Cambridge Massachusetts Construction Expert Witness Directory

Chris Konzelmann Appointed to NASP Board of Directors

November 03, 2025 — White and Williams LLP
White and Williams LLP congratulates Chris Konzelmann, Partner and Chairman of the Subrogation Department, on his appointment to the National Association of Subrogation Professionals’ (NASP) Board of Directors. In an announcement posted to LinkedIn, NASP stated, “These new board members bring diverse experience, leadership, and a shared vision for NASP’s future. Together, they will continue advancing NASP’s mission to provide education, advocacy, and community for subrogation professionals across all industries.” Chris is a long-standing member of NASP and a frequent presenter at its Annual and Spring Conferences. He also regularly delivers webinars and training sessions for subrogation clients, helping them stay informed on legal developments and best practices in recovery strategy. Read the full story...
Reprinted courtesy of White and Williams LLP

Court Resolves Carriers' Dispute Over Which Must Defend

September 15, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court agreed with Travelers that Lloyd's had a duty to defend the underlying personal injury case. Travelers Indem. Co. v. Underwriters at Lloyd's, 2025 U.S. Dist. LEXIS 118445 (S.D. N. Y. June 23, 2025). Jerome Avenue owned a multi-tenant property in the Bronx, New York. Jerome Avenue leased one of the units to Pawnit Jerome Corp. (Pawnit). Both Jerome Avenue and Pawnit were sued by Randolph Calosso, who alleged that he tripped and fell on the public sidewalk in front of the leased premises, sustaining serious injuries. Travelers had issued a CGL policy to Jerome Avenue and provided a defense in the underlying case. The Travelers' policy included an "other insurance" provision, stating that coverage was "excess over any of the other insurance, whether primary excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured . . ." Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Mind The Gap!

November 04, 2025 — Daniel Lund III - JD Supra
The U.S. District Court for the Southern District of New York addressed the scope of insurance coverage for workplace injuries on a Brooklyn, New York, construction project, holding that the project owner’s insurer had no duty to defend or indemnify the owner in a personal injury lawsuit stemming from a construction accident. The property owner hired a general contractor for a condominium project. In March 2020, an employee of one of the GC’s subcontractors was injured when a scaffold collapsed. The employee sued both the property owner at the general contractor in state court. The owner sought coverage and a defense from its commercial general liability insurer, but the insurer denied coverage, citing three exclusions: Contracted Persons, Independent Contractors, and Condominium. Read the full story...
Reprinted courtesy of Daniel Lund, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

ABA’s Fundamentals of Construction Law, 3rd Edition

September 30, 2025 — Elaine Y. Lee - Peckar & Abramson, P.C.
Elaine Lee, a Partner in P&A’s Los Angeles office, co-authored a chapter for the American Bar Association (ABA)’s Fundamentals of Construction Law, 3rd Edition book. Elaine co-authored chapter 12, “Changes in the Work.” The chapter discusses:

Changes and Resulting Impacts
Contract Clauses Addressing Changes
Change Order Clause

Read the full story...
Reprinted courtesy of Elaine Y. Lee, Peckar & Abramson, P.C.
Ms. Lee may be contacted at elee@pecklaw.com

Washington Court of Appeals Narrows Arbitrator Authority in Construction Dispute

November 21, 2025 — Joshua Lane - Ahlers Cressman & Sleight PLLC
In a recent opinion, Division III of the Washington Court of Appeals clarified arbitrator limits in Reecer Creek Excavating v. SRI-Rochlin Construction JV,[1] holding that consequential damage waivers are enforceable, fee-shifting depends on who “substantially prevails,” and arbitration awards can be vacated only in narrow circumstances. Reecer Creek Excavating (“Reecer”) was subcontracted by SRI-Rochlin Construction JV (“SRI”) to perform excavation and paving work on a housing development in Ellensburg, Washington. When payment disputes arose, both parties filed breach-of-contract claims and later agreed to private arbitration. Their arbitration agreement included terms mandating that “the prevailing party shall be entitled to reasonable attorney fees and costs” and providing for an exception to the finality of the award where the arbitrator exceeded its authority. After a multi-day arbitration, the arbitrator found both parties partly at fault - Reecer for incomplete and defective work, and SRI for withholding certain payments. The net award favored Reecer by about $55,000, with each side ordered to bear its own attorney’s fees. Read the full story...
Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight PLLC
Mr. Lane may be contacted at joshua.lane@acslawyers.com

Assignment of Claim not Precluded by Policy’s Anti-Assignment Clause

October 21, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The Supreme Court of Maryland upheld the insured's assignment of a post-loss claim despite the policy's anti-assignment provision. In re Featherfall Restoration, LLC, 2025 Md. LEXIS 294 (Md. July 24, 2025). The insureds purchased a "High Value' homeowners policy from Travelers Home and Marine Insurance Company for their residence. The policy included an anti-assignment clause: "Assignment of this policy will to be valid unless we give our written consent." Three months after the policy expired, the insureds notified Travelers of damage to their roof that they contended resulted from a wind and hailstorm that occurred before the policy expired. The insureds hired Featherfall Restoration, LLC to repair their roof. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Texas Restricts Foreign Ownership of Real Property

November 09, 2025 — Anna Luczkow - Lewis Brisbois Newsroom
Houston, Tex. (October 9, 2025) - Effective September 1, 2025, certain foreign individuals and entities are no longer able to purchase or acquire an interest in real property in Texas. Governor Abott signed Senate Bill 17 into law on June 20, 2025, amending Chapter 5 of the Texas Property Code to add Subchapter H. The new legislation targets governmental entities of and companies, organizations, and individuals from “designated countries,” which Subchapter H defines as countries that the U.S. Director of National Intelligence identifies as posing a risk to United States national security, or additional countries that the governor designates after determining that the purchase or acquisition poses a risk to national security. Subchapter H initially designates China, Russia, Iran, and North Korea as posing such risk. “Companies” and “organizations” collectively include not only associations, corporations, partnerships, and limited liability companies, but real estate investment trusts, joint ventures, insurance companies, and non-profit organizations. Read the full story...
Reprinted courtesy of Anna Luczkow, Lewis Brisbois
Ms. Luczkow may be contacted at Anna.Luczkow@lewisbrisbois.com

Reckless Disregard is. . . Well. . .Reckless

December 30, 2025 — Christopher G. Hill - Construction Law Musings
Punitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases. Between the economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the picture. Depending on your perspective and position on the construction project food chain, this fact can be either frustrating or comforting. However, like all seemingly immutable laws, this one has an exception according to the Chesapeake County, Virginia Circuit Court. In Sawyer v. C.L. Pincus Jr. & Co. et. al. this Virginia court was faced with the following scenario. The defendants, a church and its contractor, were sued by Sawyer over a construction swale that was built partly on Sawyer’s property. According to the plaintiff, the only permission they gave to their neighbors at the church was to allow the church to build a drainage berm that did not encroach on their property. As stated above, the church and its contractor built a swale that encroached on the Sawyers’ property. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

CAMBRIDGE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES