Cambridge Massachusetts Construction Expert Witness Directory

Los Angeles Office Secures Summary Judgment for Electric Company Client in Asbestos Lawsuit

August 18, 2025 — Lewis Brisbois Newsroom
Los Angeles, Calif. (July 22, 2025) - Los Angeles Partner Rod Cappy recently obtained summary judgment for his electric company client in a lawsuit brought by an electrician who claimed he developed mesothelioma in part due to exposure to asbestos-containing products distributed by the client. The plaintiff filed his lawsuit in October 2024, alleging that he developed mesothelioma due to occupational exposure to asbestos and asbestos-containing products sold by a slew of companies during his career as an electrician, first in the U.S. Navy from 1964-1967 and then in private industry from 1967-2001. He claimed that he was exposed to asbestos-containing electronic products distributed by Lewis Brisbois’ client to two of his employers. The plaintiff’s demand as to the client was in the mid-six figures. Read the full story...
Reprinted courtesy of Lewis Brisbois

AI as Co-Counsel: How Litigators Can Leverage AI for Depositions, Experts, and Trial Preparation

November 21, 2025 — Debrán O’Neil - The Dispute Resolver
Artificial intelligence is everywhere right now, and the legal industry is no exception. It’s a regular feature at CLEs and in client discussions because lawyers are discovering that careful use can save both time and money. But AI is no longer reserved for e-discovery vendors. Litigators are using AI for trial preparation—helping identify themes, test case theories, summarize voluminous records, refine expert testimony, and streamline depositions. While AI is not able to read a witness, gauge credibility, or build trust with a jury like lawyers, it can make preparation more efficient and thorough and help present information in a more digestible and compelling way. Below are practical ways litigators can weave AI into their everyday litigation practice and not get left behind. Read the full story...
Reprinted courtesy of Debrán O’Neil, Carrington, Coleman, Sloman & Blumenthal, L.L.P.
Ms. O'Neil may be contacted at doneil@ccsb.com

Eyes on the Sky: Regulating DJI Drones on Federal and Private Construction Sites

October 13, 2025 — Maggie Murphy - Construction Executive
When Paul Hedgepath walks a construction site, he doesn’t just see steel beams, scaffolding and concrete. He sees the invisible data streams that help keep multimillion-dollar projects on schedule and under budget - much of it captured by drones buzzing silently overhead. “Drones are on every jobsite we have,” says Hedgepath, director of innovation at MJ Harris Construction. “We use them for progress tracking, reporting to owners, safety and photogrammetry. They’ve become a daily part of how we build.” That reliance, however, could soon face its biggest test yet. Nearly 90% of drones used in the U.S. construction industry are made by DJI, a Chinese company that dominates the global market. Policymakers in Washington, citing security concerns and data privacy issues, are weighing bans and restrictions on Chinese-made drones across federal projects - with ripple effects likely for private-sector contractors too. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Doctrine of Superior Knowledge in Government Contracting

September 23, 2025 — David Adelstein - Florida Construction Legal Updates
In government contracting claims, the contractor may argue the government had superior knowledge as to key facts and failed to share its superior knowledge with the contractor, which ultimately cost the contractor more money/time. “Under the doctrine of superior knowledge, the Government has ‘an implied duty to disclose to a contractor otherwise unavailable information regarding some novel matter affecting the contract that is vital to its performance.’ A superior knowledge claim ‘focuses … upon the Government’s knowledge of vital information prior to contract award and its failure to share it with an unknowing contractor.’” Troop Contracting, Inc. v. Department of Veteran Affairs, CBCA 8000, 2025 WL 2164974 (CBCA July 2025). The underlined “prior to contract award” is key. In Troop Contracting, the contractor argued the government failed to share its superior knowledge of the prevalence of lead based paint in the building it was hired to renovate. As a result, the contractor had to perform lead based paint testing and abatement, which cost additional money. However, and unfortunately for the contractor:

[T]he contract plainly stated that [the contractor] must assume that any and all painted surfaces encountered and disturbed contain LBP [lead based paint] and that [the contractor] must treat these painted surfaces per the specifications. [The contractor] therefore knew or should have known that the specifications set forth in the solicitation (which were subsequently incorporated into the contract) advised that all painted surfaces must be assumed to contain LBP and that [the contractor] would be required to address any disturbed paint pursuant to the LBP section.

Troop Contracting, supra.

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Tampa Office Secures Summary Judgment for Property Owner Client in Trip-and-Fall Lawsuit

September 15, 2025 — Lewis Brisbois Newsroom
Tampa, Fla. (August 15, 2025) - Tampa Partner Nicholas Dareneau recently obtained summary judgment for a property owner client in a trip-and-fall lawsuit, with a Florida judge finding that the condition of the sidewalk over which the plaintiff tripped was not dangerous as a matter of law. The incident in question occurred in December 2022, as the plaintiff was walking to the entrance of a retail store on the client's property. She stepped up onto the sidewalk, walked across pavers and then tripped on a section of concrete, suffering injuries. She proceeded to sue Lewis Brisbois’ property owner client and the store in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County. Ultimately, the plaintiff dropped the store owner from the lawsuit. Read the full story...
Reprinted courtesy of Lewis Brisbois

Allegations in Insured’s Complaint Sufficient to Survive Motion to Dismiss

November 09, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The insured’s complaint sufficiently pled breach of contract and bad faith to survive the insurer’s motion to dismiss. Macias v. Am. Family Ins. Co., 2025 U.S. Dist. LEXIS 148628 (D. Colo. Aug. 1, 2025). A hailstorm damaged the insureds’ property, including the roof. The insureds filed a claim (Claim One) with American Family. An adjuster assigned by American Family found storm-related damage to the gutters, window screens and lattice work, but only non-storm-related damage to other items, such as the roof. American Family determined the losses amounted to $1,104.97, which was below the deductible. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

“Don’t Coblentz - You Might Miss It!”

July 08, 2025 — Daniel Lund III - Lexology
A Florida condominium association attempted to recover $8.5 million from a CGL insurer under a “Coblentz” agreement, a legal mechanism that allows a claimant to pursue – based on an assignment in settlement – recovery from the insurer of an insured party for a settlement reached with the insured party when the insurer has refused to defend the original insured. The case stemmed from construction defects at a condominium project in Jacksonville, Florida. The project, constructed from 2005 to 2008, faced issues when the original general contractor defaulted and was replaced. The condominium association discovered defects years later, including problems with dampproofing, masonry work, garage screens, and balcony railings. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

Fifth Circuit Affirms District Court's Grant of Summary Judgment to Insurer on Property Loss Claim

June 16, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit affirmed the district court's grant of summary judgment to the insurer despite the insured's claim it was not adequately compensated for its loss. In the Matter of New York Inn, Inc., 2025 U.S. App. LEXIS 7887 (5th Cir. April 3, 2025). Viva Inn Motel submitted a claim to its insurer, Associated Industries Insurance Company, for water damage from a burst pipe occurring on February 17, 2021. New York Inn, a corporate affiliate of Viva, was an additional insured on the policy. An adjuster investigated for Associated and recommended that Associated pay Viva $153,961.57, representing the actual cash value (ACV) amount of the loss. An adjuster for Viva and New York Inn (Motel Owners) provided an estimate for replacement cost value (RCV) of repairs for $175,256.42. Associated sent a payment to Viva for $153,961.57 and requested documentation to support the payment for RCV. Viva requested an advance payment for Viva's business interruption loss. Associated responded that it would consider the payment but requested Viva's profit and loss statements for the prior three months to calculate the payment. The Motel submitted a profit and loss statement for October 20, 2020, through December 20, 2024. Based on this document, Associated estimated the business interruption loss from February 17, 2021, to May 31, 2021, as $74,295. This estimate was used to calculate the payment owed to Viva and a check was issued for $26,349.82. An advance payment of $10,000 for content loss was also issued, but Associated noted that Viva had not submitted any inventory of damaged contents. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

CAMBRIDGE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES