degradation, and oil and water resistance—make PFAS both useful and concerning from an environmental and health perspective, as they tend to persist in the environment and bioaccumulate in living organisms. Reprinted courtesy of Reza Zarghamee, Pillsbury and Sidney L. Fowler, Pillsbury Mr. Zarghamee may be contacted at reza.zarghamee@pillsburylaw.com Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com Read the full story...

Agency Principles Matter (Including When It Comes to Arbitration Provisions)

April 22, 2025 — David Adelstein - Florida Construction Legal Updates
A non-construction case touches upon important considerations regarding arbitration and agency principles. Agency principles matter and while this case deals with agency principles relative to arbitration, the principles can be extrapolated to a variety of scenarios. Here are the key facts in the case. A mother obtained tickets to a football game and brought her daughter. Her daughter was injured at the game and her daughter filed a lawsuit against the stadium/team. The stadium/team moved to compel arbitration based on the ticket terms which included an arbitration provision. The trial court did not compel arbitration finding that the daughter, which did not obtain the tickets or sign-off on the terms, was not bound by the arbitration provision. The appellate court reversed. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Cybersecurity In Construction: How To Effectively Mitigate Cyber Risk

April 01, 2025 — Jay Houghton - The Construction Seyt
The construction industry’s reliance on digital data and devices has reshaped the construction process. When used properly, digital technology facilitates collaboration and increases productivity. However, growing dependence on digital innovation has also rendered construction companies a prime target for cybercriminals. The stark, inescapable reality is that the construction industry has been experiencing an alarming increase in cyber attacks over the last five years. Construction companies should mitigate the risk of cyber attacks by formulating a comprehensive plan that addresses the reasons why the construction industry is particularly susceptible to cyber attacks, anticipates methods used by cybercriminals, and proactively implements effective risk-mitigation tactics. Why Is the Construction Industry Uniquely Vulnerable to Cyber Attacks? In recent years, the construction industry has become one of the most frequently targeted industries by cybercriminals. One analyst found that cyber attacks on construction companies doubled from 2023 to 2024.[1] Between 2023 and 2024, phishing and ransomware attacks on construction companies increased by 83% and 41%, respectively. [2] Construction companies are attractive targets of cybercriminals for many reasons, such as: Lack of Proper Training: Construction companies traditionally focus on mitigating their many commercial and legal risks. This has led many of them to neglect cybersecurity training, rendering the workforce susceptible to phishing and other cyber scams. Read the full story...
Reprinted courtesy of Jay R.Houghton, Seyfarth
Mr. Houghton may be contacted at jhoughton@seyfarth.com

New Law, Old Risks: Why Colorado’s H.B. 25-1272 May Backfire on Builders

June 09, 2025 — David McLain - Colorado Construction Litigation Blog
On May 9, 2025, Governor Jared Polis signed House Bill 25-1272, known as the “Colorado American Dream Act,” into law. The legislation, which takes effect January 1, 2026, aims to address the state’s well-documented shortage of for-sale multifamily housing, particularly condominiums and townhomes, by creating a voluntary program for developers and builders who agree to enhanced quality assurance measures and pre-litigation procedures. In exchange, participants were promised certain procedural and substantive protections in construction defect litigation. Despite its well-intentioned goals, H.B. 25-1272 falls short of delivering meaningful legal protections to builders. While touted as a reform, the Act ultimately introduces more procedural burden and disclosure obligations than it does risk reduction. The law appears to offer insulation from meritless claims, but closer inspection reveals that its protections are largely illusory and, in some cases, may increase the risk and cost of litigation for participants. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

Michigan Bid-Rig Plea Lands Former Asphalt Paving Executive in Prison

May 06, 2025 — Elaine Silver - Engineering News-Record
A federal judge has sentenced one of several people charged in a Michigan asphalt paving price-fixing scheme to prison. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record

Toolbox Talk Series: International Arbitration for the "Domestic" Construction Lawyer

May 12, 2025 — Brendan J. Witry - The Dispute Resolver
As US-based construction lawyers know, arbitration is a frequently used method of dispute resolution. However, construction lawyers who practice primarily with projects and clients in the US may not be aware of the nuances that come with the use of arbitration on international projects. For this month's installment of the Toolbox Talk Series, Zachary Torres-Fowler and Manav Singhla discussed the similarities and differences between domestic arbitration and international arbitration. Zachary and Manav first demystified the nature of international arbitration; it is simply a means of dispute resolution just like domestic arbitration. They discussed the advantages of international arbitration, most notably the easier means of enforcement. Particularly where there are different legal systems (i.e., common law vs. civil law) enforcing a judgment from one legal system can be difficult where the prevailing party must go elsewhere (with a different legal system/tradition) to collect. Read the full story...
Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
Mr. Witry may be contacted at bwitry@lauriebrennan.com

CAMBRIDGE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES