SPRING GARDEN ALABAMA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Four Kahana Feld Attorneys Selected to 2027 Southern California Super Lawyers® and Rising Stars Lists

August 16, 2026 — Kahana Feld
IRVINE, CA – Aug. 3, 2026 – Kahana Feld is pleased to announce that partners Jason Feld, Amir Kahana, and Sharon Oh-Kubisch were selected to the 2027 Southern California Super Lawyers list, and attorney Hannah Ellenhorn Bloom was selected to the 2027 Southern California Super Lawyers Rising Stars list. Jason Feld was recognized in the area of Construction Litigation. He is a founding partner of Kahana Feld and focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors. Read the full story...
Reprinted courtesy of Kahana Feld

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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

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Presumption of Prejudice Applies to All Affirmative Defenses Regarding Insured’s Failure to Comply with Post-Loss Policy Conditions

June 23, 2026 — David Adelstein - Florida Construction Legal Updates
n a recent property insurance coverage dispute, an issue on appeal pertained to the “prejudice” jury instruction associated with the insured’s failure to comply with post-loss policy conditions. The trial court found that the prejudice only pertained to prompt notice and not other post-loss policy conditions. This was reversed on appeal as prejudice applied to ALL the post loss policy conditions that the insured failed to comply with, not just the prompt notice requirement. The prejudice presumption applies to all affirmative defenses regarding an insured’s failure to comply with post-loss policy conditions. Consider this discussion when dealing with an insurer raising prejudice as an affirmative defense to do an insured’s failure to comply with post-loss policy conditions, and the associated burdens of proof: On appeal, [the insurer] contends the trial court erred by instructing the jury that the presumption of prejudice was inapplicable to all of its post-loss obligation defenses except prompt notice. We agree. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Achieving Sustainability Through Design Build Delivery: Part II – A Framework for Managing Sustainability Objectives on Private Commercial Construction

October 06, 2026 — Jennifer Harris, Tiffany Harrod & Joshua Pruett - ConsensusDocs
Part I of this series traced the history and development of sustainability in construction and explained why design-build (“DB”) contracting is particularly well suited to achieve sustainability objectives. But selecting DB contracting does not by itself ensure a sustainable outcome. The parties must define their sustainability objectives with precision, establish measurable performance criteria and identify who will measure compliance with the criteria, and also draft contract terms that clearly and fairly allocate the associated responsibilities and risks. Otherwise, the completed project may fall short of its sustainability objectives and expose the parties to claims, disputes, and litigation. Part II offers a non-exhaustive list of practical guidance for addressing these issues and reducing those risks. This article references the ConsensusDocs 310 Green Building Addendum, in conjunction with an agreement between the Owner and the Design-Builder (e.g., ConsensusDocs 415)[1], [2] and AIA Document E204–2017 Sustainable Projects Exhibit,[3] together with AIA A141,[4] as its contractual baseline. The five-part framework that follows is a roadmap for allocating sustainability risk between private owners and design-builders: define the requirements, identify hidden performance guarantees, map out the sustainable objective, address third-party certification risk, and track performance against agreed benchmarks. Reprinted courtesy of Jennifer Harris, Peckar & Abramson, P.C., Tiffany Harrod, Peckar & Abramson, P.C. and Joshua Pruett, Peckar & Abramson, P.C. Ms. Harris may be contacted at jharris@pecklaw.com Ms. Harrod may be contacted at tharrod@pecklaw.com Mr. Pruett may be contacted at jpruett@pecklaw.com Read the full story...

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Credibility Matters…Even in Delay Claims

September 29, 2026 — David Adelstein - Florida Construction Legal Updates
Credibility matters. Here’s another example involving a delay claim on public private partnership delivery method. The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay claims that it contended were caused by Miami-Dade County. The hearing examiner awarded the developer delay time and compensation. On appeal, the County argued that the delays awarded by the hearing examiner were concurrent critical path delays with other delays caused by the developer’s team (the developer’s contractor). This was demonstrated by the fact that in an attempt to mitigate the County delay, the contractor’s incorporated a schedule fragnet into its schedule to mitigate delay that showed the critical path was driven by events deemed caused by the contractor. This was also reported in the contractor’s monthly updates. The developer argued that its mitigation plan did not work and, thus, the schedules showed a hypothetical delay caused by the contractor when, in actuality, it was the County-caused delay that drove the critical path. The hearing officer agreed with the contractor. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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$27B Meta Data Center Pushes Louisiana Toward Massive Power Expansion

April 27, 2026 — Vince Kong - Engineering News-Record
Meta Platforms has reached an agreement with Entergy Louisiana to fund new energy infrastructure to support its planned $27-billion data center in Richland Parish, a project the company says could ultimately scale to 5 GW, becoming its largest facility to date. CEO Mark Zuckerberg has described the site as large enough to cover a significant portion of Manhattan. Read the full story...
Reprinted courtesy of Vince Kong, Engineering News-Record
Mr. Kong may be contacted at kongv@enr.comIt’s Called “Delegation” – Basic Risks and Considerations for Delegated Design on Projects

Almost Half of Homes in New York and D.C. Are Now Losing Value

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Housing Stocks Rally at End of November

Nomos LLP Partner Garret Murai Recognized by Best Lawyers in America

Failure to Comply with Sprinkler Endorsement Bars Coverage for Fire Damage

Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

In Kansas City, a First-Ever Stadium Designed for Women’s Sports Takes the Field

Pennsylvania Supreme Court Rules that Insurance Salesman had No Fiduciary Duty to Policyholders

Buyer Beware: Insurance Agents May Have No Duty to Sell Construction Contractors an Insurance Policy Covering Likely Claims

Coronavirus Is Starting to Slow the Solar Energy Revolution

Auburn Woods Homeowners Association v. State Farm General Insurance Company

Coverage Denied for Faulty Blasting and Improper Fill

A Compilation of Quirky Insurance Claims

Contractor Sues License Board

No Coverage Under Property Policy With Other Insurance and Loss Payment Provisions

#9 CDJ Topic: Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al.

Microsoft Said to Weigh Multibillion-Dollar Headquarters Revamp

Real Estate & Construction News Roundup (10/1/24) – Hybrid Work Tech
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Providing Notice of Claims Under Your Construction Contract

Drafting a Contractual Arbitration Provision

Firm Claims Construction Defects in Hawaiian Homes

Congratulations Bryan Stofferahn, August Hotchkin, and Eileen Gaisford on Their Promotion to Partner!

Construction Defects Lead to “A Pretty Shocking Sight”

Thomson Reuters Construction Law (Virginia Practice Series)

A New Study on Implementing Digital Visual Management

Blackstone to Buy Chicago’s Willis Tower for $1.3 Billion

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Wendel Rosen’s Construction Practice Group Receives First Tier Ranking by U.S. News and World Reports

President Trump Announces New Steel Tariffs

Tall Mass Timber Buildings Now Possible Under 2021 IBC Code Changes

Dallas County District Court Grants Kahana Feld’s Motion to Dismiss for Want of Prosecution

D.R. Horton Earnings Rise as Sales and Order Volume Increase

Walking the Tightrope of SB 35

Supreme Court Rules Tariffs Unconstitutional: Why the Construction Industry Shouldn’t Expect Calm Just Yet

Florida’s Supreme Court Resolves Conflicting Appellate Court Decisions on Concurrent Causation

Benchmark Litigation Recognizes Multiple Snell & Wilmer Offices and Attorneys in 2026 Rankings

New Iowa Law Revises Construction Defects Statute of Repose

Attorney's Erroneous Conclusion that Limitations Period Had Not Expired Was Not Grounds For Relief Under C.C.P. § 473(b)

Type I and Type II Differing Site Conditions Claims

BHA has a Nice Swing Donates to CDCCF

Insurance Telematics and Usage Based Insurance Products

Update Your California Release Provisions to Include Amended Section 1542 Language

Maintenance Issues Ignite Arguments at Indiana School

Housing Affordability Down

Students for Fair Admissions: Shaking the Foundations of EEOC Programs and M/WBE Requirements

Official Tried to Influence Judge against Shortchanged Subcontractor

BHA has a Nice Swing: Firm Supports Wounded Warrior Project at WCC Seminar

Malerie Anderson Named to D Magazine’s 2023 Best Lawyers Under 40

Denial of Coverage For Bodily Injury After Policy Period Does Not Violate Public Policy

Court Orders House to be Demolished or Relocated

Construction Companies Are Nearly Seven Times Safer With These Best Practices

DE Confirms Robust D&O Protection Despite Company Demise

Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon

Not Everything is a Pollutant: A Summary of Recent Cases Supporting a Common Sense and Narrow Interpretation of the CGL's Pollution Exclusion

Super Lawyers Selects Haight’s Melvin Marcia for Its 2023 Northern California Rising Stars List

Real Estate & Construction News Roundup (5/8/24) – Hotel Labor Disputes, a Congressional Real Estate Caucus and Freddie Mac’s New Policies

Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim

A Survey of New Texas Environmental Laws

Insured Cannot Sue to Challenge Binding Appraisal Decision

New Jersey Judge Declared Arbitrator had no Duty to Disclose Past Contact with Lawyer

A Court-Side Seat: Appeals and Agency Developments at the Close of 2020

Colorado Homes Approved Despite being Too Close Together

Attorney Writing Series on Misconceptions over Construction Defects

CDJ’s #5 Topic of the Year: Beacon Residential Community Association v. Skidmore, Owings & Merrill, et al.

Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice

EEOC Sues Schuff Steel, J.A. Croson in New Racial Harassment Cases