Cambridge Massachusetts Construction Expert Witness Directory

Quick Note: If You Want to Recover Attorney’s Fees In a Contractual Dispute, Include a Prevailing Party Attorney’s Fees Provision

January 21, 2026 — David Adelstein - Florida Construction Legal Updates
If you want the ability to recover attorney’s fees in the event of a contractual dispute, include a prevailing party attorney’s fees. Negotiate this point on the front end. Not doing so will hinder your ability to make the argument that you should be entitled to attorney’s fees due to a breach of the contract. In a recent case, the prevailing party relied on an indemnification provision to create the argument for attorney’s fees even though the action had NOTHING to do with indemnity. This was shot down on appeal as a party can’t use an indemnification provision to create that attorney’s fees argument UNLESS the provision is expressly clear on this point. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Environmental Due Diligence - What's The Hold Up?

November 18, 2025 — W. Tyler Lloyd - The Dispute Resolver
Construction projects do not occur overnight. Regardless of project size, projects take anywhere from months to years to design, build, and complete. Perhaps one portion of the construction project that is always subject to criticism, particularly on large infrastructure projects, is environmental review and the applicability of environmental laws, requiring specific environmental thresholds, and the National Environmental Policy Act (“NEPA”). Contractors are well aware of the timeline and potential impacts that NEPA review might have on a project, and many contractors and national groups have expressed a desire to ensure that NEPA does not interfere with or altogether block the deployment of large infrastructure projects. On federal funded or assisted projects, contractors must comply with strict environmental oversight because the project is tied to federal funding or federal agency accountability. Contractors must also comply with environmental and sustainability mandates under the Federal Acquisition Regulation (“FAR”). The FAR requires federal construction project contracts to include clauses concerning hazardous materials, emergency planning, waste reduction, environmental management systems, and greenhouse gas disclosures. Read the full story...
Reprinted courtesy of W. Tyler Lloyd, Stites and Harbison, PLLC
Mr. Lloyd may be contacted at tlloyd@stites.com

Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026). Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds. Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

FERC’s New Order on Data Center Co-Location: What Utilities Need to Know

January 26, 2026 — Stephen J. Humes - Gravel2Gavel Construction & Real Estate Law Blog
On December 18, 2025, the Federal Energy Regulatory Commission (FERC) issued a pivotal order to PJM Interconnection, the nation’s largest regional wholesale power grid operator running the transmission system in the Mid-Atlantic region. The Order intends to help reshape how large loads—especially data centers—connect to the grid in the face of massive load growth from artificial intelligence (AI) hyperscalers. At FERC’s monthly open meeting, the commissioners unanimously approved the Order, finding that PJM’s existing tariff does not adequately address the issue of co-locating large loads with data centers and electric generation. The Order was issued in FERC Docket Nos. EL24-49-000 et al., can be found at this link. Read the full story...
Reprinted courtesy of Stephen J. Humes, Pillsbury
Mr. Humes may be contacted at stephen.humes@pillsburylaw.com

Snell & Wilmer’s San Diego Office Recognized as One of the “Best Places to Work” by the San Diego Business Journal

November 18, 2025 — Snell & Wilmer
SAN DIEGO - Snell & Wilmer is pleased to announce that its San Diego office has been selected as one of the 2025 “Best Places to Work” by the San Diego Business Journal, ranking 2nd among the companies on the list in the Large Business category. This recognition highlights outstanding companies in the San Diego region that are setting trends and redefining the employee experience. The list is compiled from top local employers that participated in a detailed survey conducted by Workforce Research Group and were evaluated on leadership, corporate culture, communications, and much more. “We are honored to be recognized as one of the Best Places to Work in San Diego and to rank second among the numerous companies in the region that fall into the Large Business category,” said Steffi Hafen, managing partner of Snell & Wilmer’s San Diego office. “This recognition reflects the culture of collaboration and opportunity we have cultivated in San Diego. I am incredibly proud of our team’s dedication to one another, to our clients, and to making a positive impact in the broader community.” Read the full story...
Reprinted courtesy of Snell & Wilmer

Should Post Contract Award Tariffs be Reimbursable? Why Public Works Contractors Deserve Clarity

November 18, 2025 — Brett M. Hill - Ahlers Cressman & Sleight PLLC
Public works contractors across Washington and the U.S. are grappling with a costly and unresolved question: when the federal government imposes new import tariffs after a contract has been awarded, do those tariffs entitle contractors to additional compensation? The answer depends on the contract and the public agency. Some public works contracts tie relief directly to whether tariffs are considered “taxes.” Others frame their adjustment clauses more broadly, focusing on changes in law or government-imposed costs. For contractors, the distinction is critical. Read the full story...
Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
Mr. Hill may be contacted at brett.hill@acslawyers.com

Chambers Global 2026 Recognizes Sheppard Practices and Attorneys

March 03, 2026 — Sheppard
Sheppard has been recognized by Chambers Global 2026 in the following practice areas:

Privacy & Data Security in the United States
Projects: Power & Renewables: Transactional in the United States
Projects: Renewables & Alternative Energy in the United States

Additionally, the following Sheppard partners have been recognized by Chambers Global 2026:

Justin Boose (Projects: Renewables & Alternative Energy – USA)
Will Chen (Intellectual Property: International Firms – South Korea)
David Chun (Intellectual Property – South Korea)

Read the full story...
Reprinted courtesy of Sheppard

NYC Billionaires’ Row Tower Could Need $160M Fix Amid Cracking

December 02, 2025 — Emell D. Adolphus - Engineering News-Record
A cracking and crumbling New York City tower could leave the building “uninhabitable,” according to engineers who estimate that a $160 million renovation might be needed to fix 432 Park Avenue's striking white concrete facade. Read the full story...
Reprinted courtesy of Emell D. Adolphus, Engineering News-Record
Mr. Adolphus may be contacted at adolphuse@enr.com

CAMBRIDGE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES