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    Construction Expert Witness News and Information
    For New Castle Delaware


    Insurer's Attempt to Strike Experts in Collapse Case Fails

    Federal Judge Issues Preliminary Injunction Blocking State's Enforcement of New Law Banning Mandatory Employee Arbitration Agreements

    Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits

    Flow-Down Clauses Can Drown Your Project

    Insured's Testimony On Expectation of Coverage Deemed Harmless

    First Circuit Limits Insurers’ Right to Recoup Defense Costs or Settlement Payments

    Thank You for Year 19 of Legal Elite

    Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy

    The Insurance Coverage Debate on Construction Defects Continues

    Insurance Law Client Alert: California Appeals Court Refuses to Apply Professional Services Exclusion to Products-Completed Operations Loss

    Green Buildings Could Lead to Liabilities

    General Contractor’s Professional Malpractice/Negligence Claim Against Design Professional

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    Modern Tools Are Key to Future-Proofing the Construction Industry

    Basement Foundation Systems’ Getting an Overhaul

    24/7 Wall Street Reported on Eight Housing Markets at All-Time Highs

    Real Estate & Construction News Roundup (5/29/24) – Megaprojects on the Rise, Agency Guidance for CRE, and an Upbeat Forecast for Commercial Real Estate Investment

    Massachusetts Nuclear Verdict Leads To $90M Bad Faith Award

    East Coast Evaluates Damage After Fast-Moving 'Bomb Cyclone'

    What Construction Contractors Should Know About the California Government Claims Act

    Trump, Infrastructure and the Construction Industry

    Another TV Fried as Georgia Leads U.S. in Lightning Costs

    Homebuilders Call for Housing Tax Incentives

    How AB5 has Changed the Employment Landscape

    Faulty Workmanship an Occurrence in Iowa – as Long as Other Property Damage is Involved

    Coverage Denied Where Occurrence Takes Place Outside Coverage Territory

    Nevada Court Adopts Efficient Proximate Cause Doctrine

    Don’t Let Construction Problems Become Construction Disputes (guest post)

    No Coverage for Construction Defects Under Arkansas Law

    Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

    Wall Failure Due to Construction Defect Says Insurer

    Traub Lieberman Partner Jessica Kull and Associate Jonathan Powell Win Motion to Dismiss in Favor of General Contractor

    Insurer's Judgment on the Pleadings Based Upon Expected Injury Exclusion Reversed

    Contractor Sentenced to 7 Years for “Hail Damage” Fraud

    Construction Employment Rose in 38 States from 2013 to 2014

    Haight Proudly Supports JDC's 11th Annual Bike-A-Thon Benefitting Pro Bono Legal Services

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

    The New York Lien Law - Top Ten Things You Ought to Know

    Architect, Engineer, and Design Professional Liens in California: A Different Animal than the Mechanics’ Lien

    Court Voids Settlement Agreement in Construction Defect Case

    New Executive Order: Revitalizing Our Nation’s Commitment to Environmental Justice for All

    History of Defects Leads to Punitive Damages for Bankrupt Developer

    Construction Law- Where Pragmatism and Law Collide

    Sometimes It’s Okay to Destroy Evidence

    White and Williams Ranked in Top Tiers of "Best Law Firms"

    Legislative Update – The CSLB’s Study Under SB465

    Scary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination Challenge

    South Carolina Legislature Defines "Occurrence" To Include Property Damage Arising From Faulty Workmanship

    Showdown Over Landmark Housing Law Looms at U.S. Supreme Court

    Drones, Googleplexes and Hyperloops
    Corporate Profile

    NEW CASTLE DELAWARE CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The New Castle, Delaware Construction Expert Witness Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to New Castle's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Construction Expert Witness News & Info
    New Castle, Delaware

    Navigating Timelines and Technology: Patent Strategies for Space and Earth

    June 01, 2026 —
    More than half a century after the Apollo 11 landing fulfilled President John F. Kennedy’s bold vision, the global race back to the Moon is no longer theoretical. With renewed attention on NASA’s Artemis program and a surge of commercial investment in space infrastructure, lunar exploration is again shaping technology priorities here on Earth. Reprinted courtesy of Kate Nuehring Su, Engineering News-Record and Vanessa Wang, Engineering News-Record Read the full story...
    ENR may be contacted at enr@enr.com

    How Mobile Tools Are Capturing Safety Data on Jobsites

    April 08, 2026 —
    Traditionally, construction safety management is “reactive compliance”—reporting on an incident, filling out a form on paper or electronically, taking a picture and filing it away for compliance purposes. Safety management is shifting from reactive to proactive. Forward-thinking companies are using data and leading indicators to identify risks before incidents happen, not just document injuries after the fact. Mobile tools have completely changed the way safety operations work on construction sites, enabling that transition to proactive safety management. Reprinted courtesy of Michael Bruns, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Massachusetts Settlement Targets Mortgage-Backed “Homeowner Benefit” Agreements

