Cambridge Massachusetts Construction Expert Witness Directory

¡AI Caramba!

January 07, 2025 — Daniel Lund III - Lexology
You can’t make this up. That’s what a federal judge in Texas told an attorney whom it was sanctioning for impermissible reliance on artificial intelligence in preparing a brief to the court. “Pending before the court is the question of whether Plaintiff's counsel… should be sanctioned for submitting a response brief to the court that includes case cites generated by artificial intelligence that refer to nonexistent cases as well as to nonexistent quotations.” Counsel for the defendant in the case – pursuing summary judgment for a tire manufacturer in a wrongful termination lawsuit – pointed up in a reply brief that the opposition brief of the plaintiff cited two purported – and as it turned out, nonexistent – unpublished decisions: Roca v. King's Creek Plantation, LLC, 500 F. App'x 273, 276 (5th Cir. 2012) and Beets v. Texas Instruments, Inc., No. 94-10034, 1994 WL 714026, at *3 (5th Cir. Dec. 16, 1994), and quotations from as many as six other apparently-existing cases but which were unable to be found within the reported decisions. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

There is No Presumptive Resumption!

January 21, 2025 — Daniel Lund III - Lexology
A Louisiana school board filed suit in court in 2018 on a construction project but was rebuffed based upon arguments by the general contractor and surety defendants. Those defendants asserted that the court filings were premature, based upon an arbitration clause in the general contract. The trial court agreed and stayed the litigation, “pending completion of arbitration.” Arbitration was never filed. Interestingly, within the arbitration clause, the following language existed: “For statute of limitations purposes, receipt of written demand for arbitration shall constitute the institution of legal or equitable proceedings based upon the Claim.” Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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

How Not to Frustrate an Arbitrator: Common Mistakes Attorneys Should Avoid in Arbitration

April 22, 2025 — Patricia H. Thompson & Hon. Nancy Holtz (Ret.) - The Dispute Resolver
A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award “good, bad or ugly.” See RSM Production Corp. v. Gaz du Cameroun, S.A., 117 F.4th 707, 714 (5th Cir. 2024). As explained below, we suggest that “good, bad or ugly” can describe other aspects of arbitration. In our combined 20-plus years of experience as arbitrators, we have been surprised and frustrated when “good” construction advocates engage in counterproductive conduct that may accurately be described as bad or even ugly. Optimistically, we offer the following suggestions to improve counsel’s performance in arbitration. Mind your ABCs. Always be credible. An arbitrator’s ability to rule on an issue depends, in part, on the credibility of the parties' communication of evidence and law. From initial filings to the last argument, attorneys must maintain consistent credibility. Reprinted courtesy of Patricia H. Thompson, JAMS and Hon. Nancy Holtz (Ret.), JAMS Read the full story...

Emerging Issues in Construction CGL Insurance Part 1: Continuing or Progressive Loss Exclusions

March 11, 2025 — Eric M. Clarkson - Saxe Doernberger & Vita, P.C.
The risks and losses associated with construction operations and property development push many insurance concepts to their limits. As a result, the construction industry has long been at the forefront of many complex insurance coverage issues and both drives but also depends on market standards to assess and adequately address risks. SDV closely monitors insurance markets for changes that impact contractors and developers, particularly through our Subcontractor Insurance Review Program (“SIRP”) services.[1] This also allows SDV to spot emerging issues in the way markets address insurance concepts critical to the construction industry. One area the markets have been moving away from policyholder expectations is Commercial General Liability (“CGL”) coverage for continuing or progressive injury or damage. CGL policies generally cover defense and indemnity for third-party claims because of “bodily injury” or “property damage.” The primary CGL requirements are that such injury or damage must be caused by an “occurrence” (i.e., an accident) and that the injury or damage must occur during the policy period. Critically, CGL policies do not require the “occurrence” to take place during the policy period for coverage to be triggered. This makes sense as there are many circumstances where injury or damage might not manifest until after the policy period in which the “occurrence” or accident transpired. Read the full story...
Reprinted courtesy of Eric M. Clarkson, Saxe Doernberger & Vita, P.C.
Mr. Clarkson may be contacted at EClarkson@sdvlaw.com

OSHA Finalizes PPE Fitting Requirement for Construction Workers

December 31, 2024 — Jonathan H. Schaefer - Construction Law Zone
On December 11, 2024, the Occupational Safety and Health Administration (OSHA) announced it finalized a revision to the personal protective equipment (PPE) standard for the construction industry. The final rule adds specific language to the existing standard requiring employers to provide properly fitting PPE for construction industry workers. This change aligns the construction industry with the standards in place for the general industry. According to OSHA, many types of PPE must properly fit workers. Improperly sized PPE can ineffectively protect workers, creating new hazards for them, such as oversized gloves or protective clothing being caught in machinery and discouraging use because of discomfort or poor fit. OSHA stated that the longstanding issue with improperly fitting PPE particularly impacted women, as well as physically smaller or larger workers. Read the full story...
Reprinted courtesy of Jonathan H. Schaefer, Robinson+Cole
Mr. Schaefer may be contacted at jschaefer@rc.com

Start Spreading the News: Appellate Division Case Highlights How Policyholders Should Plead Claims Under New York’s Consumer Protection Statute

March 18, 2025 — Bethany L. Barrese & Michael A. Amato - Saxe Doernberger & Vita, P.C.
When a policyholder feels their insurance claim has been mishandled or denied unfairly, pursuing recovery for the insurer’s bad faith is often front of mind. While many states recognize a common law and/or statutory cause of action for bad faith, the circumstances that constitute bad faith vary amongst jurisdictions. As prescribed in The Rockefeller Univ. vs. Aetna Cas. & Sur. Co., et al.,[1] New York recognizes a claim for breach of the implied covenant of good faith and fair dealing – otherwise known as bad faith – involving three elements of proof: (1) the facts establishing the insurer’s bad faith conduct must be separate from the facts giving rise to the breach of contract claim, (2) the damages sought as a result of the insurer’s bad faith must be distinct from the damages sought in the breach of contract claim, and (3) the facts must demonstrate that the insurer grossly disregarded its policyholder’s interests. Reprinted courtesy of Bethany L. Barrese, Saxe Doernberger & Vita, P.C. and Michael A. Amato, Saxe Doernberger & Vita, P.C. Ms. Barrese may be contacted at BBarrese@sdvlaw.com Mr. Amato may be contacted at mamato@sdvlaw.com Read the full story...

Ahlers Cressman & Sleight PLLC recognized by Construction Executive in The Top 50 Construction Law Firms™ of 2025

June 16, 2025 — Travis Colburn - Ahlers Cressman & Sleight
Ahlers Cressman & Sleight PLLC is pleased to announce that it has been recognized again by Construction Executive as one of The Top 50 Construction Law Firms in its 2025 rankings. Since its first publication in 2003, Construction Executive magazine has served as the leading source for news, market developments, and business issues impacting the construction industry, and its articles are designed to help owners and top managers run more profitable and productive construction businesses. Construction Executive established the rankings by asking over 600 hundred U.S. construction law firms to complete a survey. Constructive Executive’s data collection includes: 2024 revenues from the firm’s construction practice, the number of attorneys in the firm’s construction practice, the percentage of the firm’s total revenues derived from its construction practice, the number of states in which the firm is licensed to practice, the year in which the construction practice was established, and the number of construction industry clients served during the fiscal year 2024. Read the full story...
Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
Mr. Colburn may be contacted at travis.colburn@acslawyers.com

CAMBRIDGE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES