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    Construction Expert Witness News and Information
    For Milton Delaware


    Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

    Hail Drives Construction Spending in Amarillo

    Recommencing Construction on a Project due to a Cessation or Abandonment

    Amid the Chaos, Trump Signs Executive Order Streamlining Environmental Permitting and Disbands Infrastructure Council

    Acquisition, Development, and Construction Lending Conditions Ease

    Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered

    Real Estate & Construction News Roundup (08/30/23) – AI Predicts Home Prices, Construction’s Effect on the Economy, and Could Streamline Communications for Developers

    Alleging and Proving a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claim

    BLOK, a Wired UK Hottest 100 Housing Market Startup, Gets Funding from a Renowned Group of Investors

    Why Construction Tendering Needs Specialized Intelligence

    Home Prices on the Rise

    Ohio Court Refuses to Annualize Multi-Year Policies’ Per Occurrence Limits

    Civility Is Key in Construction Defect Mediation

    Andrea DeField Recognized In 2024 List of Influential Business Women By South Florida Business Journal

    How to Lose Your Contractor’s License in 90 Days (or Less): California and Louisiana

    Texas Supreme Court Holds Stipulated Extrinsic Evidence May Be Considered in Determining Duty to Defend

    TOLLING AGREEMENTS: Construction Defect Lawyers use them to preserve Association Warranty Claims during Construction Defect Negotiations with Developers

    Pensacola Bridge Repair Plan Grows as Inspectors Uncover More Damage

    US Homes Face Costly Retrofits for Induction Stoves, EV Chargers

    Connecticut Federal District Court Again Finds "Collapse" Provisions Ambiguous

    Iowa Court Holds Defective Work Performed by Insured's Subcontractor Constitutes an "Occurrence"

    Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

    Global Insurer Agrees to Pay COVID-19 Business Interruption Claims

    Construction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or Engineer

    Wildfire Risks Elevated for US Plains Due to Drought Conditions

    Public Adjuster Cannot Serve As Disinterested Appraiser

    Cold Stress Safety and Protection

    Colorado Nearly Triples Damages Caps for Cases Filed in 2025, Allows Siblings to File Wrongful Death Claims

    Decision from Hawaii Supreme Court Amplifies Reasoning for its Prior Order in Maui Fire Cases

    The Future of High-Rise is Localized and Responsive

    West Virginia Couple Claim Defects in Manufactured Home

    When is Construction Put to Its “Intended Use”?

    No Conflict in Successive Representation of a Closely-Held Company and Its Insiders Where Insiders Already Possess Company’s Confidential Information

    New Jersey School Blames Leaks on Construction Defects, May Sue

    Houston’s High Housing Demand due to Employment Growth

    Construction Executives Expect Improvements in the Year Ahead

    When Does a Contractor Legally Abandon a Construction Project?

    Who Says You Can’t Choose between Liquidated Damages or Actual Damages?

    Property Damage to Non-Defective Work Is Covered

    Fifth Circuit: Primary Insurer Relieved of Duty to Defend Without Release of Liability of Insured

    Even Fraud in the Inducement is Tough in Construction

    Hilti Partners with Canvas, a Construction Robotics Company

    Amos Rex – A Museum for the Digital Age

    Under the Hood of U.S. Construction Spending Is Revised Data

    Coverage Confusion: When Your Insurance Broker Gets It Wrong

    A Lien Might Just Save Your Small Construction Business

    Structural Problems May Cause Year-Long Delay Opening New Orleans School

    Three Construction Workers Injured at Former GM Plant

    Your Work Exclusion Applies to Damage to Tradesman's Property, Not Damage to Other Property

    If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects
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    MILTON DELAWARE CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Milton, Delaware Construction Expert Witness Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Construction Expert Witness News & Info
    Milton, Delaware

    The Deadline to File Suit on a Public Works Payment Payment Bond is Triggered by a Claimant’s Work on a Project Not by a Claimant’s Work Under a Contract

    June 02, 2026 —
    California law requires that prime contractors furnish a payment bond – providing for payment to lower-tiered subcontractors and suppliers – on state and local public works projects with a value in excess of $25,000. There are three conditions that must be satisfied when a claimant makes a claim against a payment bond on a public works project in California:
    1. First, generally, the claimant must have served a preliminary notice, unless the claimant is a first-tier subcontractor or supplier;
    2. The claimant must have “ceased to provide work” on the project; and
    3. The claimant must file suit against the payment bond no later than six (6) months after the period in which a stop payment notice must be given or, in other words, the earlier of 270 days after completion of the public works project or 210 days after a notice of completion or cessation was recorded on a public works project.
    In Tarlton & Sons, Inc. v. Great American Insurance Company, 111 Cal.App.5th 376 (2025), the 2nd District Court of Appeal examined whether a subcontractor timely filed a claim against a payment bond when a prime contractor was terminated and replaced by another prime contractor who the subcontractor continued to perform work for. Read the full story...
    Reprinted courtesy of Garret D. Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Data Center Construction and the AEC Partner of the Future

    April 14, 2026 —
    During my involvement in designing mobile phone production facilities, the speed of design and construction was critical. Any delay could directly translate into lost revenue. That same logic now applies to data centers, though the stakes are much higher. Instead of optimizing physical production lines, we are constructing infrastructure for digital production. The global data center capacity is expected to nearly double by 2030, and with this level of demand, the traditional project-by-project delivery model begins to show its limitations. Data centers are no longer isolated projects in the traditional sense. They are evolving into repeatable, scalable production systems, making them ideal environments for AEC process and business model innovation. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Brenda Radmacher Authors Chapter in ABA Publication on Construction Delays