    April 08, 2026 —
    On March 11, Massachusetts Attorney General Andrea Joy Campbell announced a consent order with a real estate-related lender’s subsidiary, and affiliated individuals resolving allegations that the company violated the Massachusetts Consumer Protection Act by deceptively marketing mortgage-backed “Homeowner Benefit Agreements” to financially struggling homeowners. According to the complaint, the company offered homeowners relatively small upfront cash payments, typically less than $1,500, in exchange for a 40-year exclusive right to act as the listing broker if the homeowner later sold the property. The Attorney General alleged that the agreements also triggered substantial payment obligations upon other transfers, including death or foreclosure, and that the transactions were secured by recorded mortgages that could interfere with refinancing, home-equity access, or the ability to sell the home. The complaint further alleged that the company marketed the product to vulnerable consumers searching for loans or public benefits while obscuring the true nature of the transaction. Reprinted courtesy of A.J. S. Dhaliwal, Sheppard, Mehul N. Madia, Sheppard and Maxwell Earp-Thomas, Sheppard Mr. Dhaliwal may be contacted at adhaliwal@sheppard.com Mr. Madia may be contacted at mmadia@sheppard.com Mr. Earp-Thomas may be contacted at mearp-thomas@sheppard.com Read the full story...

    Oracle's $16B Michigan Data Center Secures Financing as Power Contracts Face Appeals

    June 08, 2026 —
    A $16 billion hyperscale data center under construction outside Ann Arbor, Mich., has secured financing backed by Blackstone and other institutional investors, even as the project's power supply agreements now face a legal challenge before the Michigan Court of Appeals. Read the full story...
    Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
    Mr. Gottlieb may be contacted at gottliebb@enr.com

    Communication Gaps Can Cost Construction Firms in the Data Center Boom

    June 02, 2026 —
    The data center construction boom is transforming the construction industry at a historic pace. Fueled by cloud computing, artificial intelligence and relentless demand for digital infrastructure, data centers have become one of the fastest-growing project types in the built environment. Billions of dollars are flowing into new facilities and expansions, creating unprecedented opportunities for construction firms positioned to deliver reliably. But opportunity alone does not guarantee success. As competition intensifies, communication failures and poor information management are emerging as some of the most common (and costly) reasons firms lose margins, miss deadlines or fail to secure repeat work. In data center construction, where schedules are compressed and tolerance for error is minimal, even small breakdowns in communication can have outsized consequences. Reprinted courtesy of Mike Lewis, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses

    May 12, 2026 —
    The recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies. Typically, both a homeowners’ policy and a commercial property policy include a grant of coverage for “direct physical loss of or damage to Covered Property.” Covered perils are listed, including such events as fire, lightning, or windstorm. Covered Property includes dwellings, other structures on the property and personal property. Additional coverages are usually provided. This includes debris removal after a peril insured against or collapse of a structure. In a homeowners’ policy, additional living expenses are likely covered when the damaged home is not fit to live in. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    No Bad Faith Despite Insurer’s Appraisal Award Exceeding Initial Payment

    August 03, 2026 —
    The federal district court granted the insurer’s motion for summary judgment, finding no bad faith despite the appraisal award exceeding the amount the insurer initially paid. Jazi Kat 4659 Rockridge LLC, et al. v. Travelers Cas. Ins. Co. of Am., et al., 2026 U.S. Dist. LEXIS 105634 (D. Ariz. May 13, 2026). Plaintiffs sued Travelers for breach of contract and bad faith, alleging that Travelers failed to pay money plaintiffs were owed under the policy. Plaintiffs held a commercial property policy for two properties. A fire destroyed one of the properties. Travelers adjusted the claim and issued two payments. Plaintiffs disagreed with the amount of the payments and demanded an appraisal. Travelers agreed to the appraisal. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    White and Williams LLP is Proud to Host the 20th Anniversary Virginia Barton Wallace Award and Reception

    May 05, 2026 —
    White and Williams LLP is proud to host the 20th Anniversary Virginia Barton Wallace (VBW) Award and Reception, which will celebrate this year’s honoree, The Rendell Center for Civics & Civic Engagement. This award was created to celebrate the remarkable career of Virginia “Ginny” Barton Wallace, the first woman to be elected to partnership not only at White and Williams but also at any law firm in Philadelphia. The VBW Award is presented to a woman or organization that embodies the same qualities that Ginny possessed: leadership, drive, exemplary work ethic, overall excellence in her field, or an ability to inspire other women to succeed. Read the full story...
    Reprinted courtesy of White and Williams LLP