    May 26, 2026 —
    Brenda Radmacher, a partner in Seyfarth’s Construction Law practice and a mediator and arbitrator serving on the American Arbitration Association’s panels, is among the contributing authors to the American Bar Association’s forthcoming guide on construction disputes: Time – The Legal Implications of Project Delay in Construction. Drawing on three decades of experience, Radmacher authors Chapter 8, Contractor Delay Damages, offering practical insight into one of the most contested issues in construction litigation and arbitration. Read the full story...
    Reprinted courtesy of Brenda Radmacher, Seyfarth Shaw LLP

    Preventing Common and Costly Water Intrusion Events in Construction

    July 13, 2026 —
    Water leaking into a building is a leading cause of damage and loss in the construction industry. On one jobsite, heavy rains flooded a sub-basement, damaging a new electrical transformer—all because a roof drain was not property connected. On another jobsite, a drinking-fountain supply line broke in a multistory building that was undergoing renovation, causing water to run—undetected—for an entire weekend, resulting in water damage to all lower floors, where construction had been finished. Those loss scenarios could have been prevented with a comprehensive and effective water damage prevention plan (WDPP). This includes routine site inspections to identify uncontrolled water damage exposures and basic maintenance to make sure drains are clean of debris and divert them to a catch basin or low point away from the building. An effective WDPP plan also incorporates technology such as backflow preventers on sewer connections and water sensing technology to monitor the most vulnerable exposures. Reprinted courtesy of Andrew Swift, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Court Rules Cook County Misspent $243M in Transportation Funds

    March 10, 2026 —
    A Cook County Illinois Circuit Court judge has ruled that the county violated the state constitution by using $243 million in transportation tax revenue during fiscal 2023 for non-transportation purposes, handing a legal win to a statewide coalition of construction trade groups. Read the full story...
    Reprinted courtesy of Annemarie Mannion, Engineering News-Record
    Ms. Mannion may be contacted at manniona@enr.com

    Arizona Court of Appeals Clarifies Homeowners Association Open Meeting Requirements

    June 29, 2026 —
    A Z N H Revocable Trust v. Sunland Springs Village Homeowners Association, No. 1 CA-CV 25-0424 (Ariz. Ct. App. Apr. 28, 2026) OVERVIEW The Arizona Court of Appeals issued an opinion clarifying how homeowners associations must conduct meetings under A.R.S. § 33-1804. The decision reinforces the legislative policy favoring transparency in association governance, bringing association meeting requirements more in line with the open meeting standards applicable to public bodies under A.R.S. § 38-431 et seq. (Arizona’s Open Meeting Law). KEY HOLDINGS 1. All Voting and Formal Actions Must Occur in Open Meetings The Court affirmed that association boards cannot vote or take formal action during closed (executive) sessions. Under A.R.S. § 33-1804(A), associations may close portions of meetings only for “consideration” of certain enumerated topics, such as legal advice, pending litigation, or personal/financial information about individual members. The Court interpreted “consideration” to mean discussion and deliberation, not voting. The Court noted that dictionaries define “consider” as “spending time thinking about a possibility” and “formulating an opinion,” which are processes that precede formal action. This interpretation mirrors how Arizona’s Open Meeting Law (A.R.S. § 38-431.03(D)) prohibits public bodies from voting in executive session. Reprinted courtesy of Jill Casson Owen, Snell & Wilmer, Benjamin J. Hawkins, Snell & Wilmer and Stephen Wright, Snell & Wilmer Ms. Owen may be contacted at jowen@swlaw.com Mr. Hawkins may be contacted at bhawkins@swlaw.com Mr. Wright may be contacted at swright@swlaw.com Read the full story...

    Self-Healing Infrastructure Could Pave the Road to the Future

    May 05, 2026 —
    A single hairline crack in a bridge deck can seem insignificant. But left undetected, minor cracks and fissures expand, water seeps in, steel corrodes and repair costs start to increase. This risk multiplies across thousands of miles of aging highways and bridges nationwide. As infrastructure endures increasing strain from heavier traffic, extreme weather and deferred maintenance, engineers are exploring “self-healing” systems, where streets and bridges are built with materials that can repair themselves. Concrete, asphalt and composites capable of detecting and mending microcracks autonomously are moving from laboratory research to pilot projects. But while emerging technology promises longer-lasting infrastructure, it also raises questions about long-term maintenance, performance guarantees, procurement frameworks and risk allocation. Read the full story...
    Reprinted courtesy of Allan C. Van Vliet, Pillsbury
    Mr. Van Vliet may be contacted at allan.vanvliet@pillsburylaw.com

    World's Longest Immersed Tunnel Passes Milestone, But Faces Delays

    August 03, 2026 —
    Work on the $8-billion Fehmarnbelt Tunnel, which is planned to link Germany and Denmark as the world’s longest immersed tunnel, is progressing as crews achieved a milestone last month with the successful immersion of its first precast concrete element. But Danish state-owned project owner Femern A/S says the plan is now running at least two years behind schedule and the tunnel’s road and rail portions will open in two separate stages. Read the full story...
    Reprinted courtesy of James Leggate, Engineering News-Record
    Mr. Leggate may be contacted at leggatej@enr.com